Notice of Proposed Information Collection: Comment Request; Legal Instructions Concerning Applications for Full Insurance Benefits-Assignment of Multifamily Mortgages to the Secretary, 41197-41198 [2012-17018]

Download as PDF Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Notices determine whether these programs further the basic missions which are approved by the Administrator of FEMA, examines the physical plant of the Academy to determine the adequacy of the Academy’s facilities, and examines the funding levels for Academy programs. The Board submits an annual report through the United States Fire Administrator to the Administrator of FEMA, in writing. The report provides detailed comments and recommendations regarding the operation of the Academy. Agenda The Board will review and approve the minutes of the April 25 and 26, 2012, meeting. The Board will review Academy program activities including instructor led online course deliveries, current curriculum developments, anticipated FY 2012 curriculum developments, and the new Student Identification Number (SID) procedure being implemented through the NFA Admissions process. The Board will review the progress of the Executive Fire Officer Program (EFOP) Subcommittee and new course development status. The Board will also review the status of the Fire and Emergency Services Higher Education (FESHE) Institutional Recognition and Certificate program and the progress of Training Resources and Data Exchange (TRADE)/FESHE electronic meetings. The Board will discuss deferred maintenance and capital improvements on the NETC campus, to include FY 2012 Budget Planning. After deliberation, the Board will recommend actions to the Superintendent of the National Fire Academy and the Administrator of FEMA. Dated: July 5, 2012. Kirby Kiefer, Deputy Superintendent, National Fire Academy, United States Fire Administration, Federal Emergency Management Agency. [FR Doc. 2012–16972 Filed 7–11–12; 8:45 am] BILLING CODE 9111–45–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT pmangrum on DSK3VPTVN1PROD with NOTICES [Docket No. FR–5602–N–04] Notice of Proposed Information Collection: Comment Request; Legal Instructions Concerning Applications for Full Insurance Benefits— Assignment of Multifamily Mortgages to the Secretary AGENCY: Office of the General Counsel, HUD. VerDate Mar<15>2010 15:39 Jul 11, 2012 Jkt 226001 ACTION: Notice. The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: September 10, 2012. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Nacheshia Foxx, Reports Liaison Officer, Department of Housing and Urban Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410–0500. FOR FURTHER INFORMATION CONTACT: Millicent Potts, Assistant General Counsel for Multifamily Mortgage Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW., Room 9230, Washington, DC 20410– 0500, telephone (202) 708–1274 (this is not a toll-free number) for a copy of the instructions. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: Title of Proposal: Legal Instructions Concerning Applications for Full Insurance Benefits—Assignment of Multifamily Mortgage to the Secretary. OMB Control Number, if applicable: 2510–0006. Description of the need for the information and proposed use: SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 41197 Mortgagees of HUD-insured mortgages may receive mortgage insurance benefits upon assignment of mortgages to HUD. In connection with the assignment, legal documents (e.g., mortgage, mortgage note, security agreement, title insurance policy) must be submitted to the Department. The instructions describe the documents to be submitted and the procedures for submission. HUD has made the following revisions to the Legal Instructions Concerning Applications for Full Insurance Benefits—Assignment of Multifamily Mortgage to the Secretary (the ‘‘Legal Instructions’’): Part A, item 1—removed the reference to ‘‘the model form of assignment’’ and replaced it with ‘‘the requisite language below’’ since there is not a model form of assignment. Part B, first paragraph—revised second sentence to add ‘‘or debentures’’ to indicate that one 15-day extension of the deadline for claims is applicable for claims paid in cash or debentures. Part B, item 1—‘‘(insert the unpaid balance as of the date of assignment)’’ has been changed to ‘‘[insert the unpaid balance as of the date of assignment]’’ as this language is instructive and should not appear within the actual endorsement on the Note. Also, ‘‘note’’ was changed to ‘‘Note’’ within the requisite language, since the references are to the promissory Note. Part B, item 2—removed ‘‘, certified by the recording official’’ as this language was redundant. Also, revised the requisite Indemnification Agreement language for consistency with the form of Indemnification Agreement in Part B, item 1, to read as follows: [Insert name of the mortgagee] agrees to indemnify and hold harmless the Secretary of Housing and Urban Development and his/her successors and assigns against any loss, costs, or charges whatsoever, including attorney’s fees, which may be sustained by the Secretary as a result of the failure of the mortgagee to furnish an original copy of [insert description of document].’’ Part B, item 4—removed ‘‘, if recorded’’ at the end of the first sentence, as this language was redundant. Part B, item 5—revised the first sentence to read as follows, for clarity: ‘‘The original security agreement/chattel mortgage, or a certified copy. All certifications must be made by the recording official.’’ Also revised the second sentence to remove the sample Indemnification Agreement provision and cross-reference instead to Part B, item 2. Part B, item 7—revised the first sentence to read as follows, for clarity: ‘‘Original interim assignments of the E:\FR\FM\12JYN1.SGM 12JYN1 41198 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Notices [Security Agreement][Chattel Mortgage], or certified copies. All certifications must be made by the recording official.’’ Also, in the next sentence, changed ‘‘are unrecorded’’ to ‘‘were not recorded’’, and referred to the form of Indemnification Agreement in Part B, item 2. Part B, item 8—changed references to the ‘‘Uniform Commercial Code’’ to ‘‘UCC’’ since the term was defined in Part A, item 2. Also changed ‘‘ATIMA’’ to ‘‘as their interests may appear’’ for clarity. Under ‘‘Lapsed UCC filings’’, removed ‘‘as applicable’’ at the end of the first paragraph. Under ‘‘UCC filing was never filed’’, the following sentence was added at the end of the first paragraph: ‘‘The mortgagee must also submit an Indemnification Agreement that contains the following language and is otherwise acceptable to HUD:’’. Part B, item 8—under ‘‘Lapsed UCC filings * * *’’ and ‘‘UCC filing was never filed’’—revised the paragraphs regarding Indemnification Agreements to include the requisite language, so that the Legal Instructions would be formatted like Part B, items 1 and 2. Part B, item 9—changed ‘‘the Departmental regulations’’ to ‘‘HUD regulations’’ for clarity. Part B, item 10 has been revised to indicate that the evidence of property insurance is acceptable if accompanied by an affidavit from the mortgagee that the hazard insurance policy is in full force and effect as of the date of assignment to the Secretary, since mortgagees are no longer able to obtain an ACORD that does not state it is for informational purposes only and does not confer rights upon the holder of the policy. Requisite language for the mortgagee’s affidavit has been added. Part B, item 12—‘‘project loan’’ was changed to ‘‘Note’’ for accuracy, since the endorsement is on the Note. Part B, item 13 has been added to require submission of additional documents for loans insured under Section 232 of the National Housing Act and processed under LEAN, including, but not limited to, an assignment of the Master Lease and all corollary Subordination and Non-Disturbance Agreements, the Deposit Account Control Agreement and any Notice of Exclusive Control that has been delivered to the Bank (as defined in the Deposit Account Control Agreement), and the Intercreditor Agreement and all riders thereto. Part B, former items 13, 14 and 15 have been re-numbered to items 14, 15, and 16, respectively. Part B, re-numbered item 15 has been revised in the first full paragraph after the Note, to indicate that if title insurance issues cannot be resolved within the deadline ‘‘(including extensions)’’, interest will be curtailed ‘‘or the mortgage may be reassigned to the mortgagee, thereby requiring the mortgagee to reimburse the Secretary the amounts paid plus interest.’’ Part B, re-numbered item 16 has been revised to change ‘‘HUD’’ to ‘‘the Secretary’’ for consistency. Part B, final Note at end, has been revised to add that HUD reserves the right ‘‘in its sole discretion’’ to refuse to accept an Indemnification Agreement. The revised Legal Instructions, which reflects new language added in bold, and language removed in strikeout is attached as Appendix A. Agency form numbers, if applicable: N/A. Members of affected public: Mortgagees when applying for insurance benefits from HUD. Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: Number of respondents Burden hours Frequency of response Total burden hours 359 ............................................................................................................................................... 26 1 9,334 Status of the proposed information collection: Extension of a currently approved collection. We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless Federal authorization is acquired that allows such activities. SUMMARY: Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: July 9, 2012. Aaron Santa Anna, Assistant General Counsel for Regulations. [FR Doc. 2012–17018 Filed 7–11–12; 8:45 am] BILLING CODE 4210–67–P We must receive comments or requests for documents on or before August 13, 2012. We must receive requests for marine mammal permit public hearings, in writing, at the address shown in the ADDRESSES section by August 13, 2012. DATES: DEPARTMENT OF THE INTERIOR Fish and Wildlife Service pmangrum on DSK3VPTVN1PROD with NOTICES [FWS–R9–IA–2012–N162; FXIA16710900000P5–123–FF09A30000] Endangered Species; Marine Mammals; Receipt of Applications for Permit Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. AGENCY: VerDate Mar<15>2010 15:39 Jul 11, 2012 Jkt 226001 Brenda Tapia, Division of Management Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 212, Arlington, VA 22203; fax (703) 358–2280; or email DMAFR@fws.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Brenda Tapia, (703) 358–2104 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 (telephone); (703) 358–2280 (fax); DMAFR@fws.gov (email). SUPPLEMENTARY INFORMATION: I. Public Comment Procedures A. How do I request copies of applications or comment on submitted applications? Send your request for copies of applications or comments and materials concerning any of the applications to the contact listed under ADDRESSES. Please include the Federal Register notice publication date, the PRTnumber, and the name of the applicant in your request or submission. We will not consider requests or comments sent to an email or address not listed under ADDRESSES. If you provide an email address in your request for copies of applications, we will attempt to respond to your request electronically. Please make your requests or comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your E:\FR\FM\12JYN1.SGM 12JYN1

