Title 12, Banks and BankingRelease 119-110

§4102 Notice of Intent

Title 12 › CHAPTER 42 — LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP › SUBCHAPTER I — PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT › § 4102

Last updated Sep 22, 2026|Official source

Summary

If an owner of eligible low-income housing plans to end the affordability rules by prepaying or voluntarily stopping them, extend the affordability period, or sell the property to a qualified buyer, the owner must file a notice with the Secretary in the form the Secretary requires. At the same time, the owner must send the same notice to the chief executive officer of the state or local government where the housing is, give it to the mortgagee, and tell the tenants. An owner cannot file this notice if the mortgage went into default on or after November 28, 1990. An owner also cannot file if the mortgage defaulted before that date but was current on November 28, 1990, unless the owner agrees to pay the Insurance Fund for losses the Secretary says are owed. The Secretary must apply this rule in line with section 1701z–11.

Full Legal Text

Title 12, §4102

Banks and Banking, Source: USLM XML via OLRC

(a)Filing with Secretary
An owner of eligible low-income housing that intends to terminate the low-income affordability restrictions through prepayment or voluntary termination in accordance with section 4108 of this title, extend the low-income affordability restrictions of the housing in accordance with section 4109 of this title, or transfer the housing to a qualified purchaser in accordance with section 4110 of this title, shall file with the Secretary a notice indicating such intent in the form and manner as the Secretary shall prescribe.
(b)Filing with State or local government, tenants, and mortgagee
The owner, upon filing a notice of intent under this section, shall simultaneously file the notice of intent with the chief executive officer of the appropriate State or local government for the jurisdiction within which the housing is located and with the mortgagee, and shall inform the tenants of the housing of the filing.
(c)Ineligibility for filing
An owner shall not be eligible to file a notice of intent under this section if the mortgage covering the housing—
(1)falls into default on or after November 28, 1990; or
(2)(A)fell into default before, but is current as of, November 28, 1990; and
(B)the owner does not agree to recompense the appropriate Insurance Fund, in the amount the Secretary determines appropriate, for any losses sustained by the Fund as a result of any work-out or other arrangement agreed to by the Secretary and the owner with respect to the defaulted mortgage.
The Secretary shall carry out this subsection in a manner consistent with the provisions of section 1701z–11 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4102

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110