321 Part 213—Cooperative Housing Mortgage
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Office of Assistant Secretary for Housing, HUD § 213.251 but not limited to the following organi- COOPERATIVE MANAGEMENT HOUSING zations: local management agents, INSURANCE AND DISTRIBUTIVE SHARES local management associations and 213.275 Nature of the Cooperative Manage- management agents with centralized ment Housing Insurance Fund. facilities. Owners of multiple projects 213.276 Allocation of Cooperative Manage- may centralize the electronic trans- ment Housing Insurance Fund income or losses. mission function. However, owners 213.277 Right and liability under the Coop- that contract out or centralize the erative Management Housing Insurance electronic transmission function are Fund. required to retain the ability to mon- 213.278 Distribution of distributive share. itor the day-to-day operations of the 213.279 Maximum amount of distributive share. project at the project site and be able 213.280 Finality of determination. to demonstrate that ability to the rel- evant HUD field office. Subpart C—Individual Properties Released From Project Mortgage; Expiring Program [58 FR 61022, Nov. 19, 1993, as amended at 59 FR 43475, Aug. 24, 1994] 213.501 Savings clause. AUTHORITY: 12 U.S.C. 1715b, 1715e; 42 U.S.C. PART 213—COOPERATIVE 3535(d). HOUSING MORTGAGE INSURANCE SOURCE: 36 FR 24553, Dec. 22, 1971, unless otherwise noted. Subpart A—Eligibility Requirements— Projects Subpart A—Eligibility Sec. Requirements—Projects 213.1 Eligibility requirements. § 213.1 Eligibility requirements. Subpart B—Contract Rights and The eligibility requirements set forth Obligations—Projects in 24 CFR part 200, subpart A, apply to multifamily project mortgages insured 213.251 Cross-reference. under section 213 of the National Hous- 213.252 Definitions. ing Act (12 U.S.C. 1715e), as amended. 213.253 Premiums upon initial endorsement. 213.254 Premiums where first principal pay- [61 FR 14405, Apr. 1, 1996] ment more than one year after initial en- dorsement. Subpart B—Contract Rights and 213.255 Premiums where first principal pay- Obligations—Projects ment one year or less after initial en- dorsement. § 213.251 Cross-reference. 213.256 Premiums; insurance upon comple- (a) All of the provisions of subpart B, tion. 213.257 Premiums; purchasing cooperatives; part 207 of this chapter covering mort- Existing Construction, supplementary gages insured under section 207 of the loans to purchase existing community fa- National Housing Act, apply with full cility. force and effect to mortgages insured 213.258 Subsequent annual premiums. under section 213 of the National Hous- 213.259 Computation of subsequent annual ing Act, except the following provi- premiums. sions: 213.259a Premiums—mortgages insured pur- Sec. suant to Section 238(c) of the Act. 207.251 Definitions. 213.260 Allowable methods of premium pay- 207.252 First, second, and third premiums. ment. 207.254 Form of endorsement. 213.265 Modifications and consolidations. 213.266 Initial insurance endorsement. (b) For the purposes of this subpart, 213.266a Insurance fund obligations. all references in part 207 of this chapter 213.267 Effect of insurance endorsement. to section 207 of the National Housing 213.268 Final insurance endorsement. Act shall be deemed to refer to section 213.269 Endorsement of supplementary 213 of the Act, and all references in loans. part 207 of this chapter to the General 213.270 Supplementary loans; election of ac- Insurance Fund shall be deemed to tion; claims; debentures. refer to the Cooperative Management 321 VerDate Sep<11>2014 14:25 Jun 01, 2020 Jkt 250083 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Q:\24\24V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 213.252 24 CFR Ch. II (4–1–20 Edition) Housing Insurance Fund in cases in- original mortgage and the instrument volving mortgages which are the obli- securing the operating loss loan. gation of the Cooperative Management (d) Mortgagee means the original Housing Insurance Fund. lender under a mortgage, its successors (c) The provisions of §§ 207.255, 207.256, and such of its assigns as are approved 207.257, 207.261, 207.262 and 207.263 of this by the Commissioner, and includes the chapter shall apply to supplementary holders of the credit instruments loans insured under section 213(j) of the issued under a trust indenture, mort- Act. In connection with the foregoing gage or deed of trust pursuant to which provisions the terms mortgagor, mort- such holders act by and through a gagee, mortgage shall be construed to trustee therein named. mean borrower, lender, and supple- (e) Mortgagor means the original bor- mentary loan, including required security rower under a mortgage and its succes- instrument. sors and such of its assigns as are ap- (d) Where the provisions of this sub- part are applicable to supplementary proved by the Commissioner. loans, the terms mortgagor, mortgagee, (f) Project Mortgage means a blanket mortgage, shall be construed to mean mortgage insured under section 213 of borrower, lender, and supplementary the Act, covering a group of not less loan, including