Title 12, Banks and BankingRelease 119-73not60

§1735f–18 Information Regarding Early Defaults and Foreclosures on Insured Mortgages

Title 12 › Chapter 13— NATIONAL HOUSING › Subchapter V— MISCELLANEOUS › § 1735f–18

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Housing and Urban Development must collect and keep data about early defaults and foreclosures on mortgages insured under section 1709. The data must be gathered every quarter for a 5-year "applicable collection period" (the five years ending on the last day of the quarter). The records must be open to the public on request and must be available no more than 30 days after the quarter ends. The first set of data had to cover the first calendar quarter that ended more than 180 days after November 28, 1990. HUD must also send Congress a report each year with the collected information. For each lender and for each "designated census tract" (a census tract inside a metropolitan area), HUD must record the lender’s name; how many insured mortgages the lender made in each tract during the period and each year; how many of those mortgages went into default or foreclosure during the period and each year; the percentage of the lender’s insured loans in the tract that defaulted or were foreclosed; totals across all designated tracts; and similar totals for mortgages outside designated tracts and for each tract as a whole.

Full Legal Text

Title 12, §1735f–18

Banks and Banking, Source: USLM XML via OLRC

(a)The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c)) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990.
(b)(1)Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to section 1709 of this title and secured by property in a designated census tract, the following information with respect to such mortgages:
(A)The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period.
(B)The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract.
(C)The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in each year of the period.
(D)For each designated census tract, the percentage of such lender’s total insured mortgages originated during each year of the applicable collection period (with respect to properties within such census tract) on which defaults or foreclosures have occurred during the applicable collection period.
(E)The total of all such originations, defaults, and foreclosures on insured mortgages originated by such lender during the applicable collection period for all designated census tracts and the percentage of the total number of such lender’s insured mortgage originations on which defaults or foreclosures have occurred during the applicable collection period.
(2)Information collected under this section shall also include the following:
(A)For each lender referred to under paragraph (1), the total number of insured mortgages originated by the lender secured by properties not located in a designated census tract, the total number of defaults and foreclosures on such mortgages, and the percentage of such mortgages originated on which defaults or foreclosures occurred during the applicable collection period.
(B)For each designated census tract, the total number of mortgages originated during the applicable collection period that are insured pursuant to section 1709 of this title, the number of defaults and foreclosures occurring on such mortgages during such period, and the percentage of the total insured mortgage originations during the period on which defaults or foreclosures occurred.
(c)The Secretary shall submit to the Congress annually a report containing the information collected and maintained under subsection (b) for the relevant year.
(d)For purposes of this section:
(1)The term “applicable collection period” means the 5-year period ending on the last day of the calendar quarter for which information under this section is collected.
(2)The term “designated census tract” means a census tract located within a metropolitan statistical area, as defined pursuant to regulations issued by the Secretary of Commerce.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Availability of Information Regarding Default/Claim Rates During Transition Pub. L. 101–625, title III, § 335(b), Nov. 28, 1990, 104 Stat. 4144, provided that: “During the period beginning on the date of the enactment of this Act [Nov. 28, 1990] and ending on the date of the initial availability of information under section 540 of the National Housing Act [12 U.S.C. 1735f–18] (as added by subsection (a)), the Secretary of Housing and Urban Development shall make publicly available all reports regarding Default/Claim Rates per Regional Office for Fiscal Year 1990 Endorsements that are produced by the Department of Housing and Urban Development during such period.”

Reference

Citations & Metadata

Citation

12 U.S.C. § 1735f–18

Title 12, Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60