Title 12 — Banks and Banking
Chapter 13 — National Housing
§ 1715g. Insurance of mortgage where mortgagor is not occupant of property
Statutory text
The Secretary is hereby authorized to insure any mortgage otherwise eligible for insurance under any of the provisions of this chapter without regard to any requirement with respect to the occupancy of the mortgagor of the property at the time of insurance, where the Secretary is satisfied that the inability of the mortgagor to meet such requirement is by reason of his entry on active duty in a uniformed service subsequent to the filing of an application for insurance and the mortgagor expresses an intent to meet such requirement upon his release from active duty.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
June 27, 1934, ch. 847, title II, § 216, as added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315 · 65 Stat. 315
Enacted · 12 U.S.C. § 1715g
June 27, 1934, ch. 847, title II, § 216, as added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315
Source evidence
Code source credit
June 27, 1934, ch. 847, title II, § 216, as added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315Pub. L. 90–19 § 1(a)(3) · 81 Stat. 17
Substituted · 12 U.S.C. § 1715g
Pub. L. 90–19 substituted “Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Pub. L. 90–19 substituted “Secretary” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(1) by striking out “Federal Housing Administration” each place it appears and inserting in lieu thereof “Department of Housing and Urban Development”;Pub. L. 91–621 § 7(a) · 84 Stat. 1863
Substituted · 12 U.S.C. § 1715g
Pub. L. 91–621 substituted “on active duty in a uniformed service” and “release from active duty” for “into military service” and “discharge from military service”
Source evidence
Code amendment note
Pub. L. 91–621 substituted “on active duty in a uniformed service” and “release from active duty” for “into military service” and “discharge from military service”.Enacted provision · exact public law section
(a) Section 216 of title II of the National Housing Act, as 65 Stat. 315. 12 USC 1715g. amended, is amended to read as follows: “Sec. 216. “waiver of occupancy requirements for servicemen The Secretary is hereby authorized to insure any mortgage otherwise eligible for insurance under any of the provisions of this Act without regard to any requirement that the mortgagor be the occupant of the property at the time of insurance, where the Secretary is satisfied that the inability of the mortgagor to occupy the property is by reason of his entry on active duty in a uniformed service subsequent to the filing of ah application for insurance and the mortgagor expresses an intent to occupy the property upon his release from active duty.”Housing and Community Development Act of 1987
Pub. L. 100–242 title IV § 406(b)(8) · 101 Stat. 1815
Substituted · 12 U.S.C. § 1715g
Pub. L. 100–242 substituted “with respect to the occupancy of the mortgagor” for “that the mortgagor be the occupant” wherever appearing
Substituted · 12 U.S.C. § 1715g
Pub. L. 100–242 substituted “meet such requirement” for “occupy the property” wherever appearing
Source evidence
Code amendment note
Pub. L. 100–242 substituted “with respect to the occupancy of the mortgagor” for “that the mortgagor be the occupant” and “meet such requirement” for “occupy the property” wherever appearing.Enacted provision · exact public law section
(8) Section 216 of the National Housing Act is amended— 12 USC 1715g. (A) by striking “that the mortgagor be the occupant” and inserting “with respect to the occupancy of the mortgagor”; and (B) by striking “occupy the property” each place it appears and inserting “meet such requirement”.Effective date note
Amendment by Pub. L. 100–242 applicable only with respect to mortgages insured pursuant to conditional commitment issued on or after Feb. 5, 1988, or in accordance with direct endorsement program (24 CFR 200.163), if approved underwriter of mortgagee signs appraisal report for property on or after Feb. 5, 1988, see section 406(d) of Pub. L. 100–242, set out as a note under section 1709 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see Tables.
Amendments1967–1988 · 3 rounds
1988
Pub. L. 100–242 substituted “with respect to the occupancy of the mortgagor” for “that the mortgagor be the occupant” and “meet such requirement” for “occupy the property” wherever appearing.
1970
Pub. L. 91–621 substituted “on active duty in a uniformed service” and “release from active duty” for “into military service” and “discharge from military service”.
1967
Pub. L. 90–19 substituted “Secretary” for “Commissioner” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–242 applicable only with respect to mortgages insured pursuant to conditional commitment issued on or after , or in accordance with direct endorsement program (24 CFR 200.163), if approved underwriter of mortgagee signs appraisal report for property on or after , see section 406(d) of Pub. L. 100–242, set out as a note under section 1709 of this title.
Credits
1934–1988 · 4 acts
- 1934June 27, 1934, ch. 847, title II, § 216, as added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315
- 1967amended Pub. L. 90–19, § 1(a)(3), , 81 Stat. 17
- 1970Pub. L. 91–621, § 7(a), , 84 Stat. 1865
- 1988Pub. L. 100–242, title IV, § 406(b)(8), , 101 Stat. 1901.
Show as published
(June 27, 1934, ch. 847, title II, § 216, as added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315; amended Pub. L. 90–19, § 1(a)(3), , 81 Stat. 17; Pub. L. 91–621, § 7(a), , 84 Stat. 1865; Pub. L. 100–242, title IV, § 406(b)(8), , 101 Stat. 1901.)