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Code · BILL · 113th Congress · S. 1217 (Reported in Senate) — To provide secondary mortgage market reform, and for other purposes. · Sec. 204

Sec. 204. Insurance

300 words·~1 min read·/bill/113/s/1217/rs/section-204·

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The Corporation shall, upon application and in exchange for a fee in accordance with section 203(f), insure the payment of principal and interest on a covered security with respect to losses that may be incurred on such security. The Corporation shall develop standards and processes to ensure that prior to making any commitment to provide insurance under this section that private market holders have taken first loss position in a covered security and that such holders have sufficient capital to cover their risk-sharing obligations.
In the event of a payment default on an eligible mortgage that collateralizes a covered security insured under this section that exceeds the first loss position assumed by a private market holder or that, in the case of an approved bond guarantor, if the guarantor has become insolvent, the Corporation shall— pay, in cash when due, any shortfalls in payment of principal and interest under the eligible mortgage; and continue to charge and collect any fees for the provision of insurance (in accordance with section 203(f)) relating to the covered security.
The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any insurance provided under this section. Notwithstanding any other provision of law, no Federal funds may be used to purchase or guarantee obligations of, issue lines of credit to, provide direct or indirect access to any financing provided by the United States Government to, or provide direct or indirect grants and aid to any private market holder of the first loss position on a covered security which, on or after the date of enactment of this Act, has defaulted on its obligations, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government.
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