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LegalText 42 U.S.C. § 12808 Second mortgage assistance for first-time homebuyers us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 130 NATIONAL AFFORDABLE HOUSING 12808 42 U.S.C. § 12808 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s12808 data/legal/raw/us/code/title-42/usc42.xml 7e16337da75ceed052a25bcae4f8f8307d1e9772a6ccfabb9a537c095360938f 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 13690288b2a6bc7e5656a1586aecf8522019f0fe74e99b70d1e2396f72360563 2026-07-04 official
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42 U.S.C. § 12808 - Second mortgage assistance for first-time homebuyers

Text

(a) In general The Secretary shall make available a model program under which units of general local government provide loans (secured by second mortgages) with deferred payment of interest and principal to first-time homebuyers.

(b) Homeownership counseling The program under this section shall provide for homeownership counseling to first-time homebuyers assisted, which shall include—

(1) counseling before and after purchase of the property;

(2) assisting first-time homebuyers in identifying the most suitable and affordable properties;

(3) providing homebuyers with financial management assistance;

(4) assisting homebuyers in understanding mortgage transactions and home sales contracts; and

(5) assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property.

(c) Eligibility requirements Deferred payment loans secured by second mortgages may be provided under the model program under this section if—

(1) the homebuyer assisted is a first-time homebuyer;

(2) the property secured by the second mortgage is a single-family residence and is the principal residence of the homebuyer; and

(3) the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer.

(d) Payment terms (1) Period of deferral The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer.

(2) Interest rate The interest rate on the unpaid balance of a loan under this section shall be at least 4 percent.

(3) Repayment period A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral period.

(e) Security A deferred payment loan assisted with amount 11 So in original. Probably should be “amounts”. provided under a grant under this section shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property.

(Pub. L. 101625, title II, § 258, Nov. 28, 1990, 104 Stat. 4123.)