Title 12Banks and BankingRelease 119-73

§1715z–5 Purchase of fee simple title from lessors

Title 12 › Chapter CHAPTER 13— - NATIONAL HOUSING › Subchapter SUBCHAPTER II— - MORTGAGE INSURANCE › § 1715z–5

Last updated Apr 6, 2026|Official source

Summary

The Secretary can agree to insure loans that approved lenders make so people who lease land long-term can buy the full ownership (fee simple) of the land their house sits on. Financial institution — a lender the Secretary has approved under the mortgage insurance rules (sections 1703 or 1709(b)(1)). Homeowner — a person who leases the land under a long-term ground lease. To qualify, the loan must be for a dwelling built mainly as a one-, two-, three-, or four-family home; not more than the cost of buying the fee simple title or $10,000 per family unit ($30,000 in Hawaii), whichever is less; when added to existing debt on the property stay within the mortgage limit in section 1709(b); have an interest rate the borrower and lender agree on; have a term acceptable to the Secretary but no more than 20 years from the start of amortization; and meet any other rules the Secretary sets. Certain rules in section 1715k(h) (paragraphs (3), (5), (6), (7), (8), and (10)) also apply to these loans, with references to “home improvement loans” or “this subsection” treated as referring to these loans.

Full Legal Text

Title 12, §1715z–5

Banks and Banking — Source: USLM XML via OLRC

(a)The Secretary is authorized, upon such terms and conditions as he may prescribe, to make commitments to insure and to insure loans made by financial institutions for the purpose of financing purchases by homeowners of the fee simple title to property on which their homes are located.
(b)As used in this section—
(1)the term “financial institution” means a lender approved by the Secretary as eligible for insurance under section 1703 of this title or a mortgagee approved under section 1709(b)(1) of this title; and
(2)the term “homeowner” means a lessee under a long-term ground lease.
(c)To be eligible for insurance under this section, a loan shall—
(1)relate to property on which there is located a dwelling designed principally for a one-, two-, three-, or four-family residence;
(2)not exceed the cost of purchasing the fee simple title, or $10,000 ($30,000, if the property is located in Hawaii) per family unit, whichever is the lesser;
(3)be limited to an amount which when added to any outstanding indebtedness related to the property (as determined by the Secretary) creates a total outstanding indebtedness which does not exceed the applicable mortgage limit prescribed in section 1709(b) of this title;
(4)bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee;
(5)have a maturity satisfactory to the Secretary, but not to exceed twenty years from the beginning of amortization of the loan; and
(6)comply with such other terms, conditions, and restrictions as the Secretary may prescribe.
(d)The provisions of paragraphs (3), (5), (6), (7), (8), and (10) of section 1715k(h) of this title shall be applicable to loans insured under this section and, as applied to loans insured under this section, references in those paragraphs to “home improvement loans” and “this subsection” shall be construed to refer to loans under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–479 substituted “purchases” for “purchasers”. 1983—Subsec. (c)(4). Pub. L. 98–181 substituted provision that the interest rate be such rate as agreed upon by the mortgagor and the mortgagee for provision that the interest rate not exceed such per centum per annum, not in excess of 6 per centum, on the amount of the principal obligation outstanding at any time, as the Secretary finds necessary to meet market conditions, and such other charges as approved by the Secretary. 1980—Subsec. (c)(5). Pub. L. 96–399 struck out “or three-quarters of the remaining economic life of the home, whichever is the lesser” after “loan”. 1978—Subsec. (c)(2). Pub. L. 95–557 inserted “($30,000, if the property is located in Hawaii)” after “$10,000”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1715z–5

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73