60-Day Notice of Proposed Information Collection: FHA Single Family Model Mortgage Documents, 85997-85999 [2016-28756]
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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
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II. Proposed Method of Determining
Income Limit
HUD calculates low-, very low-, and
extremely low-income limits for the
public housing program. These income
limits are used for assessing program
eligibility. Very low-income (VLI) limits
are preliminarily calculated as 50
percent of the estimated area median
family income. VLI limits include
several adjustments to align the income
limits with program requirements
including:
1. High Housing Cost Adjustment. The
4-Person VLI limit is increased if it
would otherwise be less than the
amount at which 35 percent of it equals
85 percent of the annualized twobedroom Section 8 40th percentile FMR
(this adjusts income limits upward for
areas where rental housing costs are
unusually high in relation to median
income).
2. Low Housing Cost Adjustment. If
the 4-person VLI limit exceeds 80
percent of the U.S. median family
income, and the two bedroom 40th
percentile FMR is affordable (less than
or equal to 30 percent of the preliminary
VLI limit), the VLI limit will be reduced
to the greater of 80 percent of U.S.
median family income or the amount at
which 30 percent of it equals the twobedroom 40th percentile FMR. This
adjusts income limits downward for
areas of unusually high median family
incomes.
3. State Non-Metro Median Family
Income Adjustment. The 4-person VLI
limit is also adjusted if it would
otherwise be lower than 50 percent of
the State non-metro median family
income; and
4. Ceilings and Floors for Changes. In
lieu of holding income limits harmless,
HUD does not allow income limits to
decrease or increase more than 5
percent. The VLI limits are calculated
for every FMR area, so there may be
subareas for metropolitan statistical
areas (MSAs).
For the purpose of determining the
income limit, including any
adjustments, HUD will use the VLI limit
as the basis of the 120 percent income
limit (by multiplying the VLI limit by a
factor of 2.4). For those areas without an
adjustment, the result is an income limit
of 120 percent of AMI. For areas where
HUD has made an adjustment to the VLI
limit, the result of the multiplier will be
higher or lower than 120 percent of
AMI, depending on the adjustments
made. For example, for the Los Angeles
MSA, HUD’s income limit methodology
results in a high housing cost
adjustment, therefore, the income limit
for families residing in this area is 167
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17:48 Nov 28, 2016
Jkt 241001
percent of AMI, due to the higher
housing costs in this MSA.
HUD’s income limits were developed
by HUD’s Office of Policy Development
and Research, and are updated
annually. Information about HUD’s
income limits and HUD’s methodology
for adjusting income limits as part of the
income limit calculation can be found
at: https://www.huduser.gov//datasets/
il/il16/index_il2016.html.
III. Request for Comments
HUD is seeking comments on the
methodology described above.
Specifically, HUD seeks comments on
the following questions:
1. Does the methodology adequately
consider local housing costs and make
appropriate adjustments for higher
housing costs?
2. What other factors should HUD
consider when determining whether to
make adjustments to the income limit?
Please provide specific examples of
circumstances that are not captured in
HUD’s proposed methodology.
IV. Environmental Impact Certification
This notice does not direct, provide
for assistance or loan and mortgage
insurance for, or otherwise govern or
regulate real property acquisition,
disposition, leasing, rehabilitation,
alteration, demolition, or new
construction; or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this notice is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Dated: November 17, 2016.
Jemine Bryon,
General Deputy Assistant, Secretary for Public
and Indian Housing.
[FR Doc. 2016–28593 Filed 11–28–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5913–C–34]
60-Day Notice of Proposed Information
Collection: FHA Single Family Model
Mortgage Documents
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Correction; notice.
AGENCY:
This notice corrects the
document HUD published at 81 FR
84608, November 23, 2016. HUD is
amending both paragraphs on page 4.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
85997
HUD is seeking approval from the Office
of Management and Budget (OMB) for
the information collection described
below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: January 30,
2017.
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:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Kevin Stevens, 451 7th Street SW.,
Washington, DC 20410; email
KevinL.Stevens@hud.gov; or telephone
202–402–2673. This is not a toll-free
number. Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: FHA
Single Family Model Mortgage
Documents.
OMB Approval Number: 2502—New.
Type of Request: Approval of a new
collection of information.
