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Subtitle E—Nonjudicial Foreclosure of Defaulted Single
Family Mortgages
SEC. 841. SHORT TITLE.—This subtitle may be cited
as the ‘‘Single Family Mortgage Foreclosure Act of
1994’’.
FINDINGS AND PURPOSE.
SEC. 842. (a) FINDINGS.—The Congress finds that—
(1) disparate State laws under which mortgages
are foreclosed on behalf of the Secretary of Housing
and Urban Development covering one- to four-family
residential properties burden certain programs ad-
ministered by the Secretary, increase the costs of
collecting these obligations, and cause detriment to
the community generally;
(2) long periods to complete the foreclosure of
these mortgages under certain State laws lead to de-
terioration in the condition of the properties in-
volved; necessitate substantial Federal holding ex-
penditures; increase the risk of vandalism, fire loss,
depreciation, damage, and waste with respect to the
properties; and adversely affect the neighborhoods in
which the properties are located;
(3) these conditions seriously impair the Sec-
retary’s ability to protect the Federal financial inter-
est in the affected properties and frustrate attain-
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ment of the objectives of the underlying Federal pro-
gram authority;
(4) the availability of a uniform and more expe-
ditious procedure, with no right of redemption in the
mortgagor or others, for the foreclosure of these
mortgages by the Secretary will tend to ameliorate
these conditions; and
(5) providing the Secretary with a nonjudicial
foreclosure procedure will reduce unnecessary litiga-
tion by removing many foreclosures from the courts
where they contribute to overcrowded calendars.
(b) PURPOSE.—The purpose of this subtitle is to cre-
ate a uniform Federal foreclosure remedy for single family
mortgages that (1) are held by the Secretary of Housing
and Urban Development pursuant to title I or title II of
the National Housing Act or (2) secure loans obligated
by the Secretary under section 312 of the Housing Act
of 1964.
DEFINITIONS
SEC. 843. As used in this subtitle—
(1) ‘‘bona fide purchaser’’ means a purchaser
for value in good faith and without notice of any ad-
verse claim, who will, therefore, acquire the security
property free of any adverse claim;
(2) ‘‘mortgage’’ means a deed of trust, mort-
gage, deed to secure debt, security agreement, or
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any other form of instrument under which any inter-
est in property, real, personal or mixed, or any inter-
est in property including leaseholds, life estates, re-
versionary interests, and any other estates under ap-
plicable State law, is conveyed in trust, mortgaged,
encumbered, pledged, or otherwise rendered subject
to a lien for the purpose of securing the payment of
money or the performance of an obligation;
(3) ‘‘single family mortgage’’ means a mortgage
that covers property on which there is located a one-
to four-family residence, which mortgage—
(A) is held by the Secretary pursuant to
title I or title II of the National Housing Act,
or
(B) secures a loan obligated by the Sec-
retary under section 312 of the Housing Act of
1964, as it existed before its repeal by section
289 of the Cranston-Gonzalez National Afford-
able Housing Act (except that a mortgage se-
curing such a loan that covers property contain-
ing non-residential space and a one- to four-
family dwelling shall not be subject to this Act);
(4) ‘‘mortgage agreement’’ means the note or
debt instrument and the mortgage instrument, deed
of trust instrument, trust deed, or instrument or in-
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struments creating the mortgage, including any in-
strument incorporated by reference therein and any
instrument or agreement amending or modifying any
of the foregoing;
(5) ‘‘mortgagor’’ means the obligor, grantor, or
trustor named in the mortgage agreement and, un-
less the context otherwise indicates, includes the cur-
rent owner of record of the security property wheth-
er or not personally liable on the mortgage debt;
(6) ‘‘owner’’ means any person who has an
ownership interest in property and includes heirs,
devisees, executors, administrators, and other per-
sonal representatives, and trustees of testamentary
trusts if the owner of record is deceased;
(7) ‘‘person’’ includes any individual, group of
individuals, association, partnership, corporation, or
organization;
(8) ‘‘record’’ and ‘‘recorded’’ include ‘‘register’’
and ‘‘registered’’ in the instance of registered land;
(9) ‘‘security property’’ means the property
(real, personal or mixed) or an interest in property
(including leaseholds, life estates, reversionary inter-
ests, and any other estates under applicable State
law), together with fixtures and other interests sub-
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ject to the lien of the mortgage under applicable
State law;
(10) ‘‘State’’ means the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and Indian
tribes as defined by the Secretary;
(11) ‘‘county’’ means county as defined in title
2 of title I, United States Code; and
(12) ‘‘Secretary’’ means the Secretary of Hous-
ing and Urban Development.
