4 All HUD Approved Mortgagees 4330.4 REV-1

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U.S.

Department of Housing and Urban Development

H O U S I N G

_______________________________________________________________________
____

Special Attention of: Transmittal for Handbook No.:


4330.4 REV-1 CHG-1
All Approved Mortgagees
(ATTN: Servicing Managers) Issued: April 28, 1995
Directors of Housing
Directors of Single Family Housing Divisions
Supervisory Single Family Loan Specialists
Property Disposition Chiefs, Single Family
_______________________________________________________________________
____

1. This Transmits
CHANGE 1 to Handbook 4330.4 REV-1, "FHA Single
Family Insurance Claims," dated September 23, 1994.

2. Explanation of Material Transmitted:

This CHANGE transmits a number of nonsubstantive corrections


and updatings to the Revision 1 of the Handbook.

a) On Page 1-7, Paragraph 1-5B is revised to reflect that,


in accordance with the Final Rule issued September 30,
1994 (59 FR 49813 ff.) and Mortgagee Letter 95-9, FHA
debentures are now issued in book-entry form and in the
full amount of the settlement.

b) On Page 1-10, Paragraph 1-6F.1 is revised to refer


mortgagees to Paragraph 2-2A for a full discussion of
extensions to the deadline to initiate foreclosure when
a bankruptcy stay or State law delays the initiation of
foreclosure.

c) Page 1-19 is reprinted to delete a duplication of a


half-page of text from the previous page, and to
provide a half-page of text that had been omitted.

d) Pages 1-25 and 7-6 are revised in accordance with


Mortgagee Letter 95-10, which provides the new
addresses to which remittances accompanying
Supplemental claims are sent.

e) The spelling of "assigns" is corrected on Pages 2-15


and 3-3.

f) Explanations of Items 2 and 3 on the claim form are


revised to clarify how FHA Case Numbers are to be
entered on the claim, whether the claim is submitted on
paper or through electronic data interchange (EDI).
f) Explanations of Items 2 and 3 on the claim form are
revised to clarify how FHA Case Numbers are to be
entered on the claim, whether the claim is submitted on
paper or through electronic data interchange (EDI).

g) The name of Item 33 of the claim form, Form HUD-27011,


has been revised to include "SSN" (Mortgagor's Social
Security Number) to conform to existing claims
instructions for this item. See replacement Page 1 of
the HUD-27011 (Appendix 1). Each reference to the name
_______________________________________________________________________
____

HSISI: Distribution: W-3-1,W-2(H)(OGC)(Z),W-3(A)(H)(ZAS)(ZAOO),W-


4(H),
R-1,R-2,R-3-1(H)(RC),R-3-2,R-3-3,R-6,R-6-2,R-7
,
R-7-2,R-8

Security Number) to conform to existing claims


instructions for this item. See replacement Page 1 of
the HUD-27011 (Appendix 1). Each reference to the name
of Item 33 has likewise been revised.

3. Filing Instructions: In Handbook 4330.4 REV-1,

Remove: Insert:

Pages 1-7 through 1-10, Pages 1-7, 1-10, 1-19, 1-25,


1-19 and 1-20, 2-15, 2-48, 2-57, 3-3, 3-12,
1-25 and 1-26, 3-20, 4-8, 4-14, 5-14, 6-12,
2-15 and 2-16, 6-18, 7-6, 7-8, 8-11 and 8-16
2-47 and 2-48, dated 5/95, and
2-57 and 2-58, Pages 1-8, 1-9, 1-20, 1-26,
3-3 and 3-4, 2-16, 2-47, 2-58, 3-4, 3-11,
3-11 and 3-12, 3-19, 4-7, 4-13, 5-13, 6-11,
3-19 and 3-20, 6-17, 7-5, 7-7, 8-12 and 8-15
4-7 and 4-8, dated 9/94, and
4-13 and 4-14, Page 1 of 7 (dated 5/95) of
5-13 and 5-14, Appendix 1 and Page 2 of 7 of
6-11 and 6-12, Appendix 1.
6-17 and 6-18,
7-5 through 7-8,
8-11 and 8-12,
8-15 and 8-16 (all dated 9/94)
and Pages 1 and 2 of 7 of
Appendix 1 of
Handbook 4330.4 REV-1 dated
September 23, 1994.

___________________________________
Nicolas P. Retsinas,
Assistant Secretary for Housing-
Federal Housing Commissioner

U.S. Department of Housing and Urban Development


H O U S I N G

Special Attention of:

All Approved Mortgagees, Transmittal for Handbook No.: 4330.4


REV-1
(ATTN: Servicing Managers (Single Family))
Directors of Housing Issued: September 23, 1994
Directors, Housing Management Divisions
Field Office Managers/Chiefs
Supervisory Single Family Loan Specialists
Property Disposition Chiefs, Single Family

1. This Transmits Handbook 4330.4, "FHA Single Family Insurance Claims"


REV-1.

2.Explanation:

This revision incorporates the regulatory amendments that were


published in the Federal Register on October 20, 1992, the Mortgagee
letters relating to single family insurance claims that were not
incorporated in Handbook 4330.4 dated November 10, 1992, and provides
some additional clarifications. It is important that this revision be
transmitted to your "Single Family Servicing Managers" since it
contains a major update.

The following identifies significant changes for your attention:

(1) In Chapter 1:
a.In Paragraph 1-2A the items to be added to Form HUD-27011
(dated 12/84) have been deleted because Form HUD-27011 was
reprinted on 5/93 incorporating the changes. If the 12/84
form is used, the additions should be made.

b.An additional paragraph on claim accuracy was added as


paragraph 1-2E.

c.Additional instructions have been added to paragraph 1-2C


requiring a copy of a transmittal form when courier mail is
utilized.

d.Information relating to the Payment Advice Letter was


added
to paragraph 1-3.

e.Information relating to the interactive voice response


capability was added to paragraph 1-4.

f.The time within which foreclosure must be initiated was


reduced from one year after the date of default to nine
months after the date of default in paragraph 1-6F as
required in the October 20, 1992 regulatory amendment. A
similar change was made in other paragraphs wherever it
appears.

g.Revised procedures relating to claiming Attorney fees


contained in Mortgagee Letter 94-24 have been added to
paragraph 1-10.

h.The new regulatory provisions relating to reimbursement on


reconveyance of property and the payment of insurance
benefits on reapplication after reconveyance were added to
paragraph 1-14.

