§ 1715n.
(a)
Projects covered
Notwithstanding any of the provisions of this chapter and without regard to limitations upon eligibility contained in any section or subchapter of this chapter, other than the limitation in
section 1709(g) of this title, the Secretary is authorized, upon application by the mortgagee, to insure or make commitments to insure under any section or subchapter of this chapter any mortgage—
(1)
executed in connection with the sale by the Government, or any agency or official thereof, of any housing acquired or constructed under Public Law 849, Seventy-sixth Congress, as amended; Public Law 781, Seventy-sixth Congress, as amended; or Public Laws 9, 73, or 353, Seventy-seventh Congress, as amended (including any property acquired, held, or constructed in connection with such housing or to serve the inhabitants thereof); or
(2)
executed in connection with the sale by the Secretary of Housing and Urban Development, or by any public housing agency with the approval of the Secretary, of any housing (including any property acquired, held, or constructed in connection with such housing or to serve the inhabitants thereof) owned or financially assisted pursuant to the provisions of Public Law 671, Seventy-sixth Congress; or
(3)
executed in connection with the sale by the Government, or any agency or official thereof, of any of the so-called Greenbelt towns, or parts thereof, including projects, or parts thereof, known as Greenhills, Ohio; Greenbelt, Maryland; and Greendale, Wisconsin, developed under the Emergency Relief Appropriation Act of 1935, or of any of the village properties or employee’s housing under the jurisdiction of Tennessee Valley Authority, or of any housing under the jurisdiction of the Department of the Interior located within the town area of Coulee Dam, Washington, acquired by the United States for the construction, operation, and maintenance of Grand Coulee Dam and its appurtenant works:
Provided, That for the purpose of the application of this subchapter to sales by the Secretary of the Interior pursuant to subsections 3(b)(1) and 3(b)(2) of the Coulee Dam Community Act of 1957, the selling price of the property involved shall be deemed to be the appraised value, of any permanent housing under the jurisdiction of the Department of the Interior constructed under the Boulder Canyon Project Act of
December 21, 1928, as amended and supplemented [
43 U.S.C. 617 et seq.] located within the Boulder City municipal area:
Provided, That for purposes of the application of this subchapter to sales by the Secretary of the Interior pursuant to subsections 3(b)(1) and 3(b)(2) of the Boulder City Act of 1958, the selling price of the property involved shall be deemed to be the appraised value; or
(4)
executed in connection with the sale by the Government, or any agency or official thereof, of any housing (including any property acquired, held, or constructed in connection therewith or to serve the inhabitants thereof) pursuant to the Atomic Energy Community Act of 1955, as amended [
42 U.S.C. 2301 et seq.]:
Provided, That such insurance shall be issued without regard to any preferences or priorities except those prescribed by this chapter or the Atomic Energy Community Act of 1955, as amended; or
(5)
executed in connection with the sale by a State or municipality, or an agency, instrumentality, or political subdivision of either, of a project consisting of any permanent housing (including any property acquired, held, or constructed in connection therewith or to serve the inhabitants thereof), constructed by or on behalf of such State, municipality, agency, instrumentality, or political subdivision, for the occupancy of veterans of World War II, or Korean veterans, their families, and others; or
(6)
executed in connection with the first resale, within two years from the date of its acquisition from the Government, of any portion of a project or property of the character described in paragraphs (1), (2), (3), and (4) above; or
(7)
given to refinance an existing mortgage insured under this chapter, or an existing mortgage held by the Secretary that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (
42 U.S.C. 1437f note), provided that—
(A)
the principal amount of any such refinancing mortgage shall not exceed the original principal amount or the unexpired term of such existing mortgage and shall bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee, except that (i) the principal amount of any such refinancing mortgage may equal the outstanding balance of an existing mortgage insured pursuant to section 1715z–10
1
See References in Text note below.