APPLICABILITY
SEC. 844. Single family mortgages encumbering real
estate located in any State may be foreclosed by the Sec-
retary in accordance with this subtitle, or pursuant to
other foreclosure procedures available, at the option of the
Secretary.
DESIGNATION OF FORECLOSURE COMMISSIONER
SEC. 845. A foreclosure commissioner or commis-
sioners designated pursuant to this subtitle shall have a
nonjudicial power of sale as provided in this subtitle.
Where the Secretary wishes to foreclose upon a single fam-
ily mortgage, the Secretary may designate a foreclosure
commissioner and, with or without cause, may designate
a substitute foreclosure commissioner to replace a pre-
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viously designated foreclosure commissioner, by executing
a duly acknowledged, written designation stating the name
and business or residential address of the commissioner
or substitute commissioner. The designation shall be effec-
tive upon execution. The foreclosure commissioner, if a
natural person, shall be a resident of the State in which
the security property is located and, if not a natural per-
son, the foreclosure commissioner must be duly authorized
to transact business under the laws of the State in which
the security property is located. The foreclosure commis-
sioner shall be a person who is responsible, financially
sound, and competent to conduct the foreclosure. More
than one foreclosure commissioner may be designated. If
a natural person is designated as foreclosure commissioner
or substitute foreclosure commissioner, such person shall
be designated by name, except that where such person is
designated in his or her capacity as an official or employee
of a government or corporate entity, such person may be
designated by his or her unique title or position instead
of by name.
PREREQUISITES TO FORECLOSURE
SEC. 846. Foreclosure by the Secretary under this
subtitle of a single family mortgage may be commenced,
as provided in section 848, upon the breach of a covenant
or condition in the mortgage agreement for which fore-
closure is authorized under the mortgage, except that no
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such foreclosure may be commenced unless any previously
pending proceeding, judicial or nonjudicial, separately in-
stituted by the Secretary to foreclose the mortgage other
than under this subtitle has been withdrawn, dismissed,
or otherwise terminated. No such separately instituted
foreclosure proceeding on the mortgage shall be instituted
by the Secretary during the pendency of foreclosure pursu-
ant to this subtitle. Nothing in this subtitle shall preclude
the Secretary from enforcing any right, other than fore-
closure, under applicable Federal or State law, including
any right to obtain a monetary judgment. Nothing in this
subtitle shall preclude the Secretary from foreclosing
under this subtitle where the Secretary has obtained or
is seeking any other remedy available pursuant to Federal
or State law or under the mortgage agreement, including,
but not limited to, the appointment of a receiver, mortga-
gee-in-possession status, or relief under an assignment of
rents.
NOTICE OF FORECLOSURE SALE
SEC. 847. The notice of foreclosure sale to be served
in accordance with this subtitle shall be subscribed with
the name and address of the foreclosure commissioner and
the date on which subscribed, and shall set forth the fol-
lowing information:
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provided in such section 849 (except that the minimum
time periods between mailing and the date of foreclosure
sale prescribed in such section shall not apply), or (2) in
any other manner which, in the substitute commissioner’s
sole discretion, is conducive to achieving timely notice of
such substitution.
SERVICE OF NOTICE OF FORECLOSURE
SEC. 849. The foreclosure commissioner shall serve
the notice of foreclosure sale provided for in section 847
upon the following persons and in the following manner,
and no additional notice shall be required to be served,
notwithstanding any notice requirements of any State or
local law:
(1) TIMING.—At least 21 days prior to the date
of the foreclosure sale, the notice of foreclosure sale
required by section 848 of this subtitle shall be filed
in the manner authorized for filing a notice of an ac-
tion concerning real property according to the law of
the State where the security property is located or,
if none, in the manner authorized by section 3201
of title 28, United States Code.