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[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Pages 41197-41198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17018]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5602-N-04]


Notice of Proposed Information Collection: Comment Request; Legal 
Instructions Concerning Applications for Full Insurance Benefits--
Assignment of Multifamily Mortgages to the Secretary

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The proposed information collection requirement described 
below will be submitted to the Office of Management and Budget (OMB) 
for review, as required by the Paperwork Reduction Act. The Department 
is soliciting public comments on the subject proposal.

DATES: Comments Due Date: September 10, 2012.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent to: Nacheshia Foxx, Reports Liaison 
Officer, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 10276, Washington, DC 20410-0500.

FOR FURTHER INFORMATION CONTACT: Millicent Potts, Assistant General 
Counsel for Multifamily Mortgage Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 9230, Washington, DC 20410-0500, telephone (202) 708-1274 (this is 
not a toll-free number) for a copy of the instructions.

SUPPLEMENTARY INFORMATION: The Department is submitting the proposed 
information collection to OMB for review, as required by the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).
    This notice is soliciting comments from members of the public and 
affected agencies concerning the proposed collection of information to: 
(1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (2) 
Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (3) Enhance the quality, utility, 
and clarity of the information to be collected; and (4) Minimize the 
burden of the collection of information on those who are to respond; 
including through the use of appropriate automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    This notice also lists the following information:
    Title of Proposal: Legal Instructions Concerning Applications for 
Full Insurance Benefits--Assignment of Multifamily Mortgage to the 
Secretary.
    OMB Control Number, if applicable: 2510-0006.
    Description of the need for the information and proposed use: 
Mortgagees of HUD-insured mortgages may receive mortgage insurance 
benefits upon assignment of mortgages to HUD. In connection with the 
assignment, legal documents (e.g., mortgage, mortgage note, security 
agreement, title insurance policy) must be submitted to the Department. 
The instructions describe the documents to be submitted and the 
procedures for submission.
    HUD has made the following revisions to the Legal Instructions 
Concerning Applications for Full Insurance Benefits--Assignment of 
Multifamily Mortgage to the Secretary (the ``Legal Instructions''):
    Part A, item 1--removed the reference to ``the model form of 
assignment'' and replaced it with ``the requisite language below'' 
since there is not a model form of assignment.
    Part B, first paragraph--revised second sentence to add ``or 
debentures'' to indicate that one 15-day extension of the deadline for 
claims is applicable for claims paid in cash or debentures.
    Part B, item 1--``(insert the unpaid balance as of the date of 
assignment)'' has been changed to ``[insert the unpaid balance as of 
the date of assignment]'' as this language is instructive and should 
not appear within the actual endorsement on the Note. Also, ``note'' 
was changed to ``Note'' within the requisite language, since the 
references are to the promissory Note.
    Part B, item 2--removed ``, certified by the recording official'' 
as this language was redundant. Also, revised the requisite 
Indemnification Agreement language for consistency with the form of 
Indemnification Agreement in Part B, item 1, to read as follows:

    [Insert name of the mortgagee] agrees to indemnify and hold 
harmless the Secretary of Housing and Urban Development and his/her 
successors and assigns against any loss, costs, or charges 
whatsoever, including attorney's fees, which may be sustained by the 
Secretary as a result of the failure of the mortgagee to furnish an 
original copy of [insert description of document].''