Form Number: N/A.
Description of the need for the
information and proposed use:
This notice advises of FHA’s review
and proposed revisions to the Single
Family Model Forward Mortgage
document. Similar to FHA’s review of
its multifamily mortgage transactional
documents, healthcare facilities
transactional documents, and hospital
transactional documents, FHA is
reviewing its Single Family mortgage
transactional documents to determine
where revisions and updates may be
needed. This notice presents one
document that FHA has identified for
E:\FR\FM\29NON1.SGM
29NON1
85998
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
review and update, and additional
documents may be the subject of future
notices for comment.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Proposed Changes to the Model
Forward Mortgage Document
The following describes the changes
proposed to be made to the Single
Family Model Forward Mortgage
document, which can be found, with the
proposed changes to the document’s
terms highlighted, at HUD’s Web site at
https://portal.hud.gov/hudportal/
HUD?src=/program_offices/housing/sfh/
SFH_policy_drafts.
Forward Mortgage
The majority of the proposed changes
are conforming or technical in nature
(e.g., correction of internal references
and typographical errors). Included in
this category is the proposed change to
Section 19. As provided in FHA’s
Instructions for Model Mortgages
(located at https://portal.hud.gov/
hudportal/HUD?src=/program_offices/
housing/sfh/model_documents) the
FHA Model Forward Mortgage
document is based largely on the
Federal Home Loan Mortgage
Corporation and Federal National
Mortgage Association (the ‘‘Government
Sponsored Enterprises’’ or ‘‘GSEs’’)
security instrument covenants, with
certain FHA-specific revisions. When
incorporating the GSE covenants into
the Model Forward Mortgage document,
the second paragraph of Section 19 was
unintentionally omitted, but reference
to that paragraph was retained in the
section heading, resulting in an
apparent internal discrepancy in the
Model Forward Mortgage. Because the
omission of this paragraph was not
identified as an FHA-Specific
Modification (as that term is used in the
Instructions for Model Mortgages),
mortgagees have been free to adopt the
analogous GSE covenant provision to
resolve this discrepancy. Therefore,
although the proposed change to
Section 19 appear substantive, it should
bring the Model Forward Mortgage into
closer conformity with current FHAinsured mortgages and industry
standard.
In addition to these technical changes,
FHA is proposing one set of substantive
changes to the Model Forward
Mortgage, reflected in the judicial and
non-judicial versions of Section 22
(hereinafter ‘‘Sections 22’’) and Section
20. Prior to the September, 2014
publication of the current Model
Forward Mortgage, the former Model
Forward Mortgage contained the
following provision: ‘‘[i]n many
circumstances regulations issued by the
Secretary will limit Lender rights, in the
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17:48 Nov 28, 2016
Jkt 241001
case of payment defaults, to require
immediate payment in full and foreclose
if not paid. This Security Instrument
does not authorize acceleration or
foreclosure if not permitted by
regulations of the Secretary.’’
(hereinafter ‘‘Paragraph 9(d)’’). Because
Paragraph 9(d) is not necessarily
entailed by FHA regulatory or statutory
authority, its omission was a natural
consequence of the adoption of the GSE
security instrument covenants.
Mortgagees are obliged to fulfill their
contractual and regulatory obligations to
the Department, including commencing
foreclosure upon satisfaction of certain
regulatory preconditions, regardless of
whether certain of those obligations are
recited in or incorporated by reference
into a separate mortgage contract with a
borrower.
Since publication of the current FHA
Model Forward Mortgage, however,
FHA has been informed that Paragraph
9(d) has been viewed by borrowers as
providing certain defenses to
foreclosure actions, and has, on
occasion, been successfully used to
assert such defenses under
circumstances where mortgagees
allegedly fail to satisfy certain
preconditions to foreclosure reflected in
the Department’s regulations. The
Department’s regulations form the
contract of mortgage insurance between
FHA and the mortgagee, which has
always been regarded as separate and
distinct from the private mortgage
contract between mortgagee and
borrower. However, the Department also
acknowledges the incidental benefits of
incentivizing mortgagee compliance
with FHA requirements by
incorporation of a similar, separate
contractual right in the private mortgage
contract between the mortgagee and
borrower. The reintroduction of
language in the proposed change to
Sections 22 similar to that contained in
the previous Paragraph 9(d) may serve
to again further this goal.