(2) NOTICE
BY
MAIL.—The notice of fore-
closure sale shall be sent by certified or registered
mail, postage prepaid and return receipt requested
to the following:
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(A) The current security property owner of
record, as the record exists 45 days before the
date originally set for foreclosure sale, whether
or not the notice describes a sale adjourned as
provided in this subtitle.
(B) All mortgagors of record or other per-
sons who appear of record or in the mortgage
agreement to be liable for part or all of the
mortgage debt, as the record exists 45 days be-
fore the date originally set for foreclosure sale,
whether or not the notice describes a sale ad-
journed as provided in this subtitle, except any
such mortgagors or persons who have been re-
leased.
(C) All dwelling units in the security prop-
erty, whether or not the notice describes a sale
adjourned as provided in this subtitle.
(D) All persons holding liens of record
upon the security property, as the record exists
45 days before the date originally set for fore-
closure sale, whether or not the notice describes
a sale adjourned as provided in this subtitle.
Notice under clauses (A) and (B) of this paragraph
shall be mailed at least 21 days before the date of
foreclosure sale, and shall be mailed to the owner or
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mortgagor at the last known address of the owner
or mortgagor, or, if none, to the address of the secu-
rity property, or, at the discretion of the foreclosure
commissioner, to any other address believed to be
that of such owner or mortgagor. Notice under
clause (C) of this paragraph shall be mailed at least
21 days before the date of foreclosure sale. If the
names of the occupants of the security property are
not known to the Secretary, or the security property
has more than one dwelling, the notice shall be post-
ed at the security property at least 21 days prior to
the foreclosure sale. Notice under clause (D) of this
paragraph shall be mailed at least 21 days before
the date of foreclosure sale, and shall be mailed to
each such lienholder’s address as stated of record or,
at the discretion of the foreclosure commissioner, to
any other address believed to be that of such
lienholder. Notice by mail pursuant to this sub-
section or section 848(b) shall be deemed duly given
upon mailing, whether or not received by the ad-
dressee and whether or not a return receipt is re-
ceived or the letter is returned.
(3) PUBLICATION.—A copy of the notice of de-
fault and foreclosure sale shall be published, as pro-
vided herein, once a week during three successive
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calendar weeks before the sale date. Such publica-
tion shall be in a newspaper or newspapers having
general circulation in the county or counties in
which the security property being sold is located. To
the extent practicable, the newspaper or newspapers
chosen shall be a newspaper or newspapers, if any
is available, having circulation conducive to achiev-
ing notice of foreclosure by publication. A legal
newspaper that is accepted as a newspaper of legal
record in the county or counties in which the secu-
rity property being sold is located shall be considered
a newspaper having general circulation for the pur-
poses of this paragraph. Should there be no news-
paper published at least weekly which has a general
circulation in one of the counties in which the secu-
rity property being sold is located, copies of the no-
tice of default and foreclosure sale shall be posted at
the courthouse of any county or counties in which
the security property is located and at the place
where the sale is to be held at least 21 days before
the date of sale.
PRESALE REINSTATEMENT
SEC. 850. (a) Except as provided in sections 848(b)
and 851(c), the foreclosure commissioner shall withdraw
the security property from foreclosure and cancel the fore-
closure sale only if—
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(1) the Secretary so directs the commissioner
prior to or at the time of sale;
(2) the commissioner finds, upon application of
the mortgagor at least three days before the date of
sale, that the default or defaults upon which the
foreclosure is based did not exist at the time of serv-
ice of the notice of default and foreclosure sale; or
(3)(A) in the case of a foreclosure involving a
monetary default, there is tendered to the fore-
closure commissioner before public auction is com-
pleted the entire amount of principal and interest
which would be due if payments under the mortgage
had not been accelerated;
(B) in the case of a foreclosure involving a
nonmonetary default, the foreclosure commissioner,
upon application of the mortgagor before the date of
foreclosure sale, finds that such default is cured; and
(C) there is tendered to the foreclosure commis-
sioner before public auction is completed all amounts
due under the mortgage agreement (excluding addi-
tional amounts which would have been due if mort-
gage payments had been accelerated), all amounts of
expenditures secured by the mortgage, and all costs
of foreclosure incurred for which payment from the
proceeds of foreclosure is provided in section 852,
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except that the Secretary shall have discretion to
refuse to cancel a foreclosure pursuant to this para-
graph if the current mortgagor or owner of record
has on one or more previous occasions caused a fore-
closure of the mortgage, commenced pursuant to
this subtitle or otherwise, to be canceled by curing
a default.
