Lapas attēli
PDF
ePub

contracts of sale, deeds or any other documents or instruments necessary in connection with the sale of properties or with conveyance of title of such properties.

(4) This committee shall meet at the call of the Chairman and shall maintain minutes of each meeting. Such minutes shall be dated, consecutively numbered and shall be signed by each member who attended the meeting. The original of such minutes shall be retained by the Assistant Commissioner-Comptroller, in the official FHA records.

126 F.R. 7388, Aug. 12, 1961, as amended at 32 FR. 3095, Feb. 21, 1967]

$ 200.89 Substantial Compliance Com

mittee.

(a) Members. (1) The Substantial Compliance Committee is comprised of the following members: Assistant Commissioner for Property Improvement, Chairman; Assistant CommissionerComptroller; Assistant Commissioner for Administration; Assistant Commissioner for Programs; and the General Counsel, or their designees.

(2) Three members shall constitute a quorum.

(b) Functions. The functions of the Substantial Compliance Committee are to waive compliance with regulations heretofore or hereafter prescribed with respect to the interest and maturity of, and the terms, conditions, and restrictions under which loans, advances of credit and purchases may be insured under section 2 of Title I of the National Housing Act if, in the judgment of the committee, the enforcement of such regulations would impose an injustice upon an insured institution which has substantially complied with such regulations in good faith and has refunded or credited any excess charge made, and if such waiver does not involve an increase of the obligation which would have been involved if the regulations had been fully complied with.

(c) Minutes. This committee shall meet at the call of the Chairman and shall maintain minutes of each meeting. Such minutes shall be dated, consecutively numbered and shall be signed by each member who attended the meeting. The original of such minutes shall be retained by the Assistant CommissionerComptroller, in the official FHA records. [26 F.R. 7388, Aug. 12, 1961, as amended at 29 F.R. 3109, Mar. 6, 1964]

§ 200.90 Finance Committee.

(a) Members. The Finance Committee is comprised of the following members: Director, Research and Statistics Division, Chairman; Assistant Commissioner-Comptroller, and the Associate General Counsel.

(b) Functions. The functions of the Finance Committee are;

(1) [Reserved]

(2) To make recommendations to the Commissioner from time to time with respect to (i) the liquidation of investments held in the name of the Commissioner and (ii) redemption of debentures.

(3) To make recommendations to the Commissioner with respect to the distribution between the General Surplus Account and the Participating Reserve Account of the net income received or net loss sustained by the Mutual Mortgage Insurance Fund in any semiannual period.

(4) To make recommendations to the Commissioner for the establishment of annual valuation reserves on assets acquired pursuant to the terms of insurance contracts under the various insurance funds.

(5) To advise with and make recommendations to the Commissioner with respect to other matters referred to the Committee by the Commissioner.

(c) Minutes. The Finance Committee shall meet at the call of the Chairman and shall maintain minutes of each meeting. The minutes shall be dated, consecutively numbered and shall be signed by each member who attended the meeting. The original of the minutes shall be retained by the Assistant Commissioner-Comptroller, in the official FHA records.

[26 F.R. 7388, Aug. 12, 1961, as amended at 29 F.R. 15365, Nov. 17, 1964]

§ 200.91 Operations Analysis Policy

Committee.

(a) Members. The Operations Analysis Policy Committee is comprised of the following members: Deputy Commissioner, Chairman; Executive Assistant Commissioner; Assistant Commissioner for Field Operations; Assistant Commissioner for Programs; and Assistant Commissioner for Administration.

(b) Functions. The functions of the Operations Analysis Policy Committee are to guide, develop, and coordinate concerted analysis of agency operations, methods, standards, criteria, policies,

and operating results and to develop basic improvements and make recommendations for modifications in procedure, concept, and, as appropriate, policy.

[29 F.R. 12070, Aug. 25, 1964, as amended at 32 F.R. 3095, Feb. 21, 1967]

§ 200.92 Structural Defects Committee.

(a) Members. The structural Defects Committee is composed of the following members: Assistant Commissioner for Home Mortgages, chairman; the General Counsel; the Assistant CommissionerComptroller; and the Assistant Commissioner for Technical Standards, or their designees.

(b) Functions. The functions of the Structural Defects Committee are to take appropriate action in exceptionally difficult or questionable cases relating to expenditures to correct or compensate for structural defects in houses financed with insured mortgages. Action on any case may be taken by the committee on its own initiative or on the basis of recommendations and findings of a Field Office Director.

