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section_id ▼ title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
24:24:2.1.1.2.16.1.187.1 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.1 Cross-reference. HUD     [61 FR 60161, Nov. 26, 1996, as amended at 64 FR 56111, Oct. 15, 1999] (a) All of the provisions of subpart A of part 203 of this chapter concerning eligibility requirements of mortgages covering one- to four-family dwellings under section 203 of the National Housing Act (12 U.S.C. 1709) apply to mortgages on individually owned units insured under section 234 of the National Housing Act (12 U.S.C. 1715y), except the following provisions: Sec. 203.12 Mortgage insurance on proposed or new construction. 203.14 Builders' warranty. 203.18a Solar energy system. 203.18c One-time or up-front mortgage insurance premium excluded from limitations on maximum mortgage amounts. 203.38 Location of dwelling. 203.42 Rental properties. 203.43c Eligibility of mortgages involving a dwelling unit in a cooperative housing development. 203.43d Eligibility of mortgages in certain communities. 203.43f Eligibility of mortgages covering manufactured homes. 203.43g Eligibility of mortgages in certain communities. 203.43h Eligibility of mortgages on Indian land insured pursuant to section 248 of the National Housing Act. 203.43i Eligibility of mortgages on Hawaiian Home Lands insured pursuant to section 247 of the National Housing Act. 203.43j Eligibility of mortgages on Allegany Reservation of Seneca Nation of Indians. 203.50 Eligibility of rehabilitation loans. Sec. 203.12 Mortgage insurance on proposed or new construction. 203.14 Builders' warranty. 203.18a Solar energy system. 203.18c One-time or up-front mortgage insurance premium excluded from limitations on maximum mortgage amounts. 203.38 Location of dwelling. 203.42 Rental properties. 203.43c Eligibility of mortgages involving a dwelling unit in a cooperative housing development. 203.43d Eligibility of mortgages in certain communities. 203.43f Eligibility of mortgages covering manufactured homes. 203.43g Eligibility of mortgages in certain communities. 203.43h Eligibility of mortgages on Indian land insured pursuant to section 248 of the National Housing Act. 203.43i Eligibility of mortgages on Ha…
24:24:2.1.1.2.16.1.187.2 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.2 Savings clause. HUD     [84 FR 41877, Aug. 15, 2019] HUD's regulations at § 203.43b of this chapter govern approval of real estate consisting of a one-family unit in a multifamily project, and an undivided interest in the common areas and facilities which serve the project, except where the project has a blanket mortgage insured under section 234(d) of the National Housing Act, 12 U.S.C. 1715y(d) (section 234(d)). Where the project has a blanket mortgage insured by HUD under section 234(d), this 24 CFR part 234 applies to the approval of a one-family unit in such project.
24:24:2.1.1.2.16.1.187.3 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.3 Definitions. HUD     [61 FR 60161, Nov. 26, 1996, as amended at 68 FR 6597, Feb. 7, 2003] The terms Act, Beginning of amortization, Commissioner, FHA, Insured Mortgage, Mortgage, Mortgagee, Mortgagor, and State, as used in this part, are defined in § 203.251 of this chapter. The following terms, as used in this part, are defined as follows: Bona fide tenants' organization means an association of tenants formed by the tenants to promote their interests in a particular project, with membership in the association open to each tenant, and all requirements of the association applying equally to every tenant. Common areas and facilities means those areas of the project and of the property upon which it is located that are for the use and enjoyment of the owners of family units located in the project. The areas may include the land, roofs, main walls, elevators, staircases, lobbies, halls, parking space and community and commercial facilities. Conversion means the date on which all documents necessary to create a condominium under state law (and under local law, where applicable) have been recorded, except that in the case of the Commonwealth of Puerto Rico, conversion is defined as the date on which the legal documents (which must be in compliance with applicable law) to create a condominium are presented for inscription ( i.e., recordation) to the Commonwealth Office of the Property Registry. Family unit means a one-family unit including the undivided interest in the common areas and facilities, and such restricted common areas and facilities as may be designated. Project means a structure or structures containing four or more family units. Project mortgage means a mortgage which is or has been insured under any of the FHA multifamily housing programs, other than sections 213(a)(1) and 213(a)(2) of the Act (12 U.S.C. 1715e). Restricted common areas and facilities means those areas and facilities restricted to a particular family unit or number of family units. Tenant means the occupant(s) named in the lease or rental agreement of a housing unit in a project as of the date the condomi…
24:24:2.1.1.2.16.1.187.4 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.17 Mortgagor and mortgagee requirements for maintaining flood insurance coverage. HUD       The maintenance of flood insurance coverage on the project by the condominium association will satisfy the requirements of § 203.16a of this chapter if such coverage protects the interest of the mortgagor in the family unit. For this purpose, “the interest of the mortgagor” is defined as insurance coverage equal to the replacement cost of the project less land costs.