(b) Before withdrawing the security property from
foreclosure in the circumstances described in subsection
(a)(2) or (a)(3), the foreclosure commissioner shall afford
the Secretary a reasonable opportunity to demonstrate
why the security property should not be so withdrawn.
(c) In any case in which a foreclosure commenced
under this subtitle is canceled, the mortgage shall continue
in effect as though acceleration had not occurred.
(d) If the foreclosure commissioner cancels a fore-
closure sale under this subtitle a new foreclosure may be
subsequently commenced as provided in this subtitle.
(e) The foreclosure commissioner shall file a notice
of cancellation in the same place and manner provided for
filing the notice of foreclosure sale in section 849.
CONDUCT OF SALE; ADJOURNMENT
SEC. 851. (a) Foreclosure sale pursuant to this sub-
title shall be at public auction, and shall be scheduled to
begin between the hours of 9 o’clock ante meridiem and
4 o’clock post meridiem local time. The foreclosure sale
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shall be held at a location specified in the notice of default
and foreclosure sale, which shall be a location where fore-
closure real estate auctions are customarily held in the
county or one of the counties in which the property to be
sold is located, or at a courthouse therein, or at or on
the property to be sold. Sale of security property situated
in two or more counties may be held in any one of the
counties in which any part of the security property is situ-
ated. The foreclosure commissioner may designate the
order in which multiple tracts of security are sold.
(b) The foreclosure commissioner shall conduct the
foreclosure sale in accordance with the provisions of this
subtitle and in a manner fair to both the mortgagor and
the Secretary. Written one-price sealed bids shall be ac-
cepted by the foreclosure commissioner from the Secretary
and other persons for entry by announcement by the com-
missioner at the sale. The Secretary and any other person
may bid at the foreclosure sale, including the Secretary
or any other person who has submitted a written one-price
bid. The foreclosure commissioner or any relative, related
business entity, or employee of such commissioner or en-
tity shall not be permitted to bid in any manner on the
security property subject to foreclosure sale, except that
the foreclosure commissioner or an auctioneer may be di-
rected by the Secretary to enter a bid on the Secretary’s
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behalf. The foreclosure commissioner may serve as auc-
tioneer, or, in accordance with regulations of the Sec-
retary, may employ an auctioneer to be paid from the com-
mission provided for in section 852(5).
(c) The foreclosure commissioner shall have discre-
tion, prior to or at the time of sale to adjourn or cancel
the foreclosure sale if the commissioner determines, in the
commissioner’s discretion, that circumstances are not con-
ducive to a sale which is fair to the mortgagor and the
Secretary or that additional time is necessary to determine
whether the security property should be withdrawn from
foreclosure as provided in section 850. The foreclosure
commissioner may adjourn a sale to a later hour the same
day by announcing or posting the new time and place of
the foreclosure sale, or may adjourn the foreclosure sale
for not less than 9 nor more than 31 days, in which case
the commissioner shall serve a notice of default and fore-
closure sale revised to recite that the foreclosure sale has
been adjourned to a specified date and to include any cor-
rections the foreclosure commissioner deems appropriate.
Such notice shall be served by publication and mailing in
accordance with section 849, except that publication may
be made on any of 3 separate days before the revised date
of foreclosure sale, and mailing may be made at any time
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at least 7 days before the date to which the foreclosure
sale has been adjourned.
(d) The foreclosure commissioner may require a bid-
der to make a cash deposit in an amount or percentage
set by him and stated in the notice of foreclosure sale be-
fore the bid is accepted. A successful bidder at the fore-
closure sale who fails to comply with the terms of the sale
may be required to forfeit the cash deposit or, at the elec-
tion of the foreclosure commissioner after consultation
with the Secretary, shall be liable to the agency incurred
by the agency as a result of such failure.
