§3751 — Title 12 Banks and Banking | U.S. Code

Summary

Creates a single federal procedure the Secretary can use to foreclose on 1- to 4-family homes in certain federal mortgage programs. Congress found that different state rules make foreclosures slow and costly, hurt neighborhoods, let homes fall into disrepair, raise federal holding costs, and increase vandalism, fire, and damage. A faster, uniform, nonjudicial foreclosure process with no right to redeem is meant to fix these problems and cut court cases. It applies to mortgages held under Title I or Title II of the National Housing Act and to loans the Secretary obligates under 42 U.S.C. §1452b.

Title 12, §3751

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(a)The Congress finds that—

(1)the disparate State laws under which mortgages are foreclosed on behalf of the Secretary covering 1- to 4-family residential properties—

(A)burden certain programs administered by the Secretary;

(B)increase the costs of collecting obligations; and

(C)generally are a detriment to the community in which the properties are located;

(2)the long periods required to complete the foreclosure of such mortgages under certain State laws—

(A)lead to deterioration in the condition of the properties involved;

(B)necessitate substantial Federal holding expenditures;

(C)increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and

(D)adversely affect the neighborhoods in which the properties are located;

(3)these conditions seriously impair the ability of the Secretary to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authority;

(4)the availability of uniform and more expeditious procedures, with no right of redemption in the mortgagor or others, for the foreclosure of these mortgages by the Secretary will tend to ameliorate these conditions; and

(5)providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts if they contribute to overcrowded calendars.

(b)The purpose of this chapter is to create a uniform Federal foreclosure remedy for single family mortgages that—

(1)are held by the Secretary pursuant to title I or title II of the National Housing Act [12 U.S.C. 1702 et seq., 1707 et seq.]; or

(2)secure loans obligated by the Secretary under section 1452b 11 See References in Text note below. of title 42.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Housing Act, referred to in subsec. (b)(1), is act

June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables. Section 1452b of title 42, referred to in subsec. (b)(2), was repealed by Pub. L. 101–625, title II, § 289(b)(1), Nov. 28, 1990, 104 Stat. 4128. Codification Section is based on section 802 of title VIII of S. 2281, One Hundred Third Congress, as reported

July 13, 1994, which was enacted into law by Pub. L. 103–327.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316, provided in part that title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which is classified to this chapter, is incorporated into Pub. L. 103–327 and deemed enacted into law upon enactment of Pub. L. 103–327, which was approved Sept. 28, 1994.

Short Title

section 801 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327, title II [title VIII, § 801], Sept. 28, 1994, 108 Stat. 2316, provided in part, that: “This title [enacting this chapter] may be cited as the ‘Single Family Mortgage Foreclosure Act of 1994’.”

§3751 Findings and Purpose