24:24:2.1.1.2.16.1.187.5 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.26 Project requirements. HUD     [61 FR 60161, Nov. 26, 1996, as amended at 72 FR 16689, Apr. 4, 2007] No mortgage shall be eligible for insurance unless the following requirements are met: (a) Location of family unit. The family unit shall be located in a project that the Commissioner determines to be acceptable. (b) Plan of condominium ownership. The project in which the unit is located shall have been committed to a plan of condominium ownership by a deed, or other recorded instrument, that is acceptable to the Commissioner. In the case of condominium documents in the Commonwealth of Puerto Rico, the Commissioner will accept documents presented for inscription (recordation) to the Commonwealth Office of the Property Registry so long as the mortgagor obtains a title insurance policy that reflects the condominium regime. (c) Releases. The family unit shall have been released from any mortgage covering the project or any part of the project. (d) Certificate by mortgagee. The mortgagee shall certify that: (1) The deed of the family unit and the deed or other recorded instrument committing the project to a plan of condominium ownership must comply with legal requirements of the jurisdiction. In the case of condominium documents in the Commonwealth of Puerto Rico, the Department will accept documents presented for inscription (recordation) to the Commonwealth Office of Property Registry for certification purposes so long as the mortgagor obtains a title insurance policy that reflects the condominium regime. (2) The mortgagor has good marketable title to the family unit, subject only to a mortgage that is a valid first lien on the family unit. (3) The family unit is assessed and subject to assessment for taxes pertaining only to that unit. (e) Conditions and provisions. (1) The Commissioner may require such conditions and provisions as the Commissioner determines are necessary for the protection of consumers and the public interest. (2) An application for mortgage insurance of a unit will not be approved if approval would result in less than 80 percent of the FHA-insured mortgages covering units in …
24:24:2.1.1.2.16.1.187.6 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.54 Eligibility of assigned mortgages and mortgages covering acquired property. HUD       The Commissioner may insure under this part, without regard to any limitation upon eligibility contained in this subpart (except that the property must be located in a condominium project approved under § 234.26), any mortgage assigned to the Commissioner in connection with payment under a contract of mortgage insurance, or executed in connection with a sale by the Commissioner of any property acquired in the settlement of an insurance claim under any section or title of the Act.
24:24:2.1.1.2.16.1.187.7 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.63 Location of property. HUD       The mortgage, to be eligible for insurance, shall be on property located in a State, as defined in § 203.251 of this chapter, and not located on “Hawaiian home lands,” as that term is defined in section 247(d)(2) of the Act.
24:24:2.1.1.2.16.1.187.8 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.65 Nature of title. HUD       A mortgage, to be eligible for insurance, shall be on a fee interest in, or on a leasehold interest in, a one-family unit in a project including an undivided interest in the common areas and facilities, and such restricted common areas and facilities as may be designated. To be eligible, a leasehold interest shall be under a lease for not less than 99 years which is renewable, or under a lease having a period of not less than 10 years to run beyond the maturity date of the mortgage.
