42 U.S.C. § 4527

General powers of Secretary

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In the performance of, and with respect to, the functions, powers, and duties vested in him by this part, the Secretary, in addition to any authority otherwise vested in him, shall—(1) have the functions, powers, and duties (including the authority to issue rules and regulations) set forth in section 1749a,11 See References in Text note below. except subsections (c)(2), (c)(4), (d), and (f), of title 12: Provided, That subsection (a)(1) of section 1749a 1 of title 12 shall not apply with respect to functions, powers, and duties under section 4520 1 of this title;(2) have the power, notwithstanding any other provision of law, in connection with any assistance under this part, whether before or after any default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of the private new community developer or State land development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and(3) have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided assistance pursuant to this part. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in connection with any security, subrogation, or other rights obtained by him in administering this part.(Pub. L. 91–609, title VII, § 726, Dec. 31, 1970, 84 Stat. 1801.)Editorial NotesReferences in Text

Section 1749a of title 12, referred to in par. (1), was repealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545.

Section 4520 of this title, referred to in par. (1), was repealed by Pub. L. 98–181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239.

Notes of Decisions

Cited in 3 cases, 1978–1989 · leading case: Bor-Son Bldg. Corp. v. Keith R. Heller, 572 F.2d 174 (8th Cir. 1978).

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Bor-Son Bldg. Corp. v. Keith R. Heller, 572 F.2d 174 (8th Cir. 1978). “See also 42 U.S.C. § 4527 (1), which incorporates the similar “sue and be sued” clause of 12 U.”

United States v. Cedar-Riverside Land Co., 592 F.2d 470 (8th Cir. 1979). · cites it 2× “After a hearing on the appellees’ motion, the district court ruled on June 13, 1978 that it was “required, under the present circumstances, to appoint a receiver pursuant to the Indenture and Title 42 U.S.C. § 4527 .” 5 The court appointed a receiver, effective July 1, 1978, to…”

Fox v. Comm'r, 874 F.2d 560 (8th Cir. 1989). “” 42 U.S.C. § 4527 (3) (1982). The regulations provide that the Secretary may waive or amend all terms and conditions in the Project Agreement, Indenture, and other Project Documents that do not specifically require the consent of all or a portion of the holders of the…”

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