[29 F.R. 12627, Sept. 5, 1964; 29 F.R. 13320, Sept. 25, 1964]

§ 200.93 Multifamily Participation Review Committee.

(a) Members. The Multifamily Participation Review Committee shall consist of the following officials or their deputies: General Counsel, Chairman; Assistant Commissioner for Field Operations; Assisitant Commissioner for Technical Standards; Assistant Commissioner for Multifamily Housing; Director, Audit Division; and Director, Compliance Coordination.

(b) Functions. The functions of the Multifamily Participation Review Committee are to review information provided by FHA Form No. 2530, Previous Multifamily Participation Certificate, and to make recommendations to the Commissioner or his designee as to the acceptability of new multifamily proposals, taking into consideration all past FHA and HUD experience with the principals.

[33 F.R. 16636, Nov. 15, 1968]

MISCELLANEOUS DELEGATIONS

§ 200.95 Field Office Chiefs of Operations and Assistants to the Directors. To the position of Field Office Chief of Operations, and to each of them, and to the position of Field Office Assistant to

the Director, and to each of them, there is delegated the following duties and functions:

(a) To execute regulatory agreements and to issue eligibility statements and commitments for insurance and to execute insurance contracts pursuant to such commitments, including mortgage insurance certificates.

(b) To approve a change in amount, a change in term, extension of the date of commencement of construction, extension of the expiration date, or any other modification in the commitment for insurance or insurance contract.

(c) To approve permissible refunds of processing fees.

(d) To consent to the release of mortgagors.

(e) To consent to the release of portions of mortgaged property from the lien of the mortgage.

(f) To approve or disapprove for mortgage insurance advances of mortgage money during construction and execute such instruments as may be necessary in connection therewith.

(g) To approve or disapprove "Change Orders" during construction. (h) To direct field office physical inspections of properties covered by insured project mortgagees, examination of operating reports and mortgagee annual inspection reports, and to institute corrective action to cure deficiencies disclosed by such inspections and reports.

(i) To approve or disapprove requests from mortgagors for permission:

(1) To furnish rental units.

(2) To provide tenants with equipment or servies not contemplated in the original processing of the application for mortgage insurance or, in the case of a Commissioner-held purchase money mortgage, not contemplated at the time of sale.

(3) To alter, modify, or add to the physical structure.

(4) To withdraw funds from replacement reserves for replacement of items originally scheduled.

(j) To approve or disapprove rent increases and seasonal rental charges in rental projects covered by insured or Commissioner-held mortgages and to investigate and determine action to be taken on tie-in charges for apartment, garage, furniture, and equipment rentals.

(k) To approve or disapprove the plan of management of cooperative mortgagors under an insured mortgage.

(1) In connection with cooperative projects covered by insured mortgages, to determine the adequacy of carrying charges and approve or disapprove such charges.

(m) To exercise the authority of the Commissioner, where required, in granting prior credit approval under the provisions of Title I of the National Housing Act and regulations thereunder.

(n) To approve or disapprove requests of a mortgagee to obtain title by deed in lieu of foreclosure to property covered by an insured home mortgage.

(0) To approve or disapprove requests of mortgagees for extension of the regulatory period for commencement of foreclosure, the regulatory period for election to assign the mortgage to the Commissioner and the regulatory period within which to tender properties to the Commissioner.

(p) To approve or disapprove plans to reinstate defaulted Commissionerheld mortgages and to initiate action to cure defaults of Commissioner-held and insured mortgages.

(q) In connection with the new home loan provisions of the regulations issued pursuant to Title I of the National Housing Act, to approve the sale by insured institutions of acquired property where the insured institution exercises its option to sell the property in the open market in lieu of conveyance to the Commissioner.

(r) To assess late charges against delinquent mortgagors under Commissioner-held home mortgages.

(s) To determine and initiate action to acquire properties under defaulted Commissioner-held home mortgages by foreclosure.

(t) To direct the affairs of mortgagor corporations when control has been assumed by the Federal Housing Commissioner as preferred stockholder.

(u) In connection with the sale, rental, maintenance, or management of acquired properties or properties of the United States over which FHA has been granted custody or possession by another agency or agencies of the United States or properties held as mortgagee in possession, to execute contracts for supplies and services and to issue orders for the publication of notices and advertisements in newspapers, magazines, and periodicals, all in accordance with the provisions of the FHA manual.

(v) To approve offers to rent or purchase individually acquired 1- to 4-family

units and to execute contracts for the sale of any properties and projects owned by the Federal Housing Commissioner or over which FHA has been granted custody or possession by another agency or agencies of the United States upon approval of any such sale by competent authority.