required security instru- than five single-family dwellings. ment. (e) Where the provisons of this sub- § 213.253 Premiums upon initial en- part are applicable to operating loss dorsement. loans, the terms mortgagor, mortgagee (a) Management and Sales Types and and mortgage shall be construed to Investor Sponsored Projects. The mort- mean borrower, lender and operating loss gagee, upon the initial endorsement of loan, including required security instru- the mortgage for insurance, shall pay ment, respectively. to the Commissioner a first mortgage [36 FR 24553, Dec. 22, 1971, as amended at 37 insurance premium equal to one-half of FR 8662, Apr. 29, 1972] one percent of the original face amount of the mortgage. § 213.252 Definitions. (b) Purchasing cooperatives. The provi- The definitions contained in § 213.1 sions of paragraph (a) of this section do shall apply to this subpart and in addi- not apply to the mortgage or a pur- tion the following terms shall have the chasing nonprofit cooperative housing meaning indicated. corporation or trust where such mort- (a) Contract of Insurance means the gage is endorsed for insurance pursuant agreement evidenced by endorsement to the sale of an Investor Sponsored of the credit instrument by the Com- Project to such purchasing nonprofit missioner or his duly authorized rep- cooperative housing corporation or resentative and includes the terms, trust. conditions and provisions of this sub- (c) Existing Construction. The provi- part and of the National Housing Act. sions of paragraph (a) of the section (b) Insured mortgage means a mort- shall apply to a mortgage covering Ex- gage which has been insured by the en- isting Construction which involves in- dorsement of the credit instrument by surance of advances for Commissioner the Commissioner. approved or required repairs, improve- (c) Mortgage means such a first lien ments, alterations and additions. upon real estate and other property as (d) Operating loss loans and supple- is commonly given to secure advances mentary loans. The provisions of para- on, or the unpaid purchase price of, graph (a) of this section shall apply to real estate under the laws of the State, any operating loss loan and to any sup- district or territory in which the real estate is located, together with the plementary loan, except a supple- credit instrument or instruments, if mentary loan to finance the acquisi- any, secured thereby. In any instance tion of an existing community facility. where an operating loss loan is in- volved, the term shall include both the 322 VerDate Sep<11>2014 14:25 Jun 01, 2020 Jkt 250083 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Q:\24\24V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Office of Assistant Secretary for Housing, HUD § 213.255 § 213.254 Premiums where first prin- chasing nonprofit cooperative housing cipal payment more than one year corporation or trust where such mort- after initial endorsement. gage is endorsed for insurance pursuant (a) Management and Sales Types and to the sale of an Investor Sponsored Investor Sponsored Projects. (1) If the Project to such purchasing nonprofit date of the first principal payment is cooperative housing corporation or more than one year following the date trust. of such initial insurance endorsement, (c) Existing Construction. The provi- the mortgagee, upon the anniversary of sions of paragraph (a) of this section such insurance date, shall pay a second shall apply to a mortgage covering Ex- premium equal to one-half of one per- isting Construction which involves in- cent of the original face amount of the surance of advances for Commissioner mortgage. On the date of the first prin- approved or required repairs, improve- cipal payment, the mortgagee shall pay ments, alterations and additions. a third premium equal to one-half of (d) Supplementary loan; insurance of one percent of the average outstanding advances. The provisions of paragraph principal obligation of the mortgage (a) shall apply to any supplementary for the following year which shall be loan involving insurance of advances. adjusted so as to accord with such date and so that the aggregate of the first, § 213.255 Premiums where first prin- second and third premiums shall equal cipal payment one year or less after initial endorsement. the sum of: (i) One percent of the average out- (a) Management and Sales Types and standing principal obligation of the Investor Sponsored Projects. (1) If the mortgage for the year following the date of the first principal payment is date of initial insurance endorsement, one year, or less than one year fol- and lowing the date of such initial insur- (ii) One-half of one percent per ance endorsement, the mortgagee, annum of the average outstanding upon such first principal payment date, principal obligation of the mortgage shall pay a second premium equal to for the period from the first anniver- one-half of one percent of the average sary of the date of initial insurance en- outstanding principal obligation of the dorsement to one year following the mortgage for the following year which date of the first principal payment.