of this title, if the amount of the monthly payment due under the refinancing mortgage is less than that due under the existing mortgage for the month in which the refinancing mortgage is executed; (ii) a mortgagee may not require a minimum principal amount to be outstanding on the loan secured by the existing mortgage; (iii) in any case involving the refinancing of a loan in which the Secretary determines that the insurance of a mortgage for an additional term will inure to the benefit of the applicable insurance fund, taking into consideration the outstanding insurance liability under the existing insured mortgage, such refinancing mortgage may have a term not more than twelve years in excess of the unexpired term of such existing insured mortgage; and (iv) any multifamily mortgage that is refinanced under this paragraph shall be documented through amendments to the existing insurance contract and shall not be structured through the provisions of a new insurance contract; and
(B)
a mortgage of the character described in paragraphs (1) through (6) of this subsection shall have a maturity and a principal obligation not in excess of the maximums prescribed under the applicable section or subchapter of this chapter, except that in no case may the principal obligation of a mortgage referred to in paragraph (5) of this subsection exceed 90 per centum of the appraised value of the mortgaged property, and shall bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee;
(C)
a mortgage that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (
42 U.S.C. 1437f note) and is refinanced under this paragraph may have a term of not more than 30 years; or
(8)
executed in connection with the sale by the Government of any housing acquired pursuant to
section 3374 of title 42.
([June 27, 1934, ch. 847], title II, § 223, as added [Aug. 2, 1954, ch. 649], title I, § 125, [68 Stat. 605]; amended [Aug. 4, 1955, ch. 543], ch. 11, § 201, [69 Stat. 484]; [Aug. 11, 1955, ch. 783], title I, § 102(k), [69 Stat. 636]; [Pub. L. 85–104, title I, § 114], July 12, 1957, [71 Stat. 298]; [Pub. L. 85–240, § 4], Aug. 30, 1957, [71 Stat. 528]; [Pub. L. 85–900, § 12], Sept. 2, 1958, [72 Stat. 1735]; [Pub. L. 87–70, title I, § 101(d)], title VI, § 612(h), June 30, 1961, [75 Stat. 154], 182; [Pub. L. 88–560, title I, § 116], Sept. 2, 1964, [78 Stat. 779]; [Pub. L. 89–117, title I, § 108(e)], title II, § 213, Aug. 10, 1965, [79 Stat. 461], 471; [Pub. L. 89–754, title X, § 1013(h)], Nov. 3, 1966, [80 Stat. 1292]; [Pub. L. 90–19, § 1(a)(3)], (h), May 25, 1967, [81 Stat. 17], 18; [Pub. L. 90–448, title I, § 103(a)], title III, § 312, Aug. 1, 1968, [82 Stat. 486], 510; [Pub. L. 91–152, title IV, § 418(c)], (d), Dec. 24, 1969, [83 Stat. 402]; [Pub. L. 93–383, title III, § 311(a)], Aug. 22, 1974, [88 Stat. 683]; [Pub. L. 95–557, title III, § 326], Oct. 31, 1978, [92 Stat. 2104]; [Pub. L. 96–399, title III, § 327], Oct. 8, 1980, [94 Stat. 1650]; [Pub. L. 97–35, title III, § 339B(b)], Aug. 13, 1981, [95 Stat. 417]; [Pub. L. 98–181, title I] [title III, § 303(b)], Nov. 30, 1983, [97 Stat. 1207]; [Pub. L. 98–479, title II, § 204(a)(7)], Oct. 17, 1984, [98 Stat. 2232]; [Pub. L. 100–242, title IV], §§ 406(b)(15), (16), 408(a), 409(a), (b), 419(b), 427, 429(d), Feb. 5, 1988, [101 Stat. 1901], 1903, 1913, 1916, 1918; [Pub. L. 102–550, title V], §§ 510, 511(f), Oct. 28, 1992, [106 Stat. 3784], 3786; [Pub. L. 103–327, title II], Sept. 28, 1994, [108 Stat. 2316]; [Pub. L. 105–276, title VI, § 601(e)], Oct. 21, 1998, [112 Stat. 2674]; [Pub. L. 107–116, title VI, § 615], Jan. 10, 2002, [115 Stat. 2225]; [Pub. L. 109–115, div. A, title III, § 323], Nov. 30, 2005, [119 Stat. 2466].)