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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 2702 Mortgages eligible for assistance us united_states_code code_section 12 BANKS AND BANKING 28 EMERGENCY MORTGAGE RELIEF 2702 12 U.S.C. § 2702 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s2702 data/legal/raw/us/code/title-12/usc12.xml 8aca566fc90f9d90e5e6139204fbf7adce2ee0b4b5a08ce5d9da708219aaf810 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 64f66a37a7ee7fb34f5dc55ddca7f36d0175ccb7bbdb9a512afc8da687f95ca4 2026-07-04 official
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12 U.S.C. § 2702 - Mortgages eligible for assistance

Text

No assistance shall be extended with respect to any mortgage under this chapter unless—

(1) the holder of the mortgage has indicated to the mortgagor its intention to foreclose;

(2) the mortgagor and holder of the mortgage have certified that circumstances make it probable that there will be a foreclosure and that the mortgagor is in need of emergency mortgage relief as authorized by this chapter;

(3) payments under the mortgage have been delinquent for at least three months;

(4) the mortgagor has incurred a substantial reduction in income as a result of involuntary unemployment or underemployment due to adverse economic conditions or medical conditions and is financially unable to make full mortgage payments;

(5) there is a reasonable prospect that the mortgagor will be able to make the adjustments necessary for a full resumption of mortgage payments; and

(6) the mortgaged property is the principal residence of the mortgagor.

(Pub. L. 9450, title I, § 103, July 2, 1975, 89 Stat. 249; Pub. L. 111203, title XIV, § 1496(b)(1), July 21, 2010, 124 Stat. 2207.)

Notes

Editorial Notes

Amendments2010—Par. (2). Pub. L. 111203, § 1496(b)(1)(A), substituted “have certified” for “have indicated in writing to the Secretary of Housing and Urban Development (hereinafter referred to as the Secretary) and to any agency or department of the Federal Government responsible for the regulation of the holder” and struck out “(such as the volume of delinquent loans in its portfolio)” after “circumstances” and “, except that such statement by the holder of the mortgage may be waived by the Secretary if in his judgment such waiver would further the purposes of this chapter” after “by this chapter”. Par. (4). Pub. L. 111203, § 1496(b)(1)(B), inserted “or medical conditions” after “adverse economic conditions”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111203, set out as a note under section 1601 of Title 15, Commerce and Trade.