(2) In Chapter 2:
a.The new regulatory requirement for initiation of mortgage
foreclosure on vacant or abandoned property was added to
paragraph 2-2A. Additional instructions relating to
foreclosure initiation and prohibition of foreclosure were
also added to paragraph 2-2.

b.The new regulatory requirements relating to the time of


conveyance of property to HUD was added to paragraph 2-2D.

c.Clarifying language was added to paragraph 2-2D.6 allowing


for a mailing date in item 11 for directly conveyed
deeds-in-lieu.

d.Clarifying language was added to paragraph 2-4.

e.Failure to initiate foreclosure on a timely basis where


the
property is vacant or abandoned was added to the causes for
curtailment of interest in paragraph 2-5C.

f.The new regulatory provisions that HUD's decision as to


the
acceptability of title will be final was added to paragraph
2-6B.

g.The new regulatory provision relating to the correction of


defective title was added to paragraph 2-6D.

h.The increased compensation for deeds-in-lieu of


foreclosure
was added to paragraph 2-7.

i.The new regulatory provision related to the conveyance of


damaged property without notice was added to paragraph 2-10.

j.The required certificate of property condition was added


as
paragraph 2-10D.

k.The new regulatory provision limiting the reimbursement


for
protection and preservation costs if the property was not
timely conveyed was added to paragraph 2-11A.

l.Provisions were added to paragraph 2-13B instructing


mortgagees to seek hazard insurance proceeds and the method
of reporting proceeds.
m.Instructions contained in Mortgagee Letter 92-21 relating
to
the bankruptcy of the mortgagor were added to paragraph
2-17.

n.Instructions relating to the "Special Foreclosure


Checklist"
were added to paragraph 2-20.

(3) In all Chapter 7:


a.Instructions contained in Mortgagee Letter 94-24 regarding
supplemental claims have been incorporated.

(4) In all Chapters:


a.An additional instruction was added to Item 22 of the
claim
form.

b.The regulation citation in Item 25 was changed to comply


with the regulatory amendment.

c.Instructions relating to claims for debenture interest


were
added to Items 409 and 410.

(Asterisks (*) have been placed in the right and left hand margins on
each
page or pages where a correction or addition has been made).

Filing Instructions:

Remove Insert
Handbook 4330.4 Handbook 4330.4 REV-
1
dated November 1992 dated
September 1994

_______________________________________
Assistant Secretary
for Housing -
Federal Housing Commission

Handbook4330.4 REV-1

U.S. Department of Housing and Urban Development


Washington, D.C. 20410

Program Participants

and Departmental

Staff

"FHA Single
SEPTEMBER 1994 Family Insurance

Claims"

HSIS: Distribution: W-3-1,W-2(H),W-3(A)(H)(OGC)


EQUAL HOUSING (ZAS),W-4(H),R-1,R-2,R-3,R-3-1,R-3-2,R-3-3,R-6,
OPPORTUNITY R-6-1,R-6-2,R-7,R-7-1,R-8

FOREWORD4330.4

FOREWORD

The Department of Housing and Urban Development (HUD) is


authorized by the National Housing Act to insure approved single
family housing mortgages made by HUD-approved lending institutions
(mortgagees). A valid Mortgage Insurance Certificate executed by HUD
shall be conclusive evidence of contract of mortgage insurance, and
the validity of any contract so executed shall be incontestable in the
hands of an approved mortgagee except for fraud or misrepresentation
by such mortgagee.

When it becomes necessary for mortgagees to apply for


benefits
under this insurance program, HUD attempts to pay all properly filed
claims quickly, fairly and accurately. In order to accomplish this,
HUD implemented an automated payment system for claiming Federal
Housing Administration (FHA) single family mortgage insurance
benefits. The system is designed to speed the payment of mortgagee's
claims, reduce paperwork burdens, enhance the level of control and
improve service.

Mortgagees do not furnish receipts for expenses with their


initial application for benefits, but are required to maintain a
complete claim file that fully supports their claim. The claim file
must contain all receipts, records, accounts and any other
documentation necessary to verify the accuracy of the claim and is
subject to audit by the Department. HUD has developed quality
assurance requirements for mortgagees to follow in the claim
preparation and submission process. Mortgagees are expected to comply
*with these requirements and use care in preparing their claims for
insurance benefits. When submitting claims for benefits, HUD requires
that an official of the mortgagee sign the claim certifying that all
information and statements contained in the claim are true and
correct. Mortgagees must ensure that all staff involved in the
preparation of the claim understand the importance of that
certification. The claim payment process relies on the accuracy of
the claim application; any inaccurate information entered for the
purpose of avoiding an interest curtailment or obtaining unauthorized
insurance benefits is considered a serious breach of the contract of
insurance.*

This Handbook 4330.4 REV-1, FHA Single Family Insurance Claims,


incorporates all outstanding single family claim policy listed on
pages I through IV and is designed to provide easy-to-use instructions
for the submission of FHA single family insurance claims (except for
Home Equity Conversion Mortgages). The handbook provides instructions
for the preparation and submission of Form HUD-27011, Single Family
*Application for Insurance Benefits, and the actions to be taken (e.g.,
conveying property or assigning the mortgage to HUD) in order to
obtain insurance benefits. It does not purport to describe
requirements for the origination or servicing of insured mortgages,*
except to the extent that such requirements affect the application for
and payment of insurance benefits.

DEFINITIONS.

Unless otherwise noted, the following definitions are applicable


throughout
this Handbook:

EXPRESSION DEFINITION

24 CFRTitle 24 Code of Federal Regulations for


Housing and Urban Development

CAFMVCommissioner's Adjusted Fair Market Value

CHUMSComputerized Homes Underwriting Management


System

CWCOTClaims Without Conveyance of Title

FHAFederal Housing Administration

FNMAFederal National Mortgage Association

GNMAGovernment National Mortgage Association

HIPHazard Insurance Premium

HUDDepartment of Housing and Urban Development

Local HUD OfficeThe HUD Office in which jurisdiction a


mortgaged property is located

MICMortgage Insurance Certificate

MIPMortgage Insurance Premium

PFSPre-Foreclosure Sales Program

S/FSingle Family

SectionSection in the National Housing Act or 24 CFR

SecretaryThe Secretary of the Department of Housing


and Urban Development

PRIVACY ACT.

