U. S. Department of Housing and Urban Development Washington, D.C. 20410-8000 November 18, 1991 OFFICE OF THE ASSISTANT SECRETARY TI-413 FOR HOUSING-FEDERAL HOUSING COMMISSIONER MEMORANDUM FOR: ALL TITLE I LENDING INSTITUTIONS Attn: Installment Loan Department SUBJECT: Notice to the Borrower of HUD's Role in Title I Loans On October 18, 1991, the Department published a final rule in the FEDERAL REGISTER (56 FR 52414), implementing major changes to reform the Title I property improvement and manufactured home loan programs. The final rule added new § 201.26(a)(6) and (b)(7) to require that, prior to loan disbursement, the lender must provide the borrower with a written notice of HUD's role in the loan transaction. The rule also added a new § 201.19(c)(3) to require that the lender provide a similar notice to an assumptor prior to execution of an assumption agreement. This letter provides lenders with the language to be used in these notices. The appropriate notice on the lender's letterhead shall be furnished to each borrower, co-maker or co-signer. The notice is to be signed by each borrower, co-maker or co-signer, and the original copy is to be retained in the loan file. A copy of the signed notice shall also be furnished to each person signing the notice. These requirements apply to any new loan for which a credit application is approved by the lender on or after December 16, 1991, and to any refinancing or assumption of an existing loan approved by the lender on or after December 16, 1991. On loans originated by a loan correspondent, compliance with these requirements is the responsibility of the loan correspondent. This letter supersedes TI-360 dated May 7, 1985. Property Improvement Loans On any newly originated dealer property improvement loan, and on any refinanced or assumed property improvement loan, the text of the notice shall read as follows: You have applied for a property improvement loan insured by the U.S. Department of Housing and Urban Development (HUD). If you fail to repay this loan as _____________________________________________________________________ 2 agreed, we may assign the loan and any mortgage to HUD for collection. Failure to pay this debt to HUD may result in seizure of your Federal income tax refunds, offset from your wages if you are a Federal employee, and referral of the debt to the U.S. Department of Justice for collection. In addition to principal and interest on the debt, you will be liable for the payment of any penalties or administrative costs that may be imposed by HUD. Your signature below indicates that you have read and understand this notice. On any newly originated direct property improvement loan, the text of the notice shall read as follows: You have applied for a property improvement loan insured by the U.S. Department of Housing and Urban Development (HUD). As one of the conditions of loan approval, you have agreed to furnish us with a completion certificate after the work is completed, and to permit us or our agent to inspect the completed improvements. If you fail to repay this loan as agreed, we may assign the loan and any mortgage to HUD for collection. Failure to pay this debt to HUD may result in seizure of your Federal income tax refunds, offset from your wages if you are a Federal employee, and referral of the debt to the U.S. Department of Justice for collection. In addition to principal and interest on the debt, you will be liable for the payment of any penalties or administrative costs that may be imposed by HUD. Your signature below indicates that you have read and understand this notice. Manufactured Home Loans On any new, refinanced or assumed manufactured home loan, the text of the notice shall read as follows: You have applied for a manufactured home loan insured by the U.S. Department of Housing and Urban Development (HUD). If you fail to repay this loan as agreed, we may _____________________________________________________________________ 3 foreclose on the home or other property securing this loan and sell it. It is important for you to understand that the value of your property at the time of foreclosure may be less than the unpaid balance on your loan, leaving you liable for the difference. After your property is sold, we may assign the remaining debt to HUD for collection. Failure to pay this debt to HUD may result in seizure of your Federal income tax refunds, offset from your wages if you are a Federal employee, and referral of the debt to the U.S. Department of Justice for collection. In addition to principal and interest on the debt, you will be liable for the payment of any penalties or administrative costs that may be imposed by HUD. Your signature below indicates that you have read and understand this notice. For Further Information If you have any questions about this letter, please write to Robert J. Coyle, Director, Title I Insurance Division, Room 9158, 451 Seventh Street, S.W., Washington, D.C. 20410, or call the Department toll-free at 1-800-733-HOME (1-800-733-4663). Sincerely yours, Arthur J. Hill Assistant Secretary for Housing-Federal Housing Commissioner