(e) Any foreclosure sale held in accordance with this
subtitle shall be conclusively presumed to have been con-
ducted in a legal, fair, and reasonable manner. The sale
price shall be conclusively presumed to be reasonable and
equal to the fair market value of the property.
FORECLOSURE COSTS
SEC. 852. The following foreclosure costs shall be
paid from the sale proceeds before satisfaction of any
claim to such sale proceeds:
(1) Necessary advertising costs and postage in-
curred in giving notice pursuant to sections 849 and
851.
(2) Mileage for posting notices and for the fore-
closure commissioner’s or auctioneer’s attendance at
the sale as provided in section 1921 of title 28,
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United States Code, for mileage by the most reason-
able road distance.
(3) Reasonable and necessary costs actually in-
curred in connection with any necessary search of
title and lien records.
(4) Necessary our-of-pocket costs incurred by
the foreclosure commissioner to record documents.
(5) A commission for the foreclosure commis-
sioner other than an employee of the United States
for the conduct of the foreclosure to the extent au-
thorized by the Secretary.
DISPOSITION OF SALE PROCEEDS
SEC. 853. Money realized from a foreclosure
sale shall be made available for obligation and ex-
penditure—
(1) first, to cover the costs of foreclosure pro-
vided for in section 852;
(2) then, to pay valid tax liens or assessments
if required by the notice of foreclosure sale;
(3) then, to pay any liens recorded before the
recording of the mortgage which are required to be
paid in conformity with the terms of sale in the no-
tice of foreclosure sale;
(4) then, to service charges and advancements
for taxes, assessments, and property insurance pre-
miums;
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(5) then, to the interest;
(6) then, to the principal balance secured by the
mortgage (including expenditures for the necessary
protection, preservation, and repair of the security
property as authorized under the mortgage agree-
ment and interest thereon if provided for in the
mortgage agreement); and
(7) then, to late charges.
Any surplus after payment of the foregoing shall be paid
to holders of liens recorded after the mortgage in the order
of priority under Federal law or the law of the State where
the security property is located and then to the appro-
priate mortgagor. If the person to whom such surplus is
to be paid cannot be located, or if the surplus available
is insufficient to pay all claimants and the claimants can-
not agree on the allocation of the surplus, or if any person
claiming an interest in the mortgage proceeds does not
agree that some or all of the sale proceeds should be paid
to a claimant as provided in this section, that part of the
sale proceeds in question may be deposited by the fore-
closure commissioner with an appropriate official or court
authorized under law to receive disputed funds in such cir-
cumstances. If such a procedure for the deposit of dis-
puted funds is not available, and the foreclosure commis-
sioner files a bill of interpleader or is sued as a stakeholder
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to determine entitlement to such funds, the foreclosure
commissioner’s necessary costs in taking or defending
such action shall be deductible from the disputed funds.
TRANSFER OF TITLE AND POSSESSION
SEC. 854. (a) The foreclosure commissioner shall de-
liver a deed or deeds to the purchaser or purchasers with-
out warranty or covenants to the purchaser or purchasers
and obtain the balance of the purchase price in accordance
with the terms of sale provided in the notice of default
and foreclosure sale. Notwithstanding State law to the
contrary, the commissioner’s deed shall be a conveyance
of property, and no judicial proceeding shall be required
ancillary or supplementary to the procedures provided in
this subtitle to assure the validity of the conveyance or
confirmation of such conveyance.
(b) A purchaser at a foreclosure sale held pursuant
to this subtitle shall be entitled to possession upon passage
of title to the mortgaged property, subject to an interest
or interests not barred under section 856. Any person re-
maining in possession after the passage of title shall be
deemed a tenant at sufferance subject to eviction under
local law.
(c) If a purchaser dies before execution and delivery
of the deed conveying the property to the purchaser, the
foreclosure commissioner shall execute and deliver the
deed to the representative of the purchaser’s estate upon
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payment of the purchase price in accordance with the
terms of sale. Such delivery to the representative of the
purchaser’s estate shall have the same effect as if accom-
plished during the lifetime of the purchaser.