(w) In connection with the sale of Commissioner-owned properties or projects or properties of the United States over which FHA has been granted custody or possession by another agency or agencies of the United States, to convey and to execute in the name of the Commissioner, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore or hereafter acquired by the Commissioner pursuant to the provisions of the National Housing Act or pursuant to an agreement with another agency agencies of the United States, and to consent to the assignment of the interest of the contract purchaser under a contract for deed and to the substitution of mortgagor under a mortgage held by or entrusted to the Commissioner.

or

(x) To execute applications and other documents in connection with any function which the Federal Housing Administration may perform for any other agency or agencies of the United States.

(y) To endorse loss drafts and checks for settlement of claims for insurance losses on insured mortgages and Commissioner-held mortgages, both home and multifamily.

(z) To make findings and recommendations and take appropriate action in cases relating to the correction of structural defects in houses financed with insured mortgages.

(aa) To certify the eligibility of individual tenants for rent supplement payments, to execute contracts for rent supplement payments, to approve a change in amount, a change in terms, or any other modification in the contracts for rent supplement payments.

(bb) To make the high cost determinations for the Federal National Mortgage Association prescribed in section 305(g) of the National Housing Act.

[26 F.R. 7388, Aug. 12, 1961, as amended at 27 F.R. 4961, May 26, 1962; 29 F.R. 2699, Feb. 26, 1964; 29 F.R. 12627, Sept. 5, 1964; 31 F.R. 7565, May 26, 1966; 31 F.R. 12792, Sept. 30, 1966; 33 F.R. 9775, July 6, 1968]

§ 200.96 Field Office Directors, Deputy Directors and Assistant Directors; and Director, Multifamily Housing Insuring Office (New York).

To the position of Field Office Director, and to each of them; and to the position of Deputy Field Office Director, and to each of them; and to the position of Assistant Field Office Director, and to each of them; and with respect to insurance and servicing of multifamily housing project mortgages to the position of Director, Multifamily Housing Insuring Office (New York), there is delegated the following duties and functions:

(a) The duties and functions as set forth in § 200.95.

(b) To act for the Commissioner in determining applicable mortgage limits for communities in the insuring office jurisdiction for all mortgage insurance programs for which the Commissioner is authorized to increase basic mortgage limits provided by law where cost levels so require, except mortgage insurance for mobile home courts under section 207 of the National Housing Act. [33 F.R. 10317, July 19, 1968]

§ 200.97 Assistant Commissioner

for

Field Operations and Deputy; Assistant Commissioner for Home Mortgages and Deputy; Regional Operations Commissioners and Deputies; Assistant Commissioner for Property Improvement and Deputy; and the Assistant Commissioner for Multifamily Housing and Deputy and Division Directors under their supervision.

To the positions of Assistant Commissioner for Field Operations and his Deputy; Regional Operations Commissioner, and to each of them; and Deputy Regional Operations Commissioner, and to each of them; and as they apply to home mortgage insurance operations to the positions of Assistant Commissioner for Home Mortgages and his Deputy; and as they apply to property improvement loans under section 2 of title I of the National Housing Act to the positions of Assistant Commissioner for Property Improvement and his Deputy; and as they apply to multifamily housing mortgages to the positions of Assistant Commissioner for Multifamily Housing and his Deputy, and as they apply to multifamily housing project mortgage servicing to the positions of Director, Project Mortgage Servicing Division, and his Deputy and to the positions of branch chief and

to each of them under their supervision, and as they apply to project mortgage insurance initiation to the positions of Director, Project Mortgage Insurance Division, and his Deputy and to the poIsitions of branch chief and to each of them under their supervision, there is delegated the following duties and functions:

(a) To exercise the authority of the Commissioner under the Administrative Regulations pursuant to any section or title of the National Housing Act in any instance requiring the approval of the Commissioner.

(b) (1) To approve the insurance of mortgages taken as security in connection with the sale of properties conveyed to the Federal Housing Commissioner.

(2) To the positions in this section there are delegated the duties and functions as set forth in § 200.95.

