§ 203.410 - Issue date of debentures.  


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  • § 203.410 Issue date of debentures.

    (a) Conveyed properties, claims without conveyance, pre-foreclosure sales - Where the property is conveyed to the Commissioner, or the mortgagee or other party acquires title to the property under the claim without conveyance procedure or the pre-foreclosure sale procedure, debenture shall be dated:

    (1) If issued prior to September 2, 1964, or issued on or after such date and a certificate of claim is also issued, as of one of the dates as follows:

    (i) The foreclosure proceedings were instituted;

    (ii) The property was otherwise acquired by the mortgagee after default;

    (iii) The property was acquired by the Commissioner, if directly conveyed to the Commissioner from the mortgagor; or

    (iv) The property was acquired after default by a third party under the pre-foreclosure sale procedure.

    (2) If issued on or after September 2, 1964, and a certificate of claim is not issued, as of the date of default as defined in this part.

    (3) As of the day after the date to which mortgage interest is computed as specified in § 203.402a, if the insurance settlement includes an allowance for uncollected interest in connection with a special forbearance.

    (b) Assigned mortgages. Where the mortgage is assigned to the Commissioner, debentures shall be dated as of the date of the assignment.

    (c) Notwithstanding paragraph (a) of this section, in connection with conveyed properties and claims without conveyance, debentures issued as reimbursement for expenditures made by a mortgagee after the date of default shall be dated as of the date the expenditure is actually made by the mortgagee.

    [36 FR 24508, Dec. 22, 1971, as amended at 50 FR 3892, Jan. 29, 1985; 52 FR 1329, Jan. 13, 1987; 59 FR 50145, Sept. 30, 1994; 60 FR 57678, Nov. 16, 1995]