§4567 — Title 12 Banks and Banking | U.S. Code

Summary

Each year, the two government-backed mortgage companies (the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association) must set aside money equal to 4.2 basis points on every dollar of unpaid principal in their new purchase business. Sixty-five percent of that money goes to the Department of Housing and Urban Development for the Housing Trust Fund, and 35 percent goes to the Capital Magnet Fund. One quarter of the total collected must be put into a special Treasury fund set up by the Secretary of the Treasury. The Director can temporarily stop the set‑asides if they would make a company financially unstable, leave it without enough capital, or keep it from completing a required capital-restoration plan. The companies may not pass these costs on to mortgage originators by raising fees or cutting premiums. These rules are enforceable under the law’s enforcement procedures. Funds can’t be used with property taken by eminent domain unless it is for a public use, and "public use" does not include economic development that mainly benefits private parties.

Title 12, §4567

Banks and Banking — Source: USLM XML via OLRC

(a)Subject to subsection (b), in each fiscal year—

(1)the Federal Home Loan Mortgage Corporation shall—

(A)set aside an amount equal to 4.2 basis points for each dollar of the unpaid principal balance of its total new business purchases; and

(B)allocate or otherwise transfer—

(i)65 percent of such amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 4568 of this title; and

(ii)35 percent of such amounts to fund the Capital Magnet Fund established pursuant to section 4569 of this title; and

(2)the Federal National Mortgage Association shall—

(A)set aside an amount equal to 4.2 basis points for each dollar of unpaid principal balance of its total new business purchases; and

(B)allocate or otherwise transfer—

(i)65 percent of such amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 4568 of this title; and

(ii)35 percent of such amounts to fund the Capital Magnet Fund established pursuant to section 4569 of this title.

(b)The Director shall temporarily suspend allocations under subsection (a) by an enterprise upon a finding by the Director that such allocations—

(1)are contributing, or would contribute, to the financial instability of the enterprise;

(2)are causing, or would cause, the enterprise to be classified as undercapitalized; or

(3)are preventing, or would prevent, the enterprise from successfully completing a capital restoration plan under section 4622 of this title.

(c)The Director shall, by regulation, prohibit each enterprise from redirecting the costs of any allocation required under this section, through increased charges or fees, or decreased premiums, or in any other manner, to the originators of mortgages purchased or securitized by the enterprise.

(d)Compliance by the enterprises with the requirements under this section shall be enforceable under subpart 3. Any reference in such subpart to this part or to an order, rule, or regulation under this part specifically includes this section and any order, rule, or regulation under this section.

(e)Of the aggregate amount allocated under subsection (a), 25 percent shall be deposited into a fund established in the Treasury of the United States by the Secretary of the Treasury for such purpose.

(f)No funds under this chapter may be used in conjunction with property taken by eminent domain, unless eminent domain is employed only for a public use, except that, for purposes of this section, public use shall not be construed to include economic development that primarily benefits any private entity.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (f), was in the original “this title”, meaning title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941, which is classified principally to this chapter. For complete classification of title XIII to the Code, see

Short Title

note set out under section 4501 of this title and Tables.

Prior Provisions

A prior section 4567, Pub. L. 102–550, title XIII, § 1337, Oct. 28, 1992, 106 Stat. 3964, related to reports during transition, prior to repeal by Pub. L. 110–289, div. A, title I, § 1131(a), July 30, 2008, 122 Stat. 2711.

§4567 Affordable Housing Allocations