(d) The purchaser of property under this subtitle
shall be presumed to be a bona fide purchaser without no-
tice of defects, if any, in the title conveyed to said pur-
chaser if the purchaser would have been considered a bona
fide purchaser without notice had the sale been made vol-
untarily and in person by the debtor.
(e) There shall be no right of redemption, or right
of possession based upon right of redemption, in the mort-
gagor or others subsequent to a foreclosure pursuant to
this subtitle. Section 204(l) of the National Housing Act
and section 701 of the Department of Housing and Urban
Development Reform Act of 1989 shall not apply to mort-
gages foreclosed under this subtitle.
(f) When conveyance is made to the Secretary, no tax
shall be imposed or collected with respect to the fore-
closure commissioner’s deed, whether as a tax upon the
instrument or upon the privilege of conveying or transfer-
ring title to the property. Failure to collect or pay a tax
of the type and under the circumstances stated in the pre-
ceding sentence shall not be grounds for refusing to record
such a deed, for failing to recognize such recordation as
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imparting notice, or for denying the enforcement of such
a deed and its provisions in any State or Federal court.
RECORD OF FORECLOSURE AND SALE
SEC. 855. (a) To establish a sufficient record of fore-
closure and sale, the foreclosure commissioner shall in-
clude in the recitals of the deed to the purchaser or pre-
pare an affidavit or addendum to the deed stating—
(1) the date, time and place of sale;
(2) that the mortgage was held by the Sec-
retary, the date of the mortgage, the office in which
the mortgage was recorded, and the liber and folio
or other description of the recordation of the mort-
gage;
(3) the particulars of the foreclosure commis-
sioner’s service of notice of default and foreclosure
sale in accordance with sections 849 and 851;
(4) the date and place of filing the notice of
foreclosure sale;
(5) that the foreclosure was conducted in ac-
cordance with the provisions of this subtitle and with
the terms of the notice of default and foreclosure
sale; and
(6) the sale amount.
(b) The statements set forth in subsection (a) shall
be prima facie evidence of the truth of such recitals and
statement of facts in any Federal or State court; and shall
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be a conclusive presumption in favor of bona fide pur-
chasers and encumbrancers for value without notice. En-
cumbrancers for value include liens placed by lenders who
provide the purchaser with purchase money in exchange
for a security interest in the newly-conveyed property.
(c) The deed executed by the foreclosure commis-
sioner, the foreclosure commissioner’s affidavit and any
other instruments submitted for recordation in relation to
the foreclosure of the security property under this subtitle
shall be accepted for recordation by the registrar of deeds
or other appropriate official of the county or counties in
which the security property is located upon tendering of
payment of the usual recording fees for such instruments
without regard to the compliance of those instruments
with local filing requirements.
EFFECT OF SALE
SEC. 856. A sale, made and conducted as prescribed
in this subtitle to a bona fide purchaser, shall be an entire
bar of all claims upon, or with respect to, the property
sold, of each of the following persons:
(1) Any person to whom the notice of fore-
closure sale was mailed as provided in this subtitle,
and the heir, devisee, executor, administrator, suc-
cessor or assignee claiming under any such person.
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(2) Any person claiming any interest in the
property subordinate to that of the mortgage, if such
person had actual knowledge of the sale.
(3) Each person, claiming any interest in the
property, whose assignment, mortgage, or other con-
veyance was not duly recorded or filed in the proper
place for recording or filing, or whose judgment or
decree was not duly docketed or filed in the proper
place for docketing or filing, prior to the date on
which the notice of sale was first served by publica-
tion, as required by section 849(2); and the execu-
tor, administrator, or assignee of such a person.
(4) Every other person claiming under a statu-
tory lien or encumbrance created subsequent to the
recording or filing of the mortgage being foreclosed,
attaching to the title or interest of any person des-
ignated in any of the foregoing subsections of this
section.
COMPUTATION OF TIME
SEC. 857. Periods of time provided for in this subtitle
shall be calculated in consecutive calendar days including
the day or days on which the actions or events occur or
are to occur for which the period of time is provided and
including the day on which an event occurs or is to occur
from which the period is to be calculated.
