§1715z–17 — Title 12 Banks and Banking | U.S. Code

Summary

Allows the Secretary to insure home loans for 1- to 4-family homes or co-op units that let the lender take a fixed share of any future increase in the property’s value. The loan must meet rules the Secretary sets for the interest rate, and the payment schedule can amortize for up to 30 years. The actual loan term must be at least 10 years and no more than 30 years, and the Secretary can set rules for refinancing and other conditions. The lender’s share of the increase must be paid when the home is sold, transferred, or the loan is paid off, whichever comes first. "Net appreciated value" means how much the sale price (after selling costs) is above the value when the insurance commitment was made, with agreed adjustments for improvements. If there’s no sale, an approved appraisal sets the price. If the borrower defaults, the insurer pays normal insurance amounts but not the lender’s share of appreciation. State rules that forbid raising a loan balance after signing do not apply to these loans. The Secretary must promote use for low- and moderate-income renters facing conversion to condos or co-ops, require consumer protections and disclosures, and may set other terms. Each year, loans under this rule and a related program together may not exceed 10% of the total mortgages the Secretary insured in the prior fiscal year.

Title 12, §1715z–17

Banks and Banking — Source: USLM XML via OLRC

(a)Notwithstanding any provision of this subchapter that is inconsistent with this section, the Secretary may insure, under any provision of this subchapter providing for insurance of mortgages on properties upon which there is located a dwelling designed principally for occupancy by one to four families, a mortgage secured by a first lien on such a property or on the stock allocated to a dwelling unit in a residential cooperative housing corporation, which—

(1)provides for the mortgagee to share in a predetermined percentage of the property’s or stock’s net appreciated value;

(2)bears interest at a rate which meets criteria prescribed by the Secretary;

(3)provides for amortization over a period of not to exceed 30 years, but the actual term of the mortgage (excluding any refinancing) may be not less than 10 nor more than 30 years, and contains such provisions relating to refinancing of the principal balance of the mortgage and any contingent deferred interest as the Secretary may provide; and

(4)meets such other conditions as the Secretary may require by regulation.

(b)The mortgagee’s share of a property’s or stock’s net appreciated value shall be payable upon sale or transfer (as defined by the Secretary) of the property or stock or payment in full of the mortgage, whichever occurs first. For purposes of this section, the term “net appreciated value” means the amount by which the sales price of the property or stock (less the mortgagor’s selling costs) exceeds the value of the property or stock at the time the commitment to insure is issued (with adjustments for capital improvements stipulated in the loan contract). If there has been no sale or transfer at the time the mortgagee’s share of net appreciated value becomes payable, the sales price for purposes of this section shall be determined by means of an appraisal conducted in accordance with procedures approved by the Secretary and provided for in the mortgage.

(c)In the event of a default, the mortgagee shall be entitled to receive the benefits of insurance in accordance with section 1710(a) of this title, but such insurance benefits shall not include the mortgagee’s share of net appreciated value. The term “original principal obligation of the mortgage” as used in section 1710 of this title shall not include the mortgagee’s share of net appreciated value.

(d)Mortgages insured pursuant to this section which contain provisions for sharing appreciation or which otherwise require or permit increases in the outstanding loan balance which are authorized under this section or under applicable regulations shall not be subject to any State constitution, statute, court decree, common law, rule, or public policy limiting or prohibiting increases in the outstanding loan balance after execution of the mortgage.

(e)In carrying out the provisions of this section, the Secretary shall encourage the use of insurance under this section by low and moderate income tenants who would otherwise be displaced by the conversion of their rental housing to condominium or cooperative ownership.

(f)The Secretary shall prescribe adequate consumer protections and disclosure requirements with respect to mortgages insured under this section, and may prescribe such other terms and conditions as may be appropriate to carry out the provisions of this section.

(g)The aggregate number of mortgages and loans insured under this section and section 1715z–10(c) 11 See References in Text note below. of this title in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this subchapter during the preceding fiscal year.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1715z–10(c) of this title, referred to in subsec. (g), was repealed by Pub. L. 110–289, div. B, title I, § 2120(a)(7), July 30, 2008, 122 Stat. 2835.

Amendments

1988—Subsec. (g). Pub. L. 100–242 struck out reference to section 1715z–16 of this title.

§1715z–17 Shared appreciation mortgages for single family housing