§ 1715z–12. Single-family mortgage insurance on Hawaiian home lands

1,269 words·~6 min read·/usc/title-12/section-1715z-12

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The Secretary, subject to such conditions as the Secretary may prescribe, may insure under any provision of this subchapter 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 chapter relating to marketability of title or any other limitation in this chapter that the Secretary determines is contrary to promoting the availability of such insurance on Hawaiian home lands, if— 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 18, 1959 ( 73 Stat. 5 ); the property will be used as the principal residence of the mortgagor; and 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. Notwithstanding any other provision of this chapter, 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. Notwithstanding any other provision of this chapter, 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 1710 of this title with respect to mortgages insured pursuant to this section, except that all references in section 1710 of this title to section 1709 of this title shall be construed to refer to the section under which the mortgage is insured. For purposes of this section: 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 ). 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 ). 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. ( June 27, 1934, ch. 847 , title II, § 247, as added Pub. L. 98–181, title I [title IV, § 421], Nov. 30, 1983 , 97 Stat. 1213 ; amended Pub. L. 100–202, § 101(f) [title I, § 101] , Dec. 22, 1987 , 101 Stat. 1329–187 , 1329–191; Pub. L. 100–242, title IV , §§ 413(a), (b), 429(h), Feb. 5, 1988 , 101 Stat. 1906 , 1919; Pub. L. 100–628, title X, § 1065 , Nov. 7, 1988 , 102 Stat. 3275 ; Pub. L. 107–73, title II, § 215 , Nov. 26, 2001 , 115 Stat. 677 ; Pub. L. 110–289, div. B, title I, § 2119(a) , July 30, 2008 , 122 Stat. 2835 .)

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15 references not yet in our index

73 Stat. 5
42 Stat. 111
42 Stat. 110
Pub. L. 98-181
97 Stat. 1213
Pub. L. 100-202
Pub. L. 100-242
101 Stat. 1906
Pub. L. 100-628
102 Stat. 3275
Pub. L. 107-73
115 Stat. 677
Pub. L. 110-289
122 Stat. 2835
Pub. L. 86-3

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§ 1715z–12

Single-family mortgage insurance on Hawaiian home lands

Fed. Reg.×19

C.F.R.×2

Stat.Public Law 101–156

Stat.Chapter 42

Stat.73 Stat. 5

Stat.42 Stat. 111

Stat.42 Stat. 110

Pub. L.Pub. L. 98-181

Stat.97 Stat. 1213

Cites 17 · showing 7Cited by 21 across 2 sources