The Department is also proposing a
revision to Section 20, which generally
provides that the borrower is not a
third-party beneficiary to the contract of
mortgage insurance between the lender
and FHA. Legally, FHA borrowers have
never been deemed third-party
beneficiaries of the mortgage insurance
contract between FHA and the
mortgagee, and therefore, have had no
authority to enforce any provisions
thereof. However, as reflected in the
proposed changes to Sections 22, the
borrower and lender will enjoy
contractual rights and obligations under
the private mortgage contract that
happen to mirror elements of the
mortgage insurance contract because
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
they both separately rely on HUD’s
regulations. By asserting rights under
the private mortgage contract, even
those that incorporate elements of the
regulations forming the mortgage
insurance contract, borrowers would not
be enforcing the contract of mortgage
insurance and FHA regulations as such,
but rather enforcing the private
contractual terms incorporated into the
mortgage contract that mirror those
regulations.
While aiming to clearly delineate the
lines between the private mortgage
contract and the contract of mortgage
insurance through the language
contained in Section 20, the Department
does not wish to cause any confusion
concerning the borrower’s ability to
enforce his or her rights that have been
granted through the incorporation of
certain regulatory provisions. Therefore,
for clarity, the Department is proposing
a revision to Section 20 that eliminates
any confusion regarding the borrower’s
ability to assert rights under the private
mortgage contract with the mortgagee as
provided in the proposed changes to
Section 22. The proposed revision to
Section 20 does not jeopardize the
settled fact that borrowers are not thirdparty beneficiaries of the mortgage
insurance contract and do not have the
authority to enforce any provisions
thereof. This is a consequence of wellestablished legal principals governing
contractual relationships and privity,
which will remain unchanged
notwithstanding the proposed revision.
HUD expects, therefore, that the
proposed change renders Section 20
more apparently consistent with the
proposed changes to Sections 22, but
does not intend to create third-party
rights under the mortgage insurance
contract.
The following information regarding
respondents and number of responses is
based on information related to the
actual legal mortgage document, not the
model mortgage document.
Affected Respondents: Businesses or
other for-profit.
Estimated Number of Respondents:
2,535.
Estimated Number of Responses:
164,447.
Frequency of Response: On Occasion.
Average Hours per Response: .05.
Total Estimated Burdens: 822 hours.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
E:\FR\FM\29NON1.SGM
29NON1
85999
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to 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.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: November 23, 2016.
Janet M. Golrick,
Associate General Deputy Assistant, Secretary
for Housing Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2016–28756 Filed 11–28–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–SA–2016–N206; FF01SNPLC0–
FXSC141001NPLC0–178]
Proposed Information Collection;
Pacific Northwest Coastal Landscape
Conservation Design Social Network
Survey
AGENCY:
Fish and Wildlife Service,
Interior.
ACTION:
Notice; request for comments.
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. We
may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by January 30, 2017.
ADDRESSES: Send your comments on the
IC to the Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or tina_campbell@fws.gov
(email). Please include ‘‘1018–PNW’’ in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Tina Campbell at tina_
campbell@fws.gov (email) or 703–358–
2676 (telephone).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
We will collect information on
organizations’ approaches to landscape
scale conservation; their capacities,
priorities, strategies, and approaches to
collaboration; what other organizations
they have sought advice from,
Number of
respondents
Activity
collaborated with, or would like to
collaborate with; their organizational
type, size, and location; and where in
the U.S. Pacific Northwest region they
operate. The survey results will provide
information about where, how, and with
whom organizations working on coastal
ecosystem issues focus their efforts, and
will be used to facilitate opportunities
for improved coordination and
collaboration to enhance the collective
impact of organizations working to
protect and restore the health of U.S.
Pacific Northwest coastal watersheds,
estuaries, and associated ecosystems,
and the communities that value, use,
and depend on these resources.
II. Data
OMB Control Number: 1018–None.
Title: Pacific Northwest Coastal
Landscape Conservation Design Social
Network Survey.
Service Form Number: None.
Type of Request: New.
Description of Respondents:
Businesses, nongovernmental
organizations, local and county
governments, State and tribal
governments, Federal agencies, and
educational institutions.
