Title 12Banks and BankingRelease 119-73

§1715z–21 Delegation of insuring authority to direct endorsement mortgagees

Title 12 › Chapter CHAPTER 13— - NATIONAL HOUSING › Subchapter SUBCHAPTER II— - MORTGAGE INSURANCE › § 1715z–21

Last updated Apr 6, 2026|Official source

Summary

The Secretary can let one or more mortgage lenders approved under the direct endorsement program take over the Secretary’s job of insuring loans on homes meant mostly for 1- to 4-family occupancy. When picking lenders, the Secretary must look at their experience and how well they perform, compare their default rate to similar insured loans, and check any other factors that help lower the risk to the insurance funds. If the Secretary finds a loan was not made following the Secretary’s rules and then pays a claim within a reasonable time the Secretary sets, the lender may have to repay the loss. If fraud or false statements were involved, the lender can be required to repay no matter when the claim is paid. The Secretary may cancel a lender’s delegation for rule violations or other good cause by giving notice; the cancellation takes effect when the lender receives the notice or on a later date the Secretary sets, and that cancellation decision is final and cannot be reviewed by courts. Before approving any delegation, the Secretary must make rules and procedures, including rules about when lenders must repay losses.

Full Legal Text

Title 12, §1715z–21

Banks and Banking — Source: USLM XML via OLRC

(a)The Secretary may delegate, to one or more mortgagees approved by the Secretary under the direct endorsement program, the authority of the Secretary under this chapter to insure mortgages involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families.
(b)In determining whether to delegate authority to a mortgagee under this section, the Secretary shall consider the experience and performance of the mortgagee compared to the default rate of all insured mortgages in comparable markets, and such other factors as the Secretary determines appropriate to minimize risk of loss to the insurance funds under this chapter.
(c)(1)If the Secretary determines that a mortgage insured by a mortgagee pursuant to delegation of authority under this section was not originated in accordance with the requirements established by the Secretary, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss.
(2)If fraud or misrepresentation was involved in connection with the origination, the Secretary may require the mortgagee approved under this section to indemnify the Secretary for the loss regardless of when an insurance claim is paid.
(d)If a mortgagee to which the Secretary has made a delegation under this section violates the requirements and procedures established by the Secretary or the Secretary determines that other good cause exists, the Secretary may cancel a delegation of authority under this section to the mortgagee by giving notice to the mortgagee. Such a cancellation shall be effective upon receipt of the notice by the mortgagee or at a later date specified by the Secretary. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review.
(e)Before approving a delegation under this section, the Secretary shall issue regulations establishing appropriate requirements and procedures, including requirements and procedures governing the indemnification of the Secretary by the mortgagee.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1715z–21

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73