A.Authority. The U.S. Department of Housing and Urban Development


is authorized to solicit the information requested by virtue of
Title 12 USC, 1701 and regulations promulgated thereunder at
Title 24, Code of Federal Regulations.

B.Purpose. The information requested in this form is to be used by


the Department in processing your request for mortgage insurance
benefits under the applicable sections of the National Housing
Act, as amended.

C.Use. This information will be used to verify claimant's


entitlement to benefits and support the request sent to the U.S.
Department of the Treasury for issuance of a check. It will not
be disclosed or released outside the U.S. Department of HUD
without your consent, except as noted and as required by law.
TABLE OF CONTENTS

_______________________________________________________________________
____

TABLE OF CONTENTS

PARAGRAPH PAGE

CHAPTER 1. GENERAL

1-1 Claim Types . . . . . . . . . . . . . . . . . . . . . 1-1

1-2 The Application, Form HUD-27011 . . . . . . . . . . . 1-2

A. Form Description. . . . . . . . . . . . . . . . . 1-2


B. Where to Obtain Forms . . . . . . . . . . . . . . 1-3
C. Where to Submit Forms . . . . . . . . . . . . . . 1-3
D. Who May Submit a Claim Application. . . . . . . . 1-4
E. Certification of Claim Accuracy . . . . . . . . . 1-4

1-3 Claim Processing. . . . . . . . . . . . . . . . . . . 1-4

A. Pre-Screening . . . . . . . . . . . . . . . . . . 1-4
B. Automated Processing. . . . . . . . . . . . . . . 1-5
C. Payment Advice Letter . . . . . . . . . . . . . . 1-6
D. Capitalized Accounting. . . . . . . . . . . . . . 1-6

1-4 Claims Assistance . . . . . . . . . . . . . . . . . . 1-6

1-5 Method of Payment . . . . . . . . . . . . . . . . . . 1-6

A. Cash Payment . . . . . . . . . . . . . . . . . . 1-6


B. Debentures . . . . . . . . . . . . . . . . . . . 1-7
C. Debenture Interest Payment. . . . . . . . . . . . 1-7
D. Debenture Interest Rate (General) . . . . . . . . 1-7
E. Debenture Interest Rate (Direct
Endorsement, Coinsurance Programs). . . . . . . . 1-7
F. Debenture Interest Rate for
Automatic Assignments . . . . . . . . . . . . . . 1-7

1-6 Extension of Time Requirements. . . . . . . . . . . . 1-7

A. Extension Request Format. . . . . . . . . . . . . 1-8


B. Submission of Extension Requests. . . . . . . . . 1-8
C. Time Requirements for Submission
of Extension Requests . . . . . . . . . . . . . . 1-8
D. Basis for the Extension Request . . . . . . . . . 1-9
E. Extensions Will Not Be Approved
for the Following . . . . . . . . . . . . . . . . 1-10
F. Mortgagees Are Not Required to Request
Prior Approval. . . . . . . . . . . . . . . . . . 1-10
G. Special Circumstances . . . . . . . . . . . . . . 1-15
H. Claim Review File . . . . . . . . . . . . . . . . 1-16

1-7 Mortgage Insurance Certificate. . . . . . . . . . . . 1-16


A. MIC Duplicate . . . . . . . . . . . . . . . . . . 1-16
B. Old Section 221 Mortgage. . . . . . . . . . . . . 1-16

1-8 Mortgagor's Social Security Number. . . . . . . . . . 1-16

1-9 Mortgage Default. . . . . . . . . . . . . . . . . . . 1-17

1-10 Attorney's Fees . . . . . . . . . . . . . . . . . . . 1-18

A. Allowable Fees. . . . . . . . . . . . . . . . . . 1-18


B. Full and Two-Thirds Reimbursement . . . . . . . . 1-20
C. Salaried Employees. . . . . . . . . . . . . . . . 1-21

1-11 Deficiency Judgments. . . . . . . . . . . . . . . . . 1-21

A. Pursuit of Judgment . . . . . . . . . . . . . . . 1-21


B. HUD Request . . . . . . . . . . . . . . . . . . . 1-22
C. Collection. . . . . . . . . . . . . . . . . . . . 1-22
D. Fees and Costs. . . . . . . . . . . . . . . . . . 1-22

1-12 Claim File and Retention of Records . . . . . . . . . 1-22

A. Claim File Maintenance. . . . . . . . . . . . . . 1-22


B. Missing Claim Files . . . . . . . . . . . . . . . 1-24

1-13 Negative Claim Amount . . . . . . . . . . . . . . . . 1-25

A. Original Claim. . . . . . . . . . . . . . . . . . 1-25


B. Supplemental Claim. . . . . . . . . . . . . . . . 1-25

1-14 Reassignment and Reconveyance . . . . . . . . . . . . 1-25

A. Reassignment and Reconveyance . . . . . . . . . . 1-25


B. Reapplication . . . . . . . . . . . . . . . . . . 1-25
C. Damage or Defective Title . . . . . . . . . . . . 1-26
D. Uninsured Mortgage. . . . . . . . . . . . . . . . 1-26

1-15 Quality Assurance . . . . . . . . . . . . . . . . . . 1-27

1-16 Review of Claims. . . . . . . . . . . . . . . . . . . 1-28

A. Frequency of Reviews. . . . . . . . . . . . . . . 1-28


B. Notification to Mortgagee . . . . . . . . . . . . 1-28
C. Evaluation of Results . . . . . . . . . . . . . . 1-28
D. Reporting Process . . . . . . . . . . . . . . . . 1-28
E. Billing . . . . . . . . . . . . . . . . . . . . . 1-28
F. Administrative Offset . . . . . . . . . . . . . . 1-29

CHAPTER 2. CONVEYED HOME PROPERTIES

2-1 General . . . . . . . . . . . . . . . . . . . . . . . 2-1

2-2 Time Requirements . . . . . . . . . . . . . . . . . . 2-2

A. Institution of Foreclosure. . . . . . . . . . . . 2-2


B. Notice of Foreclosure . . . . . . . . . . . . . . 2-5
C. Prosecuting Foreclosure . . . . . . . . . . . . . 2-5
D. Conveyance to HUD . . . . . . . . . . . . . . . . 2-6
E. Submit Claim to HUD Headquarters. . . . . . . . . 2-8
F. Submit Claim to Field Office. . . . . . . . . . . 2-8
G. Submit Title Evidence . . . . . . . . . . . . . . 2-8
H. Submit Fiscal Data to HUD Headquarters. . . . . . 2-8
I. Submit Fiscal Data to Field Office. . . . . . . . 2-9