Respondent’s Obligation: Voluntary.
Frequency of Collection: On occasion.
Number of
responses
Completion
time per
response
(minutes)
Total annual
burden hours
Survey ..............................................................................................................
200
180
30
90
Totals ........................................................................................................
200
180
30
90
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Estimated Annual Nonhour Burden
Cost: None.
III. Comments
We invite comments concerning this
information collection on:
• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
• The accuracy of our estimate of the
burden for this collection of
information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
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17:48 Nov 28, 2016
Jkt 241001
• Ways to minimize the burden of the
collection of information on
respondents.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this IC. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
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Fmt 4703
Sfmt 9990
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: November 22, 2016.
Tina A. Campbell,
Chief, Division of Policy, Performance, and
Management Programs, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–28648 Filed 11–28–16; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\29NON1.SGM
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Agencies
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85997-85999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28756]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5913-C-34]
60-Day Notice of Proposed Information Collection: FHA Single
Family Model Mortgage Documents
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Correction; notice.
-----------------------------------------------------------------------
SUMMARY: This notice corrects the document HUD published at 81 FR
84608, November 23, 2016. HUD is amending both paragraphs on page 4.
HUD is seeking approval from the Office of Management and Budget (OMB)
for the information collection described below. In accordance with the
Paperwork Reduction Act, HUD is requesting comment from all interested
parties on the proposed collection of information. The purpose of this
notice is to allow for 60 days of public comment.
DATES: Comments Due Date: January 30, 2017.
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: Colette Pollard, Reports
Management Officer, QDAM, Department of Housing and Urban Development,
451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone
202-402-3400 (this is not a toll-free number) or email at
Colette.Pollard@hud.gov for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Kevin Stevens, 451 7th Street SW.,
Washington, DC 20410; email KevinL.Stevens@hud.gov; or telephone 202-
402-2673. This is not a toll-free number. Persons with hearing or
speech impairments may access this number through TTY by calling the
toll-free Federal Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: FHA Single Family Model Mortgage
Documents.
OMB Approval Number: 2502--New.
Type of Request: Approval of a new collection of information.
Form Number: N/A.
Description of the need for the information and proposed use:
This notice advises of FHA's review and proposed revisions to the
Single Family Model Forward Mortgage document. Similar to FHA's review
of its multifamily mortgage transactional documents, healthcare
facilities transactional documents, and hospital transactional
documents, FHA is reviewing its Single Family mortgage transactional
documents to determine where revisions and updates may be needed. This
notice presents one document that FHA has identified for
[[Page 85998]]
review and update, and additional documents may be the subject of
future notices for comment.
Proposed Changes to the Model Forward Mortgage Document
The following describes the changes proposed to be made to the
Single Family Model Forward Mortgage document, which can be found, with
the proposed changes to the document's terms highlighted, at HUD's Web
site at https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/SFH_policy_drafts.
Forward Mortgage
The majority of the proposed changes are conforming or technical in
nature (e.g., correction of internal references and typographical
errors). Included in this category is the proposed change to Section
19. As provided in FHA's Instructions for Model Mortgages (located at
https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/model_documents) the FHA Model Forward Mortgage document is based
largely on the Federal Home Loan Mortgage Corporation and Federal
National Mortgage Association (the ``Government Sponsored Enterprises''
or ``GSEs'') security instrument covenants, with certain FHA-specific
revisions. When incorporating the GSE covenants into the Model Forward
Mortgage document, the second paragraph of Section 19 was
unintentionally omitted, but reference to that paragraph was retained
in the section heading, resulting in an apparent internal discrepancy
in the Model Forward Mortgage. Because the omission of this paragraph
was not identified as an FHA-Specific Modification (as that term is
used in the Instructions for Model Mortgages), mortgagees have been
free to adopt the analogous GSE covenant provision to resolve this
discrepancy. Therefore, although the proposed change to Section 19
appear substantive, it should bring the Model Forward Mortgage into
closer conformity with current FHA-insured mortgages and industry
standard.