24:24:2.1.1.2.16.1.187.9 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE A Subpart A—Eligibility Requirements—Individually Owned Units   § 234.66 Free assumability; exceptions. HUD       For purposes of HUD's policy of free assumability with no restrictions, as provided in § 203.41 of this chapter, the definition of Legal restrictions on conveyance in § 203.41(a)(3) of this chapter does not include rights of first refusal held by a condominium association for a project approved by the Secretary under this subpart prior to September 10, 1993.
24:24:2.1.1.2.16.2.187.1 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.251 Definitions. HUD     [61 FR 60163, Nov. 26, 1996] The definitions in § 203.251 of this chapter apply to this subpart.
24:24:2.1.1.2.16.2.187.10 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.274 Certificate of tax assessment. HUD       The mortgagee shall certify, as of the date of filing for record of the deed or assignment of the mortgage to the Commissioner, that the family unit is assessed and subject to assessment for taxes pertaining only to that unit.
24:24:2.1.1.2.16.2.187.11 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.275 Certificate or statement of condition. HUD     [42 FR 29305, June 8, 1977] The mortgagee shall either certify that as of the date of the filing of deed for record, or assignment of the mortgage to the Secretary, the property was (a) undamaged by fire, flood, earthquake, tornado or boiler explosion, and (b) as to mortgages insured or for which commitments to insure are issued on or after June 8, 1977, undamaged due to failure of the mortgagee to take action as required by § 203.377, or its claim shall be accompanied by a statement describing any such damage that may still exist together with a copy of the Secretary's authorization to convey the property in damaged condition. In the absence of evidence to the contrary, the mortgagee's certificate or its statement as to damage shall be accepted by the Secretary as establishing the condition of the family unit and the common areas and facilities designated for the particular unit.
24:24:2.1.1.2.16.2.187.12 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.280 Cancellation of hazard insurance. HUD       The provisions of § 203.382 incorporated by reference shall apply to hazard insurance policies carried solely for the family unit.
24:24:2.1.1.2.16.2.187.13 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.285 Waived title objections. HUD     [36 FR 24628, Dec. 22, 1971, as amended at 42 FR 29305, June 8, 1977] The Commissioner shall not object to title by reason of the following matters: (a) Violations of a restriction based on race, color or creed, even where such restriction provides for a penalty of reversion or forfeiture of title or a lien for liquidated damage. (b) Easements for public utilities along one or more of the property lines, provided the exercise of the rights thereunder do not interfere with any of the buildings or improvements located on the subject property. (c) Encroachment on the subject property by improvements on adjoining property, provided such encroachments do not interfere with the use of any improvements on the subject property. (d) Variations between the length of the subject property lines as shown on the application for insurance and as shown by the record or possession lines, provided such variations do not interfere with the use of any of the improvements on the subject property. (e) Customary building or use restrictions for breach of which there is no reversion and which have not been violated to a material extent. (f) Federal tax liens and rights of redemption arising therefrom if the following conditions are observed. If the mortgagee acquires the property by foreclosure the mortgagee shall give notice to the Internal Revenue Service (IRS) of the foreclosure action. The Commissioner will not object to an outstanding right of redemption in IRS if: (1) The Federal tax lien was perfected subsequent to the date of the mortgage lien, and (2) the mortgagee has bid an amount sufficient to make the mortgagee whole if the property is in fact redeemed by the IRS.
