[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Notices]
[Pages 55647-55648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27571]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3950-N-06]
Announcement of OMB Approval Number; Notice of Application--
Foreclosure Commissioners
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice of application--foreclosure commissioners; announcement
of the Office of Management and Budget (OMB) approval number.
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SUMMARY: The purpose of this document is to announce the OMB approval
number for the information collection requirements in the notice of
application for foreclosure commissioners applying under the Single
Family Mortgage Foreclosure Act of 1994.
FOR FURTHER INFORMATION CONTACT:
Bruce S. Albright, Office of General Counsel, U.S. Department of
Housing and Urban Development, Room 9240, Washington, DC 20410, (202)
708-0080. A telecommunications device for the hearing impaired (TTY) is
available at (202) 708-3259. (These are not toll free numbers.)
SUPPLEMENTARY INFORMATION: On November 27, 1995 (60 FR 58442), the
Department published in the Federal Register, a notice that requested
applications from parties who seek approval to act as foreclosure
commissioners under the Single Family Mortgage Foreclosure Act of 1994
(the ``Act''), 12 U.S.C. 3751-3768. The document--titled, ``Notice of
Application--Foreclosure Commissioners''--indicated that information
collection requirements contained in the notice had been submitted to
the Office of Management and Budget for emergency review and approval
under section 3507 of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), and that when approved, the OMB control number would be
announced by separate notice in the Federal Register. Notice of the
emergency OMB approval was published on December 7, 1995 (60 FR 62876).
On December 20, 1995 (60 FR 65662) and May 28, 1996 (61 FR 26526),
HUD published notices soliciting comments for the purpose of obtaining
regular, non-emergency OMB approval for the Notice of Application--
Foreclosure Commissioners.
This present document provides notice of the regular, non-emergency
OMB approval number. Accordingly, the control number approved by the
Office of Management and Budget in accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520) for the Notice of
Application--Foreclosure Commissioners is 2510-0012. This approval
number expires on July 31, 1999. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless the collection displays a valid control number.
For the convenience of applicants and other interested parties,
this notice provides the information collection requirements of the
Notice of Application--Foreclosure Commissioners, which are as follows:
The requested information will be used to determine if an applicant
is responsible, financially sound, and competent to conduct a
foreclosure. Each party submitting an application will be notified if
its application has been accepted or rejected. All parties whose
applications are accepted will be placed on a list of designated
commissioners approved to act in a specific geographic area. When HUD
determines that a particular mortgage should be foreclosed under the
Act, the case will be referred to a designated foreclosure commissioner
for foreclosure. Designation as a
[[Page 55648]]
commissioner, however, does not necessarily provide any assurance that
all commissioners so designated will subsequently have cases referred
by HUD for foreclosure. Also, in some States HUD may decide to continue
to foreclose under State law or other Federal law.
Each party seeking designation as a foreclosure commissioner must
submit the current information, as listed below, to HUD's Field
Assistant General Counsel serving the geographic area in which the
party proposes to serve as commissioner.
Current Information to be Submitted
1. Name.
2. Business address.
3. Geographic area in which the applicant wishes to conduct
foreclosures. (List only States or areas in States in which the
applicant is a resident or is duly authorized to transact business.)
4. If the applicant is not a natural person, the names and business
addresses of the people who would actually perform the commissioner's
duties.
5. Description of the applicant's experience in conducting mortgage
foreclosures or in related activities which would qualify the applicant
to serve as a foreclosure commissioner.
6. Evidence of the applicant's financial responsibility.
Any party that has been designated as a foreclosure commissioner
for HUD-held multifamily mortgages may submit a letter to the
appropriate Field Assistant General Counsel requesting designation as a
foreclosure commissioner for single family mortgages. This letter of
interest would be acceptable in lieu of the preceding information,
unless any of the information requires updating.
In addition, 5 CFR Sec. 1320.8(b)(3) requires that each collection
of information informs and provides to the potential persons to whom
the information collection is addressed the following:
(i) Reason for the information collection. The information is being
collected for HUD's selection of foreclosure commissioners who will
satisfy the statutory requirements [Section 3754(c) of the Single
Family Mortgage Foreclosure Act of 1994 (``Act'')] to be ``responsible,
financially sound and competent to conduct a foreclosure.''
(ii) How HUD will use the information. The information will be used
by HUD to determine that applicants that are to be designated as
foreclosure commissioners meet the statutory requirements of the Act.
(iii) Estimate of the average burden of the collection. The average
burden of this data collection is expected to be thirty minutes per
response for the compilation and mailing of the requested information
to the HUD Field Assistant General Counsel. Send comments regarding
this burden estimate and any suggestions for reducing this burden to
Kay F. Weaver, Reports Management Officer, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 4176, Washington, DC
20410.
(iv) Whether submission of information is voluntary, mandatory, or
required to obtain or retain a benefit, and legal authority. Submission
of this information is required in order to obtain a designation as a
foreclosure commissioner under the Single Family Mortgage Foreclosure
Act of 1994.
(v) Nature and extent of confidentiality to be provided (if any).
The information requested does not lend itself to confidentiality.
Dated: October 21, 1996.
Nelson A. Diaz,
General Counsel.
[FR Doc. 96-27571 Filed 10-25-96; 8:45 am]
BILLING CODE 4210-01-M