2-3 Extension of Time Requirements. . . . . . . . . . . . 2-9

2-4 Claim Payment . . . . . . . . . . . . . . . . . . . . 2-9

A. Initial Payment . . . . . . . . . . . . . . . . . 2-9


B. Final Payment . . . . . . . . . . . . . . . . . . 2-9
C. Payment Advice Letter . . . . . . . . . . . . . . 2-9

2-5 Debenture Interest Computation. . . . . . . . . . . . 2-9

A. By HUD . . . . . . . . . . . . . . . . . . . . . 2-9
B. By the Mortgagee. . . . . . . . . . . . . . . . . 2-10
C. Curtailment of Interest . . . . . . . . . . . . . 2-10
D. Expenditures Prior to Date of Default . . . . . . 2-11
E. Interest Computations . . . . . . . . . . . . . . 2-11

2-6 Title Requirements. . . . . . . . . . . . . . . . . . 2-15

A. Date of Acquisition of Title. . . . . . . . . . . 2-15


B. Acceptable Title. . . . . . . . . . . . . . . . . 2-15
C. Types of Title Evidence . . . . . . . . . . . . . 2-15
D. Title Approval. . . . . . . . . . . . . . . . . . 2-16
E. Amount of Title Insurance . . . . . . . . . . . . 2-18

2-7 Deeds-In-Lieu of Foreclosure. . . . . . . . . . . . . 2-18

A. General . . . . . . . . . . . . . . . . . . . . . 2-18
B. Form of Conveyance. . . . . . . . . . . . . . . . 2-18
C. Compensation. . . . . . . . . . . . . . . . . . . 2-18

2-8 Direct Conveyance . . . . . . . . . . . . . . . . . . 2-18

A. When to Use Direct Conveyance . . . . . . . . . . 2-18


B. When Not to Use Direct Conveyance . . . . . . . . 2-19
C. Claim Form Adjustments . . . . . . . . . . . . . 2-19

2-9 Occupancy and Possession of Property. . . . . . . . . 2-19

A. Occupancy . . . . . . . . . . . . . . . . . . . . 2-19
B. Possession. . . . . . . . . . . . . . . . . . . . 2-20
C. Keys. . . . . . . . . . . . . . . . . . . . . . . 2-20

2-10 Condition of Property at Conveyance . . . . . . . . . 2-20

A. Repairs by Mortgagee . . . . . . . . . . . . . . 2-20


B. Unrepaired Conveyance . . . . . . . . . . . . . . 2-22
C. Unrepaired Conveyance Without Notice. . . . . . . 2-22
D. Certificate of Property . . . . . . . . . . . . . 2-23
2-11 Protection and Preservation of Properties . . . . . . 2-23

A. Mortgagee Responsibility . . . . . . . . . . . . 2-24


B. Inspections . . . . . . . . . . . . . . . . . . . 2-25
C. Debris Removal. . . . . . . . . . . . . . . . . . 2-27
D. Cost Limits . . . . . . . . . . . . . . . . . . . 2-29
E. Other Protection and Preservation Actions . . . . 2-31

2-12 Eviction Costs. . . . . . . . . . . . . . . . . . . . 2-32

2-13 Hazard Insurance. . . . . . . . . . . . . . . . . . . 2-33

A. Hazard Insurance Premiums . . . . . . . . . . . . 2-33


B. Hazard Insurance Recovery . . . . . . . . . . . . 2-34

2-14 Demolition Notices. . . . . . . . . . . . . . . . . . 2-35

2-15 Foreclosure and Acquisition Costs . . . . . . . . . . 2-36

A. Allowable Costs . . . . . . . . . . . . . . . . . 2-36


B. Costs Not Reimbursable. . . . . . . . . . . . . . 2-36
C. Full and Two-Third Reimbursement. . . . . . . . . 2-37

2-16 Tax Bills . . . . . . . . . . . . . . . . . . . . . . 2-37

2-17 Bankruptcy of Mortgagor . . . . . . . . . . . . . . . 2-38

A. Delay of Foreclosure Initiation . . . . . . . . . 2-38


B. Delay of Foreclosure Completion . . . . . . . . . 2-40
C. Fees and Costs. . . . . . . . . . . . . . . . . . 2-40

2-18 Funds Held by Mortgagee . . . . . . . . . . . . . . . 2-40

A. General . . . . . . . . . . . . . . . . . . . . . 2-40
B. Escrow Funds. . . . . . . . . . . . . . . . . . . 2-41

2-19 Rental of Properties. . . . . . . . . . . . . . . . . 2-41

2-20 Special Forbearance . . . . . . . . . . . . . . . . . 2-41

A. Eligibility for Mortgage Interest . . . . . . . . 2-42


B. Period for Which Mortgage Interest is Paid. . . . 2-42
C. Computation Method. . . . . . . . . . . . . . . . 2-42
D. Period for Which Debenture Interest is Paid . . . 2-43
E. Extension of Time . . . . . . . . . . . . . . . . 2-43

2-21 Section 235 Assistance Payments . . . . . . . . . . . 2-44

A. Unapplied Payments. . . . . . . . . . . . . . . . 2-44


B. Overpaid Assistance . . . . . . . . . . . . . . . 2-44

2-22 Documents to be Submitted . . . . . . . . . . . . . . 2-44

A. On Date Deed is Filed for Record. . . . . . . . . 2-45


B. Within 45 Days After Filing . . . . . . . . . . . 2-45
C. Within 45 Days of Title Approval Letter . . . . . 2-46
Table 2-1 - Conveyance Claim Submission Requirements. 2-47

2-23 Claim Preparation - Conveyances . . . . . . . . . . . 2-48

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 2-48
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 2-59
C. Instructions for Completion of Part C,
Support Document. . . . . . . . . . . . . . . . . 2-67
D. Instructions for Completion of Part D,
Support Document (Continuation 1) . . . . . . . . 2-70
E. Instructions for Completion of Part E,
Support Document (Continuation 2) . . . . . . . . 2-74

