Title 12, Banks and BankingRelease 119-110

§4115 Timetable for Approval of Plan of Action

Title 12 › CHAPTER 42 — LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP › SUBCHAPTER I — PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT › § 4115

Last updated Sep 22, 2026|Official source

Summary

The Secretary must tell the owner in writing within 60 days if a plan has problems that stop it from being approved, and must explain how to fix them. Within 180 days after getting the plan, or longer if the owner asks, the Secretary must tell the owner in writing whether the plan (including any fixes) is approved, explain any reasons for denial, and give the owner a fair chance to revise it. If the Secretary misses the 180-day deadline, the owner must get the same incentives and help they would have received on time, unless the delay was caused by plan defects. The owner can sue in Federal district court to enforce this.

Full Legal Text

Title 12, §4115

Banks and Banking, Source: USLM XML via OLRC

(a)Notification of deficiencies

Not later than 60 days after receipt of a plan of action, the Secretary shall notify the owner in writing of any deficiencies that prevent the plan of action from being approved. If deficiencies are found, such notice shall describe alternative ways in which the plan may be revised to meet the criteria for approval.

(b)Notification of approval

(1)In general

Not later than 180 days after receipt of a plan of action, or such longer period as the owner requests, the Secretary shall notify the owner in writing whether the plan of action, including any revisions, is approved. If approval is withheld, the notice shall describe—

(A)the reasons for withholding approval; and

(B)the actions that could be taken to meet the criteria for approval.

(2)Opportunity to revise

The Secretary shall subsequently give the owner a reasonable opportunity to revise the plan of action and seek approval.

(c)Delayed approval

If the Secretary does not approve a plan of action within the period under subsection (b), the Secretary shall provide incentives and assistance under this subchapter in the amount that the owner would have received if the Secretary had complied with such time limitations. The preceding sentence shall not apply if the plan of action was not approved because of deficiencies. An owner may bring an action in the appropriate Federal district court to enforce this subsection.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4115

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110