Title 42The Public Health and WelfareRelease 119-73

§12808 Second mortgage assistance for first-time homebuyers

Title 42 › Chapter CHAPTER 130— - NATIONAL AFFORDABLE HOUSING › Subchapter SUBCHAPTER II— - INVESTMENT IN AFFORDABLE HOUSING › Part Part D— - Specified Model Programs › § 12808

Last updated Apr 6, 2026|Official source

Summary

The Secretary must offer a model program that local governments can use to give second‑mortgage loans to first‑time homebuyers. These loans let payments be delayed for at least a 5‑year period after the buyer buys the home. Interest on the unpaid balance must be at least 4 percent. The loan amount cannot be more than 30 percent of the home's purchase price. The home must be a single‑family house and the buyer’s main home. The loan is secured by a lien on the property that is behind the first mortgage. After the deferral, the loan is paid back over 15 years. The program must also provide homeownership counseling. That includes help before and after buying, finding affordable homes, managing money, understanding mortgages and sale contracts, and fixing credit problems that could stop the purchase.

Full Legal Text

Title 42, §12808

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall make available a model program under which units of general local government provide loans (secured by second mortgages) with deferred payment of interest and principal to first-time homebuyers.
(b)The program under this section shall provide for homeownership counseling to first-time homebuyers assisted, which shall include—
(1)counseling before and after purchase of the property;
(2)assisting first-time homebuyers in identifying the most suitable and affordable properties;
(3)providing homebuyers with financial management assistance;
(4)assisting homebuyers in understanding mortgage transactions and home sales contracts; and
(5)assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property.
(c)Deferred payment loans secured by second mortgages may be provided under the model program under this section if—
(1)the homebuyer assisted is a first-time homebuyer;
(2)the property secured by the second mortgage is a single-family residence and is the principal residence of the homebuyer; and
(3)the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer.
(d)(1)The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer.
(2)The interest rate on the unpaid balance of a loan under this section shall be at least 4 percent.
(3)A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral period.
(e)A deferred payment loan assisted with amount 11 So in original. Probably should be “amounts”. provided under a grant under this section shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12808

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73