CHAPTER 3. ASSIGNED HOME MORTGAGES

3-1 General . . . . . . . . . . . . . . . . . . . . . . . 3-1

3-2 Time Requirements . . . . . . . . . . . . . . . . . . 3-1

3-3 Extension of Time Requirements. . . . . . . . . . . . 3-2

3-4 Assignment Requirements . . . . . . . . . . . . . . . 3-2

A. The Security Instrument (Mortgage). . . . . . . . 3-2


B. The Credit Instrument (Note). . . . . . . . . . . 3-3

3-5 Title Evidence. . . . . . . . . . . . . . . . . . . . 3-3

A. Submission to Field Office. . . . . . . . . . . . 3-3


B. Title Submission Certificate. . . . . . . . . . . 3-4
C. Title Rejection . . . . . . . . . . . . . . . . . 3-4
D. Title Approval. . . . . . . . . . . . . . . . . . 3-4

3-6 Occupancy of Property . . . . . . . . . . . . . . . . 3-4

3-7 Condition of Property at Assignment . . . . . . . . . 3-4

A. Repairs by Mortgagee. . . . . . . . . . . . . . . 3-5


B. Unrepaired Assignment . . . . . . . . . . . . . . 3-5

3-8 Protection and Preservation of Properties . . . . . . 3-5

3-9 Hazard Insurance. . . . . . . . . . . . . . . . . . . 3-6

3-10 Assignment Costs. . . . . . . . . . . . . . . . . . . 3-6


A. Allowable Costs . . . . . . . . . . . . . . . . . 3-6
B. Costs Not Reimbursable. . . . . . . . . . . . . . 3-6

3-11 Notice to Mortgagor . . . . . . . . . . . . . . . . . 3-7

3-12 Notice to Taxing Authority. . . . . . . . . . . . . . 3-7

3-13 Claim Payment . . . . . . . . . . . . . . . . . . . . 3-7


A. Adding the Following Items. . . . . . . . . . . . 3-7
B. Deducting the Following Items . . . . . . . . . . 3-8

3-14 Documents to be Submitted . . . . . . . . . . . . . . 3-8

A. To HUD Headquarters . . . . . . . . . . . . . . . 3-8


B. To Local HUD Office . . . . . . . . . . . . . . . 3-8
C. To Field Counsel. . . . . . . . . . . . . . . . . 3-9

Table 3-1 - Assignment Claim Submission Requirements. 3-11

3-15 Claim Preparation - Assignments . . . . . . . . . . . 3-12

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 3-12
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 3-22
C. Instructions for Completion of Part C,
Support Document. . . . . . . . . . . . . . . . . 3-27
D. Instructions for Completion of Part D,
Support Document (Continuation 1) . . . . . . . . 3-27
E. Instructions for Completion of Part E,
Support Document (Continuation 2) . . . . . . . . 3-29

CHAPTER 4. AUTOMATIC ASSIGNED HOME MORTGAGES


UNDER SECTION 221(G)(4)

4-1 General . . . . . . . . . . . . . . . . . . . . . . . 4-1

4-2 Ineligible Mortgages. . . . . . . . . . . . . . . . . 4-1

4-3 Time Requirements . . . . . . . . . . . . . . . . . . 4-2

4-4 Extension of Time Requirements. . . . . . . . . . . . 4-2

4-5 Assignment Requirements . . . . . . . . . . . . . . . 4-2

4-6 Title Evidence . . . . . . . . . . . . . . . . . . . 4-2

4-7 Prepayments . . . . . . . . . . . . . . . . . . . . . 4-2

4-8 Escrow Funds. . . . . . . . . . . . . . . . . . . . . 4-3

4-9 Hazard Insurance. . . . . . . . . . . . . . . . . . . 4-3

4-10 Notice to Mortgagor . . . . . . . . . . . . . . . . . 4-3

4-11 Notice to Taxing Authority. . . . . . . . . . . . . . 4-4

4-12 Claim Payment . . . . . . . . . . . . . . . . . . . . 4-4

4-13 Documents to be Submitted . . . . . . . . . . . . . . 4-4

A. To HUD Headquarters . . . . . . . . . . . . . . . 4-5


B. To Local HUD Office . . . . . . . . . . . . . . . 4-5
C. To Field Counsel. . . . . . . . . . . . . . . . . 4-5
Table 4-1 - Automatic Assignment Submission
Requirements. . . . . . . . . . . . . . . . . . . . . 4-7

4-14 Claim Preparation - Automatic Assignments . . . . . . 4-8

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 4-8
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 4-16
C. Instructions for Completion of Parts C, D, and E
Support Document (Continuation 1 and 2) . . . . . 4-19

CHAPTER 5. COINSURED HOME MORTGAGES

5-1 General . . . . . . . . . . . . . . . . . . . . . . . 5-1

5-2 Period of Coinsurance . . . . . . . . . . . . . . . . 5-1

5-3 Time Requirements . . . . . . . . . . . . . . . . . . 5-2

A. Foreclosure Institution . . . . . . . . . . . . . 5-2


B. Notice to HUD . . . . . . . . . . . . . . . . . . 5-2
C. Prosecuting Foreclosure . . . . . . . . . . . . . 5-2
D. Notice of Acquisition . . . . . . . . . . . . . . 5-2
E. Sale of Property. . . . . . . . . . . . . . . . . 5-2
F. Submit Claim to HUD . . . . . . . . . . . . . . . 5-2

5-4 Extension of Time Requirements. . . . . . . . . . . . 5-3

5-5 Acquisition of Title. . . . . . . . . . . . . . . . . 5-3

5-6 Protection on Preservation of Property. . . . . . . . 5-3

5-7 Repairs to the Property . . . . . . . . . . . . . . . 5-3

5-8 Sale of the Property. . . . . . . . . . . . . . . . . 5-4

5-9 Unsold Properties . . . . . . . . . . . . . . . . . . 5-4

5-10 Costs . . . . . . . . . . . . . . . . . . . . . . . . 5-4

5-11 Interest. . . . . . . . . . . . . . . . . . . . . . . 5-4

5-12 Claim Payment . . . . . . . . . . . . . . . . . . . . 5-4

5-13 Documents to be Submitted . . . . . . . . . . . . . . 5-6

A. To HUD Headquarters . . . . . . . . . . . . . . . 5-6


B. To Local HUD Office . . . . . . . . . . . . . . . 5-6

Table 5-1 - Coinsurance Claim Submission Requirements . 5-7

5-14 Claim Preparation - Coinsured Home Mortgages. . . . . 5-8

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 5-8
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 5-16
C. Instructions for Completion of Part C,
Support Document. . . . . . . . . . . . . . . . . 5-21
D. Instructions for Completion of Part D,
Support Document (Continuation 1) . . . . . . . . 5-24
E. Instructions for Completion of Part E,
Support Document (Continuation 2) . . . . . . . . 5-26

