12 U.S.C. § 1715z–17: Shared appreciation…

Summary

Lets the Secretary (the federal housing official) insure mortgages on one- to four-family homes and co-op units that give the lender a set share of any future increase in value. The lender’s percentage must be set ahead of time. Interest rates must follow rules the Secretary makes. Loans must be amortized in no more than 30 years, and the loan term (not counting refinances) must be between 10 and 30 years. The Secretary can set rules about refinancing and other conditions. The lender’s share is paid when the property is sold, transferred, or the mortgage is paid off, whichever happens first. "Net appreciated value" means the sale price minus selling costs, compared to the property’s value when the insurance commitment was made, with agreed capital improvements added. If there is no sale, an approved appraisal sets the price. On default, the usual federal mortgage insurance benefits apply but not the lender’s share of appreciation. State laws that would block increases in the loan balance do not apply. The Secretary must promote use for low- and moderate-income tenants facing condo or co-op conversion, require consumer protections and disclosures, and limit these loans to at most 10 percent of insured mortgages each fiscal year.

Title 12, §1715z–17

Banks and Banking, Source: USLM XML via OLRC

(a)One

to four-family dwellings; requirements

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)Payment of mortgagee’s share of net appreciated value; “net appreciated value” defined

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)Entitlement of mortgagee upon default

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)Inapplicability of State constitution, statute, etc., limiting or prohibiting increases in outstanding loan balance

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)Encouraged use of insurance by low and moderate income families

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)Consumer protections and disclosure requirements

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)Number of mortgages and loans

The aggregate number of mortgages and loans insured under this section and section 1715z–10(c) 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