24:24:2.1.1.2.16.2.187.2 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.255 Cross-reference. HUD     [36 FR 24628, Dec. 22, 1971, as amended at 41 FR 42949, Sept. 29, 1976; 42 FR 29305, June 8, 1977; 48 FR 28807, June 23, 1983; 55 FR 34814, Aug. 24, 1990] (a) Provisions. All of the provisions of §§ 203.251 through 203.436 of this chapter (part 203, subpart B) covering mortgages insured under section 203 of the National Housing Act shall apply to mortgages insured under section 234(c) of the National Housing Act except the following provisions: Sec. 203.258 Substitute mortgagors. 203.259a Scope. 203.280 One-time MIP. 203.281 Calculation of one-time MIP. 203.282 Mortgagee's late charge and interest. 203.283 Refund of one-time MIP. 203.357 Deed in lieu of foreclosure. 203.378 Property condition. 203.379 Adjustment for damage or neglect. 203.380 Certificate of property condition. 203.389 Waived title objections. 203.420 Nature of Mutual Mortgage Insurance Fund. 203.421 Allocation of Mutual Mortgage Insurance Fund income or loss. 203.422 Right and liability under Mutual Mortgage Insurance Fund. 203.423 Distribution of distributive shares. 203.424 Maximum amount of distributive shares. 203.425 Finality of determination. 203.440 et seq. Insured home improvement loans. Sec. 203.258 Substitute mortgagors. 203.259a Scope. 203.280 One-time MIP. 203.281 Calculation of one-time MIP. 203.282 Mortgagee's late charge and interest. 203.283 Refund of one-time MIP. 203.357 Deed in lieu of foreclosure. 203.378 Property condition. 203.379 Adjustment for damage or neglect. 203.380 Certificate of property condition. 203.389 Waived title objections. 203.420 Nature of Mutual Mortgage Insurance Fund. 203.421 Allocation of Mutual Mortgage Insurance Fund income or loss. 203.422 Right and liability under Mutual Mortgage Insurance Fund. 203.423 Distribution of distributive shares. 203.424 Maximum amount of distributive shares. 203.425 Finality of determination. 203.440 et seq. Insured home improvement loans. (b) References. For the purposes of this subpart, all references in §§ 203.251 through 203.436 of this chapter (part 203, subpart B) to section 203 of the Act, one- to four-family, and the Mutual …
24:24:2.1.1.2.16.2.187.3 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.256 Substitute mortgagors. HUD     [55 FR 34814, Aug. 24, 1990, as amended at 57 FR 38352, Dec. 9, 1992; 61 FR 60163, Nov. 26, 1996] (a) Selling mortgagor. The requirements for the selling mortgagor are set forth in § 203.258(a) of this chapter. (b) Purchasing mortgagor. (1) If the dwelling is a principal or secondary place of residence, the requirements for the purchasing mortgagor are set forth in § 203.258(b)(1) of this chapter. (2) [Reserved] (c) Applicability—current mortgagor. Paragraph (b) of this section applies to the Commissioner's approval of a substitute mortgagor only if the mortgage executed by the original mortgagor met the conditions of § 203.258(c) of this chapter. (d) Applicability—earlier mortgagor. The occupancy and similar requirements set forth in § 203.258(d) of this chapter apply to mortgages insured under subpart A of this part. (e) Direct endorsement. Requirements for the direct endorsement program are set forth in § 203.258(f) of this chapter. (f) Substitute mortgagor is defined in § 203.258(f) of this chapter.
24:24:2.1.1.2.16.2.187.4 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.259 Claim procedure—graduated payment mortgages. HUD     [61 FR 60163, Nov. 26, 1996] Section 203.436 of this chapter applies to mortgages under this subpart.
24:24:2.1.1.2.16.2.187.5 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.260 Assignment of mortgage and certificate by mortgagee. HUD     [36 FR 24628, Dec. 21, 1971, as amended at 42 FR 29305, June 8, 1977] In addition to the requirements of §§ 203.350 through 203.353 incorporated by reference, the mortgagee shall certify as to any changes in the plan of apartment ownership including the administration of the property. Any changes shall require FHA approval.
24:24:2.1.1.2.16.2.187.6 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.262 Exception to deed in lieu of foreclosure. HUD       All of the provisions of § 203.357 of this chapter relating to acceptance of a deed in lieu of foreclosure shall apply to mortgages insured under this part only if the mortgagee establishes to the satisfaction of the Commissioner that there are no unpaid assessments owed the Association or Cooperative of Owners.
