Sec. 247. single-family mortgage insurance on hawaiian home lands

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## Sec. 247 single-family mortgage insurance on hawaiian home lands **[**[12 U.S.C. 1715z–12](/us/usc/t12/s1715z–12)**]** ###

(a)The Secretary, subject to such conditions as the Secretary may prescribe, may insure under any provision of this title that authorizes such insurance, a mortgage covering a property upon which there is located a one- to four-family residence, without regard to any limitation in this Act relating to marketability of title or any other limitation in this Act that the Secretary determines is contrary to promoting the availability of such insurance on Hawaiian home lands, if— ####

(1)the mortgage is executed by a native Hawaiian on property located within Hawaiian home lands covered under a homestead lease issued under section 207(a) of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 28, 1959 (73 Stat. 5); ####

(2)the property will be used as the principal residence of the mortgagor; and ####

(3)the Department of Hawaiian Home Lands of the State of Hawaii

(A)is a comortgagor;

(B)guarantees to reimburse the Secretary for any mortgage insurance claim paid in connection with a property on Hawaiian home lands; or

(C)offers other security acceptable to the Secretary. ###

(b)Notwithstanding any other provision of this Act, the Secretary may, with respect to mortgages eligible for insurance under subsection (a), insure and make commitments to insure advances made during construction if the Secretary determines that the proposed construction is otherwise acceptable and that no feasible financing alternative is available. ###

(c)Notwithstanding any other provision of this Act, the insurance of a mortgage using the authority contained in this section shall be the obligation of the Mutual Mortgage Insurance Fund. The mortgagee shall be eligible to receive the benefits of insurance as provided in section 204 with respect to mortgages insured pursuant to this section, except that all references in section 204 to section 203 shall be construed to refer to the section under which the mortgage is insured. ###

(d)For purposes of this section: ####

(1)Native hawaiian The term “**native Hawaiian**” means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands before January 1, 1778, or, in the case of an individual who is awarded an interest in a lease of Hawaiian home lands through transfer or succession, such lower percentage as may be established for such transfer or succession under section 208 or 209 of the Hawaiian Homes Commission Act of 1920 (42 Stat. 111), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 5). ####

(2)Hawaiian home lands The term “**Hawaiian home lands**” means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act of 1920 (42 Stat. 110), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 5). ###

(e)Certification of Eligibility for Existing Lessees Possession of a lease of Hawaiian home lands issued under section 207(a) of the Hawaiian Homes Commission Act of 1920 (42 Stat. 110), shall be sufficient to certify eligibility to receive a mortgage under this section.

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12 USC 1715z–12
73 Stat. 5
42 Stat. 111
42 Stat. 110

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Sec. 247

single-family mortgage insurance on hawaiian home lands

Cite12 USC 1715z–12

Stat.73 Stat. 5

Stat.42 Stat. 111

Stat.42 Stat. 110

Cites 4Cited by 0 across 0 sources