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SEPARABILITY
SEC. 858. If any clause, sentence, paragraph, or part
of this subtitle shall, for any reason, be adjudged by a
court of competent jurisdiction to be invalid or invalid as
applied to a class of cases, such judgment shall not affect,
impair, or invalidate the remainder thereof and of this
subtitle, but shall be confined in its operation to the
clause, sentence, paragraph, or part thereof directly in-
volved in the controversy in which such judgment shall
have been rendered.
DEFICIENCY JUDGMENT
SEC. 859. (a) IN GENERAL.—If after deducting the
disbursements provided for in section 853 of this subtitle,
the price at which the security property is sold at a fore-
closure sale is less than the unpaid balance of the debt
secured by the security property, resulting in a deficiency,
the Secretary may refer the matter to the Attorney Gen-
eral who may commence an action or actions against any
or all debtors to recover the deficiency, unless specifically
prohibited by the mortgage. The United States is also en-
titled to recover any amount authorized by section 3011
of title 28, United States Code, and costs of the action.
(b) LIMITATION.—Any action commenced to recover
the deficiency must be brought within 6 years of the last
sale of the security property.
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TITLE IX—MISCELLANEOUS AMENDMENTS
OFHEO ASSESSMENT COLLECTION DATES
SEC. 901. Section 1316(b) of the Housing and Com-
munity Development Act of 1992 is amended by striking
out paragraph (2) and inserting in lieu thereof the follow-
ing:
‘‘(2) TIMING OF PAYMENT.—The annual assess-
ment shall be payable semiannually for each fiscal
year, on October 1st and April 1st.’’.
LEAD-BASED PAINT TECHNICAL ASSISTANCE
AMENDMENTS
SEC. 902. (a) Section 1011(g) of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 is
amended—
(1) in paragraph (1)—
(A) first sentence, by inserting immediately
before the period a comma and ‘‘by providing
technical assistance, either directly, or indirectly
under contracts or otherwise’’; and
(B) by striking out the second sentence;
and
(2) by striking out paragraph (2) and inserting
in lieu thereof the following:
‘‘(2) SET-ASIDE.—Of the total amount ap-
proved in appropriation Acts under subsection (p),
there shall be set aside to carry out this subsection
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$5,000,000 for fiscal year 1995 and $5,000,000 for
fiscal year 1996.’’.
(b) Section 1052 of such Act is amended by inserting
immediately after ‘‘other Federal agencies,’’ the following:
‘‘either directly, or indirectly under contract or other-
wise,’’.
(c) Strike out section 1053 of such Act, and insert
in lieu thereof the following:
‘‘SEC. 1053. OTHER RESEARCH AND ASSISTANCE ACTIVI-
TIES.
‘‘The Secretary is authorized to use funding that may
be available to carry out this part to undertake, either di-
rectly, or indirectly under contract or otherwise, pursuant
to title V, Housing and Urban Development Act of 1970
(12 U.S.C. 1701z–1), such studies, tests (including but
not limited to pilot tests of new or revised programs), eval-
uations, demonstrations, education of the public, and
preparation of training materials, as are consistent with
the purposes of this Act.
‘‘SEC. 1054. AUTHORIZATION.
‘‘Of the total amount approved in appropriation Acts
under section 1011(p), there shall be set aside to carry
out this part $10,000,000 for fiscal year 1995 and
$10,000,000 for fiscal year 1996.’’.
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LEAD-BASED PAINT TARGET HOUSING HAZARD
REDUCTION PROGRAM
SEC. 903. Section 1011(p) of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 is amended
to read as follows:
‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this Act, there are authorized to
be appropriated $100,000,000 for fiscal year 1995 and
$100,000,000 for fiscal year 1996.’’.
HUD RESEARCH AND DEVELOPMENT
SEC. 904. The second sentence of section 501 of the
Housing and Urban Development Act of 1970 (12 U.S.C.
1701z–1) is amended to read as follows: ‘‘There are au-
thorized to be appropriated to carry out this title
$40,000,000 for fiscal year 1995 and $40,000,000 for fis-
cal year 1996.’’.
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