§1707 — Title 12 Banks and Banking | U.S. Code

Summary

Defines key words used in the mortgage rules. Mortgage: a first lien on land or on a long lease (including leases of 99 years that can be renewed or leases that last at least 10 years past the loan’s due date), or a first lien that secures the unpaid purchase price for a one-family unit in a multiunit project. First mortgage: the usual first lien used to secure loans or unpaid purchase prices under state law, plus the loan papers it covers. Mortgagee: the original lender and any approved successors or assigns. Mortgagor: the original borrower and their successors or assigns. Maturity date: the date the loan would be paid off under its regular payment schedule. State: the 50 states, Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. Family member: a child, parent, or grandparent of the borrower or the borrower’s spouse; adopted, agency-placed-for-adoption, and foster children count as children. Child: a son, stepson, daughter, or stepdaughter. Real estate: land and permanent things attached to it, including homes and fixed manufactured housing; the Secretary may not force a state tax rule to decide if something is real estate for these rules.

Title 12, §1707

Banks and Banking — Source: USLM XML via OLRC

As used in section 1709 of this title—

(a)The term “mortgage” means (A) a first mortgage on real estate, in fee simple, (B) a first mortgage on a leasehold on real estate (i) under a lease for not less than ninety-nine years which is renewable, or (ii) under a lease having a period of not less than ten years to run beyond the maturity date of the mortgage, or (C) a first mortgage given to secure the unpaid purchase price of a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project; and the term “first mortgage” means such classes of first liens as are commonly given to secure advances on, or the unpaid purchase price of, real estate, under the laws of the State, in which the real estate is located, together with the credit instruments, if any, secured thereby.

(b)The term “mortgagee” includes the original lender under a mortgage, and his successors and assigns approved by the Secretary; and the term “mortgagor” includes the original borrower under a mortgage and his successors and assigns.

(c)The term “maturity date” means the date on which the mortgage indebtedness would be extinguished if paid in accordance with periodic payments provided for in the mortgage.

(d)The term “State” includes the several States, and Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands.

(e)The term “family member” means, with respect to a mortgagor under such section, a child, parent, or grandparent of the mortgagor (or the mortgagor’s spouse). In determining whether any of the relationships referred to in the preceding sentence exist, a legally adopted son or daughter of an individual (and a child who is a member of an individual’s household, if placed with such individual by an authorized placement agency for legal adoption by such individual), and a foster child of an individual, shall be treated as a child of such individual by blood.

(f)The term “child” means, with respect to a mortgagor under such section, a son, stepson, daughter, or stepdaughter of such mortgagor.

(g)The term “real estate” means land and all natural resources and structures permanently affixed to the land, including residential buildings and stationary manufactured housing. The Secretary may not require, for treatment of any land or other property as real estate for purposes of this subchapter, that such land or property be treated as real estate for purposes of State taxation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 2117(b), inserted “(A)” before “a first mortgage”, substituted “(B) a first mortgage on a leasehold on real estate (i)” for “or on a leasehold (1)” and “, or (ii)” for “or (2)”, and inserted “, or (C) a first mortgage given to secure the unpaid purchase price of a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project” before semicolon. Subsec. (d). Pub. L. 110–289, § 2120(c), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”. Subsec. (g). Pub. L. 110–289, § 2117(c), added subsec. (g). 1996—Subsecs. (e), (f). Pub. L. 104–204 added subsecs. (e) and (f). 1983—Subsec. (d). Pub. L. 98–181 inserted “American Samoa,” after “Pacific Islands,”. 1980—Subsec. (a). Pub. L. 96–399 substituted “ten years to run beyond the maturity date of the mortgage” for “fifty years to run from the date the mortgage was executed”. 1969—Subsec. (d). Pub. L. 91–152 inserted “the Trust Territory of the Pacific Islands” after “Guam”. 1967—Subsec. (b). Pub. L. 90–19 substituted “Secretary” for “Commissioner”. 1960—Subsec. (d). Pub. L. 86–624 struck out “Hawaii,” before “Puerto Rico”. 1959—Subsec. (d). Pub. L. 86–70 struck out “Alaska,” before “Hawaii”. 1952—Subsec. (d). Act July 14, 1952, inserted “Guam,” after “District of Columbia”. 1950—Act Apr. 20, 1950, substituted “Commissioner” for “Administrator”. 1941—Subsec. (a). Act Mar. 28, 1941, § 4(a)(1), struck out “district, or Territory”. Subsec. (d). Act Mar. 28, 1941, § 4(a)(2), added subsec. (d). 1938—Subsec. (a)(2). Act Feb. 3, 1938, struck out “upon which there is located a dwelling for not more than four families which is used in whole or in part for residential purposes, irrespective of whether such dwelling has a party wall or is otherwise physically connected with another dwelling” after “executed”. Subsec. (c). Act Feb. 3, 1938, added subsec. (c).

Statutory Notes and Related Subsidiaries

Improvement of Financing for Multifamily Housing Pub. L. 102–550, title V, subtitle C, Oct. 28, 1992, 106 Stat. 3794, which related to improvement of financing for multifamily housing and was formerly set out as a note under this section, was transferred or omitted as follows: section 541 of Pub. L. 102–550 was transferred and is set out as a note under section 1701 of this title; section 542 of Pub. L. 102–550 was transferred to section 1715z–22 of this title; section 543 of Pub. L. 102–550, as amended by Pub. L. 111–203, title III, § 371, July 21, 2010, 124 Stat. 1565, was omitted from the Code; section 544 of Pub. L. 102–550 was transferred to section 1715z–22a of this title.

§1707 Definitions