In addition to these technical changes, FHA is proposing one set of
substantive changes to the Model Forward Mortgage, reflected in the
judicial and non-judicial versions of Section 22 (hereinafter
``Sections 22'') and Section 20. Prior to the September, 2014
publication of the current Model Forward Mortgage, the former Model
Forward Mortgage contained the following provision: ``[i]n many
circumstances regulations issued by the Secretary will limit Lender
rights, in the case of payment defaults, to require immediate payment
in full and foreclose if not paid. This Security Instrument does not
authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.'' (hereinafter ``Paragraph 9(d)''). Because Paragraph
9(d) is not necessarily entailed by FHA regulatory or statutory
authority, its omission was a natural consequence of the adoption of
the GSE security instrument covenants. Mortgagees are obliged to
fulfill their contractual and regulatory obligations to the Department,
including commencing foreclosure upon satisfaction of certain
regulatory preconditions, regardless of whether certain of those
obligations are recited in or incorporated by reference into a separate
mortgage contract with a borrower.
Since publication of the current FHA Model Forward Mortgage,
however, FHA has been informed that Paragraph 9(d) has been viewed by
borrowers as providing certain defenses to foreclosure actions, and
has, on occasion, been successfully used to assert such defenses under
circumstances where mortgagees allegedly fail to satisfy certain
preconditions to foreclosure reflected in the Department's regulations.
The Department's regulations form the contract of mortgage insurance
between FHA and the mortgagee, which has always been regarded as
separate and distinct from the private mortgage contract between
mortgagee and borrower. However, the Department also acknowledges the
incidental benefits of incentivizing mortgagee compliance with FHA
requirements by incorporation of a similar, separate contractual right
in the private mortgage contract between the mortgagee and borrower.
The reintroduction of language in the proposed change to Sections 22
similar to that contained in the previous Paragraph 9(d) may serve to
again further this goal.
The Department is also proposing a revision to Section 20, which
generally provides that the borrower is not a third-party beneficiary
to the contract of mortgage insurance between the lender and FHA.
Legally, FHA borrowers have never been deemed third-party beneficiaries
of the mortgage insurance contract between FHA and the mortgagee, and
therefore, have had no authority to enforce any provisions thereof.
However, as reflected in the proposed changes to Sections 22, the
borrower and lender will enjoy contractual rights and obligations under
the private mortgage contract that happen to mirror elements of the
mortgage insurance contract because they both separately rely on HUD's
regulations. By asserting rights under the private mortgage contract,
even those that incorporate elements of the regulations forming the
mortgage insurance contract, borrowers would not be enforcing the
contract of mortgage insurance and FHA regulations as such, but rather
enforcing the private contractual terms incorporated into the mortgage
contract that mirror those regulations.
While aiming to clearly delineate the lines between the private
mortgage contract and the contract of mortgage insurance through the
language contained in Section 20, the Department does not wish to cause
any confusion concerning the borrower's ability to enforce his or her
rights that have been granted through the incorporation of certain
regulatory provisions. Therefore, for clarity, the Department is
proposing a revision to Section 20 that eliminates any confusion
regarding the borrower's ability to assert rights under the private
mortgage contract with the mortgagee as provided in the proposed
changes to Section 22. The proposed revision to Section 20 does not
jeopardize the settled fact that borrowers are not third-party
beneficiaries of the mortgage insurance contract and do not have the
authority to enforce any provisions thereof. This is a consequence of
well-established legal principals governing contractual relationships
and privity, which will remain unchanged notwithstanding the proposed
revision. HUD expects, therefore, that the proposed change renders
Section 20 more apparently consistent with the proposed changes to
Sections 22, but does not intend to create third-party rights under the
mortgage insurance contract.
The following information regarding respondents and number of
responses is based on information related to the actual legal mortgage
document, not the model mortgage document.
Affected Respondents: Businesses or other for-profit.
Estimated Number of Respondents: 2,535.
Estimated Number of Responses: 164,447.
Frequency of Response: On Occasion.
Average Hours per Response: .05.
Total Estimated Burdens: 822 hours.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the
[[Page 85999]]
proper performance of the functions of the agency, including whether
the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to 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.
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Dated: November 23, 2016.
Janet M. Golrick,
Associate General Deputy Assistant, Secretary for Housing Associate
Deputy Federal Housing Commissioner.
[FR Doc. 2016-28756 Filed 11-28-16; 8:45 am]
BILLING CODE 4210-67-P