CHAPTER 6. CLAIMS WITHOUT CONVEYANCE OF TITLE

6-1 General . . . . . . . . . . . . . . . . . . . . . . . 6-1

6-2 Commissioner's Adjusted Fair Market Value (CAFMV) . . 6-1

6-3 Obtaining the CAFMV . . . . . . . . . . . . . . . . . 6-1

6-4 Postponed Sales and Reinstatement . . . . . . . . . . 6-4

A. Postponed Sales . . . . . . . . . . . . . . . . . 6-4


B. Reinstatement . . . . . . . . . . . . . . . . . . 6-4

6-5 Bidding and Acquisition of Title at Foreclosure Sale. 6-4

A. If the Mortgagee is the Successful Bidder . . . . 6-4


B. If a Third Party is the Successful Bidder . . . . 6-6
C. If the Mortgagor or a Third Party Redeems
the Property. . . . . . . . . . . . . . . . . . . 6-6

6-6 Time Requirements . . . . . . . . . . . . . . . . . . 6-6

6-7 Extension of Time Requirements. . . . . . . . . . . . 6-7

6-8 Deficiency Judgement Fees and Costs . . . . . . . . . 6-7

A. Full Reimbursement. . . . . . . . . . . . . . . . 6-7


B. Partial Reimbursement . . . . . . . . . . . . . . 6-8

6-9 Damaged Property. . . . . . . . . . . . . . . . . . . 6-8

6-10 Hazard Insurance. . . . . . . . . . . . . . . . . . . 6-8

6-11 Title Requirement . . . . . . . . . . . . . . . . . . 6-8

6-12 Special Forbearance . . . . . . . . . . . . . . . . . 6-8

6-13 Claim Payment . . . . . . . . . . . . . . . . . . . . 6-8

6-14 Debenture Interest Allowance. . . . . . . . . . . . . 6-8

6-15 Documents to be Submitted . . . . . . . . . . . . . . 6-9

A. To HUD Headquarters . . . . . . . . . . . . . . . 6-9


B. To Local HUD Office . . . . . . . . . . . . . . . 6-9

Table 6-1 - CWCOT Claim Submission Requirements . . . 6-11

6-16 Claim Preparation - Claims Without Conveyance of Title 6-12


A. Instructions for Completion of Part A,
Initial Application . . . . . . . . . . . . . . . 6-12
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 6-20
C. Instructions for Completion of Part C,
Support Document. . . . . . . . . . . . . . . . . 6-26
D. Instructions for Completion of Part D,
Support Document (Continuation 1) . . . . . . . . 6-29
E. Instructions for Completion of Part E,
Support Document (Continuation 2) . . . . . . . . 6-33

CHAPTER 7. SUPPLEMENTAL CLAIM/REMITTANCE

7-1 General . . . . . . . . . . . . . . . . . . . . . . . 7-1

7-2 One Supplemental Claim. . . . . . . . . . . . . . . . 7-1

7-3 Attorney Fees . . . . . . . . . . . . . . . . . . . . 7-2

7-4 Claim Form. . . . . . . . . . . . . . . . . . . . . . 7-3

7-5 Time Requirements . . . . . . . . . . . . . . . . . . 7-3

7-6 Extension of Time Requirements. . . . . . . . . . . . 7-4

7-7 Claims for Additional Funds . . . . . . . . . . . . . 7-4

7-8 Funds Due HUD . . . . . . . . . . . . . . . . . . . . 7-6

7-9 Documents to be Submitted . . . . . . . . . . . . . . 7-7

A. To HUD Headquarters . . . . . . . . . . . . . . . 7-7


B. To Local HUD Office . . . . . . . . . . . . . . . 7-7

7-10 Claim Preparation . . . . . . . . . . . . . . . . . . 7-7

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 7-8
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 7-11
C. Instructions for Completion of Parts C, D and E,
Support Documents (Continuations 1 and 2) . . . . 7-13

CHAPTER 8. PRE-FORECLOSURE SALES

8-1 General . . . . . . . . . . . . . . . . . . . . . . . 8-1

8-2 Program Coordinator . . . . . . . . . . . . . . . . . 8-1

8-3 Responsibilities of Mortgagee . . . . . . . . . . . . 8-2

8-4 Marketing the Property. . . . . . . . . . . . . . . . 8-2

8-5 Sales Proceeds . . . . . . . . . . . . . . . . . . . 8-2

8-6 Deed-in-Lieu of Foreclosure . . . . . . . . . . . . . 8-3


8-7 Claim Type. . . . . . . . . . . . . . . . . . . . . . 8-3

8-8 Time Requirements . . . . . . . . . . . . . . . . . . 8-4

8-9 Extension of Time Requirements. . . . . . . . . . . . 8-4

8-10 Title Requirements. . . . . . . . . . . . . . . . . . 8-4

8-11 Incentive Payments and Compensation . . . . . . . . . 8-5

8-12 Discharge of Liens. . . . . . . . . . . . . . . . . . 8-5

8-13 Protection and Preservation of Properties . . . . . . 8-6

8-14 Reimbursable Costs and Expenses . . . . . . . . . . . 8-6

8-15 Hazard Insurance. . . . . . . . . . . . . . . . . . . 8-7

8-16 Special Forbearance . . . . . . . . . . . . . . . . . 8-7

8-17 Deficiency Judgements . . . . . . . . . . . . . . . . 8-7

8-18 Debenture Interest Allowance . . . . . . . . . . . . 8-7

8-19 Claim Payment . . . . . . . . . . . . . . . . . . . . 8-8

8-20 Documents to Be Submitted . . . . . . . . . . . . . . 8-9

A. To HUD Headquarters . . . . . . . . . . . . . . . 8-9


B. To the Local HUD Office . . . . . . . . . . . . . 8-10

8-21 Claim Preparation . . . . . . . . . . . . . . . . . . 8-10

A. Instructions for Completion of Part A,


Initial Application . . . . . . . . . . . . . . . 8-11
B. Instructions for Completion of Part B,
Fiscal Data . . . . . . . . . . . . . . . . . . . 8-18
C. Instructions for Completion of Part C,
Support Document. . . . . . . . . . . . . . . . . 8-23

D. Instructions for Completion of Part D,


Support Document (Continuation 1) . . . . . . . . 8-24
E. Instructions for Completion of Part E,
Support Document (Continuation 2) . . . . . . . . 8-27

LIST OF APPENDICES

PARAGRAPH
NUMBERNAMEREFERENCES

Appendix 1 Single Family Application for


Insurance Benefits, Form HUD-27011. . . . . . . . . .
1-2

Appendix 2 Payment Advice Letter . . . . . . . . . . . . . . . .