    Part B, item 4--removed ``, if recorded'' at the end of the first 
sentence, as this language was redundant.
    Part B, item 5--revised the first sentence to read as follows, for 
clarity: ``The original security agreement/chattel mortgage, or a 
certified copy. All certifications must be made by the recording 
official.'' Also revised the second sentence to remove the sample 
Indemnification Agreement provision and cross-reference instead to Part 
B, item 2.
    Part B, item 7--revised the first sentence to read as follows, for 
clarity: ``Original interim assignments of the

[[Page 41198]]

[Security Agreement][Chattel Mortgage], or certified copies. All 
certifications must be made by the recording official.'' Also, in the 
next sentence, changed ``are unrecorded'' to ``were not recorded'', and 
referred to the form of Indemnification Agreement in Part B, item 2.
    Part B, item 8--changed references to the ``Uniform Commercial 
Code'' to ``UCC'' since the term was defined in Part A, item 2. Also 
changed ``ATIMA'' to ``as their interests may appear'' for clarity. 
Under ``Lapsed UCC filings'', removed ``as applicable'' at the end of 
the first paragraph. Under ``UCC filing was never filed'', the 
following sentence was added at the end of the first paragraph: ``The 
mortgagee must also submit an Indemnification Agreement that contains 
the following language and is otherwise acceptable to HUD:''.
    Part B, item 8--under ``Lapsed UCC filings * * *'' and ``UCC filing 
was never filed''--revised the paragraphs regarding Indemnification 
Agreements to include the requisite language, so that the Legal 
Instructions would be formatted like Part B, items 1 and 2.
    Part B, item 9--changed ``the Departmental regulations'' to ``HUD 
regulations'' for clarity.
    Part B, item 10 has been revised to indicate that the evidence of 
property insurance is acceptable if accompanied by an affidavit from 
the mortgagee that the hazard insurance policy is in full force and 
effect as of the date of assignment to the Secretary, since mortgagees 
are no longer able to obtain an ACORD that does not state it is for 
informational purposes only and does not confer rights upon the holder 
of the policy. Requisite language for the mortgagee's affidavit has 
been added.
    Part B, item 12--``project loan'' was changed to ``Note'' for 
accuracy, since the endorsement is on the Note.
    Part B, item 13 has been added to require submission of additional 
documents for loans insured under Section 232 of the National Housing 
Act and processed under LEAN, including, but not limited to, an 
assignment of the Master Lease and all corollary Subordination and Non-
Disturbance Agreements, the Deposit Account Control Agreement and any 
Notice of Exclusive Control that has been delivered to the Bank (as 
defined in the Deposit Account Control Agreement), and the 
Intercreditor Agreement and all riders thereto.
    Part B, former items 13, 14 and 15 have been re-numbered to items 
14, 15, and 16, respectively.
    Part B, re-numbered item 15 has been revised in the first full 
paragraph after the Note, to indicate that if title insurance issues 
cannot be resolved within the deadline ``(including extensions)'', 
interest will be curtailed ``or the mortgage may be reassigned to the 
mortgagee, thereby requiring the mortgagee to reimburse the Secretary 
the amounts paid plus interest.''
    Part B, re-numbered item 16 has been revised to change ``HUD'' to 
``the Secretary'' for consistency.
    Part B, final Note at end, has been revised to add that HUD 
reserves the right ``in its sole discretion'' to refuse to accept an 
Indemnification Agreement.
    The revised Legal Instructions, which reflects new language added 
in bold, and language removed in strikeout is attached as Appendix A.
    Agency form numbers, if applicable: N/A.
    Members of affected public: Mortgagees when applying for insurance 
benefits from HUD.
    Estimation of the total numbers of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response:

----------------------------------------------------------------------------------------------------------------
                                                                                  Frequency of     Total burden
                    Number of respondents                        Burden hours       response          hours
----------------------------------------------------------------------------------------------------------------
359..........................................................              26                1            9,334
----------------------------------------------------------------------------------------------------------------

    Status of the proposed information collection: Extension of a 
currently approved collection.

    Authority:  The Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, as amended.

    Dated: July 9, 2012.
Aaron Santa Anna,
Assistant General Counsel for Regulations.
[FR Doc. 2012-17018 Filed 7-11-12; 8:45 am]
BILLING CODE 4210-67-P
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