24:24:2.1.1.2.16.2.187.7 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.265 Contents of deed and supporting documents. HUD       In addition to the requirements of § 203.367, incorporated by reference, the deed shall comply with the plan of apartment ownership. Any changes therein, including the administration of the property, shall require FHA approval.
24:24:2.1.1.2.16.2.187.8 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.270 Condition of the multifamily structure. HUD     [36 FR 24628, Dec. 22, 1971, as amended at 42 FR 29305, June 8, 1977] (a) When a family unit is conveyed or a mortgage is assigned to the Commissioner, the family unit and the common areas and facilities designated for the particular unit shall be undamaged by fire, flood, earthquake, tornado, or boiler explosion, or, as to mortgages insured on or after January 1, 1977, due to failure of the mortgagee to take action as required by § 203.377. If the property has been damaged, either of the following actions shall be taken: (1) The property may be repaired prior to its conveyance or prior to the assignment of the mortgage to the Commissioner. (2) If the prior approval of the Commissioner is obtained, the damaged property may be conveyed or the mortgage assigned to the Secretary without repairing the damage. In such instances, the Commissioner shall deduct from the insurance benefits either his estimate of the decrease in value of the family unit or the amount of any insurance recovery received by the mortgagee, whichever is the greater. (b) If the property has been damaged by fire and such property was not covered by fire insurance at the time of the damage, the mortgagee may convey the property or assign the mortgage to the Commissioner without deduction from the insurance benefits for any loss occasioned by such fire if the following conditions are met: (1) The property shall have been covered by fire insurance at the time the mortgage was insured. (2) The fire insurance shall have been later cancelled or renewal shall have been refused by the insuring company. (3) The mortgagee shall have notified the Commissioner within 30 days (or within such further time as the Commissioner may approve) of the cancellation of the fire insurance or of the refusal of the insuring company to renew the fire insurance. This notification shall have been accompanied by a certification of the mortgagee that diligent efforts were made, but it was unable to obtain fire insurance coverage at reasonably competitive rates and that it will continue its efforts to obtain adequate fire insurance coverage…
24:24:2.1.1.2.16.2.187.9 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE B Subpart B—Contract Rights and Obligations—Individually Owned Units   § 234.273 Assessment of taxes. HUD       When a family unit is conveyed to the Commissioner or a mortgage is assigned to the Commissioner, the unit shall be assessed and subject to assessment for taxes pertaining only to that unit.
24:24:2.1.1.2.16.3.187.1 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE C Subpart C—Eligibility Requirements—Projects—Conversion Individual Sales Units   § 234.501 Eligibility requirements. HUD     [61 FR 14406, Apr. 1, 1996] The requirements set forth in 24 CFR part 200, subpart A, apply to blanket mortgages on condominium projects insured under section 234 of the National Housing Act (12 U.S.C. 1715y), as amended.
24:24:2.1.1.2.16.4.187.1 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE D Subpart D—Contract Rights and Obligations—Projects   § 234.751 Cross-reference. HUD     [36 FR 24628, Dec. 22, 1971, as amended at 50 FR 38787, Sept. 25, 1985] (a) All of the provisions, except § 207.258(b) of subpart B of this chapter, covering mortgages insured under section 207 of the National Housing Act shall apply to mortgages insured under section 234(d) of such Act. (b) For the purposes of this subpart, all references in part 207 of this chapter to section 207 of the National Housing Act shall be construed to refer to section 234(d) of the act.
24:24:2.1.1.2.16.5.187.1 24 Housing and Urban Development II B 234 PART 234—CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE E Subpart E—Servicing Responsibilities—Individually Owned Units   § 234.800 Cross-reference. HUD     [42 FR 29306, June 8, 1977] All of the provisions of subpart C, part 203 of this chapter covering mortgages insured under section 203 of the National Housing Act apply to mortgages insured under section 234(c) of the National Housing Act.

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);
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