1-3B,
Appendix 3 Errors Frequently Made. . . . . . . . . . . . . . . .
1-3B

Appendix 4 Debenture Interest Rates. . . . . . . . . . . . . . .


1-5D

Appendix 5 Extension Request, Form HUD 50012 . . . . . . . . . .


1-6A

Appendix 6 State by State Listing of First


Public Action . . . . . . . . . . . . . . . . . . . . 2-2A

Appendix 7 Foreclosure Reasonable Diligence. . . . . . . . . . .


2-2C

Appendix 8 Daily Interest Rate Factors . . . . . . . . . . . . .


2-5E

Appendix 9 Julian Date Calendar. . . . . . . . . . . . . . . . .


2-5E

Appendix 10 Earliest Time Requirements Missed . . . . . . . . . .


2-5E

Appendix 11 Attorney's Certificate of Title . . . . . . . . . . .


2-6C

Appendix 12 Mortgagee Notice of Foreclosure


Sale, Form HUD-91022. . . . . . . . . . . . . . . . . 6-3A

Appendix 13 HUD Regional Offices. . . . . . . . . . . . . . . . .


2-11D

Appendix 14 Request to Exceed Cost Limits . . . . . . . . . . . .


2-11D

Appendix 15 Short Rate Table. . . . . . . . . . . . . . . . . . .


2-13A

Appendix 16 Title Submission Certification. . . . . . . . . . . .


3-5B

Appendix 17 Automatic Assignment Notice to Mortgagor


(60-Day). . . . . . . . . . . . . . . . . . . . . . 4-10A

Appendix 18 Automatic Assignment Notice to Mortgagor


(Second Notice) . . . . . . . . . . . . . . . . . . 4-10B

Appendix 19 PFS Instructions to Mortgagee . . . . . . . . . . . 8-


2A

Appendix 20 PFS Discharge of Lien . . . . . . . . . . . . . . . 8-


2C

Appendix 21 PFS Sales Contract Review . . . . . . . . . . . . . 8-


2D
Appendix 22 PFS Closing Worksheet . . . . . . . . . . . . . . . 8-
2E

Appendix 23 PFS Termination of Participation . . . . . . . . . 8-


2F

Appendix 24 PFS Request for Deed-in-Lieu. . . . . . . . . . . . 8-


2G

*Appendix 25 Courier Mail Transmission Form. . . . . . . . . . . 1-


2C

Appendix 26 Special Forbearance . . . . . . . . . . . . . . . . 2-


19

Appendix 27 Compliance Inspection Report. . . . . . . . . . . . 2-


10A *

ISSUANCES SUPERSEDED BY HUD HANDBOOK 4330.4

Mortgage
Letter Subject
Dated

84-5 Automatic assignment of mortgages pursuant toMarch 16, 1984


Section 221(g)(4) of the National Housing Act
Single Family.

84-10 Single Family Claims for Insurance BenefitsApril 4, 1984

85-19 New Single Family Claims Payment System FormSeptember 10, 1985
HUD-27011, Single Family Application for
Insurance Benefits - title II Mortgages

86-14 Tax Bills on Single Family Properties andJuly 31, 1986


Mortgages Assigned to the Department

86-19 Automatic Assignment of Mortgages Pursuant toSeptember 26, 1986


Section 221(g)(4) of the National Housing Act
Single Family

86-21 Change in submission of Single FamilyNovember 14, 1986


Application for Insurance Benefits for
Assigned Mortgages

87-20 Claim Without Conveyance of Title (CWCOT)June 23, 1987


Claim Instructions

88-6 Claims Without Conveyance of Title (CWCOT)February 29, 1982


Implementation Correction, Additions and
Clarifications

88-20 Title Insurance Coverage for Single FamilyJune 6, 1988


Conveyed Properties

88-32 Lender Foreclosure DelaysSeptember 23, 1988


88-36 Obtaining Duplication Mortgage InsuranceNovember 9, 1988
Certificates (MICs)

89-8 Claims Without Conveyance of Title (CWCOT)January 30, 1989


First Year Ends Concern

89-11 HUD Initiatives to Counter Mortgage AbuseFebruary 2, 1989

89-15 Title Insurance coverage for Single Family ConveyedMay 11, 1989
Properties

90-7 Single Family Application for InsuranceFebruary 27, 1990


Benefits, Form HUD-27011 - Section II and III

90-11 Automatic assignment of mortgagees pursuant toApril 3, 1990


Section 221 (g)(4) of the National Housing Act-New
procedures

90-18 Clarification of Mortgagee Letter 90-7 RegardingJune 12, 1990


Instructions for Filing Supplemental claims for
Underpayments Identified in the Claims Review
Universe

90-21 Submission of Title Evidence for ConveyancesJune 26, 1990

90-30 Update of Foreclosure Time FramesAugust 14, 1990

90-34 Single Family Claims for Insurance Benefits:September 19, 1990


Requirements for the Preservation, Protection
and Inspection of Insured Properties

91-3 Reduction of Insurance Benefits for Failure toJanuary 14, 1991


meet HUD claim Time Requirements (Single Family)

91-13 Time Limits for Filing supplemental ClaimsMarch 6, 1991

91-14 Allowable Attorney Fees and Foreclosure andMarch 8, 1991


Acquisition Costs on FHA Single Family Claims

91-21 Procedures for Reconveyance and ReimbursementApril 25, 1991


to Lenders on Uninsured Cases

91-33 Extension of Time Requirements for Single FamilyJuly 24, 1991


claims for Insurance Benefits

91-41 First legal Action to Commence (Institute)August 30, 1991


Foreclosure

91-49 Single Family claims for Insurance Benefits:December 5, 1991


Changes in the Requirements for the Preservation
and Protection of Insured Properties