[26 F.R. 7389, Aug. 12, 1961, as amended at 28 F.R. 9986, Sept. 14, 1963; 32 F.R. 9540, July 1, 1967]

$ 200.98

Chief Underwriter and Deputy, Chief Mortgage Credit Examiner and Deputy, Chief Appraiser and Deputy, Commitment Appraiser, and Commitment Mortgage Credit Examiner. To the positions of Chief Underwriter, Deputy Chief Underwriter, Chief Mortgage Credit Examiner, Deputy Chief Mortgage Credit Examiner, Chief Appraiser, Deputy Chief Appraiser, and to each of them, and with respect to the issuance of commitments to the positions of Commitment Appraiser and Commitment Mortgage Credit Examiner, and to each of them, there is delegated the following duties and functions:

(a) To issue commitments for insurance under any home mortgage insurance program and to approve modifications of such commitments for insurance.

(b) To make the high cost determinations for the Federal National Mortgage Association prescribed in section 305 (g) of the National Housing Act.

[30 F.R. 6116, Apr. 30, 1965, as amended at 31, F.R. 12792, Sept. 30, 1966; 33 F.R. 7490, May 21, 1968]

§ 200.99 Real Property Officer.

To the position of Real Property Officer and to each of them there is delegated the duties and functions as set forth in paragraphs (v) and (w) of § 200.95. [28 F.R. 2496, Mar. 14, 1963]

[blocks in formation]

To the position of Closing Clerk and to each of them there is delegated the duty and function to execute in the name of the Commissioner, as authorized agent, mortgage insurance certificates under any home mortgage program and any other documents requiring the signature of the authorized agent incident to completion of the closing of the mortgage insurance transaction.

[29 F.R. 12070, Aug. 25, 1964]

§ 200.101 Assistant Commissioner for Property Disposition.

To the position of Assistant Commissioner for Property Disposition there is delegated the duties and functions set forth in § 200.95 as they apply to the acquisition, maintenance, and disposition of real property and the servicing of one- to four-family mortgages. [26 F.R. 7389, Aug. 12, 1961. Redesignated at 28 F.R. 2496, Mar. 14, 1963]

§ 200.102 Assistant Commissioners, General Counsel, and Director, Audit Division.

To the position of Assistant Commissioner, and to each of them, to the position of General Counsel, and to the position of Director, Audit Division, in addition to the authority granted under the provisions of section 204(g) of the National Housing Act, there is delegated the following duties and functions:

(a) To execute in the name of the Commissioner proofs of claim against bankrupt, insolvent and decedent estates.

(b) To execute releases of obligations, including notes, judgments and other evidences of indebtedness, and to release liens of any kind held as security for such obligations.

(c) To execute the power and authority vested in the Commissioner under the regulations governing property and obligations held by the Federal Housing Commissioner and approved by the Secretary of the Treasury.

[26 F.R. 7390, Aug. 12, 1961, as amended at 32 F.R. 5682, Apr. 7, 1967. Redesignated at 28 F.R. 2496, Mar. 14, 1963]

§ 200.103 Division Directors and their superiors; the General Counsel; Field Office Directors, Deputies, and Assistants, and others.

To the position of Assistant Commissioner and Deputy Assistant Commissioner, Special Assistant and Deputy

Special Assistant, Assistant to the Commissioner, Defense Coordinators, General Counsel and Associate General Counsel, Division Director and Deputy Division Director, Regional Operations Commissioner, Field Office Director, Deputy Field Office Director, Assistant Field Office Director, there is delegated the duty and function to certify that official long distanee telephone calls made were necessary in the interest of the Government, pursuant to 31 U.S.C. 680a (section 4 of the Act approved May 10, 1939, 53 Stat. 738).

[32 F.R. 9540, July 1, 1967] § 200.104

Classified Information Control Officer.

To the position of Classified Information Control Officer there is delegated the following duties and functions:

(a) To receive all classified information addressed to the Federal Housing Administration and to be responsible for the proper dissemination thereof.

(b) To safeguard all classified information in accordance with established security standards.

(c) To keep all officials of the FHA advised of security standards and requirements with respect to the safeguarding and dissemination of classified information.

[26 F.R. 7390, Aug. 12, 1961. Redesignated at 28 F.R. 2496, Mar. 14, 1963]

§ 200.105 Personnel Security Officer and Deputy.

To the position of Personnel Security Officer and under his direction and supervision to the position of Deputy Security Officer there is delegated the following duties and functions:

(a) To be responsible for the establishment and administration of a security program in the Federal Housing Administration.

(b) To participate in conferences and discussions as the security representative of the FHA with officials of other government agencies for the purpose of making effective the National Personnel Security Program.

(c) To clear personnel of the FHA for sensitive positions.

(d) To evaluate security reports and to take final action in security cases of all types.

(e) To participate in proceedings before security hearing boards in any instance where an FHA employee is involved.

« iepriekšējāTurpināt »