92-2 Debenture Interest on Single Family InsuranceJanuary 7, 1992


Claims (Part B) as Calculated on Parts C and D,
and Debenture Interest on Part A when Reasonable
Diligence in Completing Foreclosure is not
Exercised

92-8 Change in Instruction for Filing Claims forFebruary 28, 1992


Single Family Insurance Benefits
(Deed-in-Lieu of Foreclosure)

92-11 Pre-foreclosure Sale Program - Claims InstructionsMarch 24,


1992

92-20 First Legal Action to Commence Foreclosure -- Texas,June 19,


1992
Colorado and Massachusetts

92-21 Additional Extension of Time to Initiate ForeclosureJuly 1,


1992
Permit Compliance with Assignment Letter or State
Notice Requirements After Release form Bankruptcy
Stay

92-29 Single Family Mortgage Insurance ClaimSeptember 15, 1992


Submissions and Inquiries

93-1 Expansion of HUD's Pre-Foreclosure Sale (PFS)January 6, 1993


Program Demonstration

93-6 Advisory Regarding the Filing of Form HUD-27050A,January 28,


1993
"Mortgage Insurance Termination," in the Context
of the Pre-Foreclosure Sale Program

93-11 FHA Single Family Insurance Claims HUD HandbookMay 10, 1993
4330.4 Clarifications and Corrections

93-16 1992 Miscellaneous Amendments to the Single FamilyJune 11, 1993


Servicing Regulations

93-34 First Legal Action to Commence ForeclosureOctober 21, 1993


in the State of Connecticut

94-24 Supplemental ClaimsMay 26, 1994

MIAS Fiscal
Letters

87-1 Single Family Mortgage Insurance FiscalOctober 14, 1986

87-8 Single Family Mortgage Insurance Fiscal InstructionsJune 5,


1987
GENERAL 4330.4

_______________________________________________________________________
____

CHAPTER 1: GENERAL

_______________________________________________________________________
____

1-1 CLAIM TYPES.

All claims for single family mortgage insurance benefits must be


submitted on Form HUD-27011, Single Family Application for Insurance
Benefits. There are seven types of single family claims:

TYPE # TYPE

01 Conveyance - The mortgagee obtains the property through


foreclosure or by deed-in-lieu after mortgage default
and deeds the property to HUD.

02 Assignment - The mortgagee, with HUD approval, assigns


a mortgage in default to HUD, and HUD becomes the
mortgagee.

03 Automatic Assignment Under Section 221 (g)(4) -


Mortgagees may elect to assign certain mortgages to
HUD. These mortgages must not be in default on the
20th anniversary and the election to assign must be
made before the 21st anniversary. Upon assignment, HUD
becomes the mortgagee.

04 Coinsurance - Certain FHA approved mortgages are


coinsured. The mortgagee acquires a property after
default and sells it rather than conveying or
assigning. Any loss on the sale is shared by HUD and
the mortgagee on a 90%:10% basis, respectively.

05 Supplemental Claims/Remittances - A supplemental claim


is the only tool for mailing adjustments after payment
of the initial claim has been made. Such adjustments
are subject to strict time limitations and are made
only when additional amounts are owed or due.

06 Claims Without Conveyance of Title - The property is


sold at foreclosure and is not conveyed to HUD.
Currently, this claim type is limited to claims
involving deficiency judgments.

07 Pre-foreclosure Sales - Under certain circumstances the


Department may provide relief to a mortgagor where the
property's fair market value is less than the
outstanding indebtedness. The terms of the sale and
the minimum sales price are pre-authorized by the
Department. If the sale is successful, a foreclosure
is avoided and the mortgagee may file a claim to
recover the shortage between the sales proceeds and the
total indebtedness.

Chapter 1 of this Handbook relates to procedures which are applicable


to all seven types of claims listed above. The remaining chapters
relate to specify procedures for each of these claim types.

1-2THE APPLICATION (FORM HUD-27011, SINGLE FAMILY APPLICATION FOR


INSURANCE BENEFITS)

A.Form Description. The application form consists of five parts.


The parts to be submitted vary depending on the type of claim
submission. All claim types will require submission of Parts A
and B. The supporting information required for each claim type
will vary as will the time frame requirements. The specific
requirements for each claim type are provided in detail in a
separate chapter for each claim type.

1.Part A, Initial Application. Provides the initial case


data. Part A is the first part of the claim prepared and
contains information relating to the mortgage, property,
property condition, mortgagee, payment history and the
foreclosure or assignment process.

2.Part B, Fiscal Data. Contains fiscal data consisting of


allowable expenses and accrued interest. It provides
summary information relating to receipts and disbursements
by the mortgagee which affect the amount of the insurance
claim. With the exception of conveyances, Part B is
submitted with Part A for all claim submissions. The
supporting documents (Parts C, D and E) are all prepared
prior to completing Part B.

3.Part C - Support Document. Contains itemized information


relating to disbursements for the protection and
preservation of the property.

4.Part D - Support Document (Continuation 1). Contains


itemized information relating to such items as taxes, hazard
insurance premiums, MIP, foreclosure costs, etc.

5.Part E - Support Document (Continuation 2). Contains


itemized information relating to closing costs and amounts
due from and to the buyer at closing. It is used for
coinsurance claims, claims without conveyance of title
(CWCOT), Pre-Foreclosure Sales claims (PFS), and for
claiming certain (e.g., appraisal and deficiency judgment)
costs where appropriate on conveyance claims.

B.Where to Obtain Forms. Form HUD-27011 may be obtained from the


local HUD office, or if not available, copies of the forms in
Appendix 1 may be used. A computer generated form or facsimile
may be used only if it is substantially identical to the HUD form
in size and format. Any forms submitted that do not comply with
the HUD format or that are illegible or incomplete will be
returned.
C.Where to Submit Forms. To ensure good and timely receipt of the
claim, submit the claim as follows:

1.The original (not copy) of the HUD-27011 Parts A and/or B


with required attachments should be mailed to:

U.S. Department of Housing and Urban Development Office


of Mortgage Insurance Accounting and Servicing Single
Family Mortgage Insurance Claims Branch P. O. Box 23998
Washington, D.C. 20036-3998

* If courier/express mail or registered or certified mail


is
used, send the claim with required attachments to:

U.S. Department of Housing and Urban Development Single


Family Mortgage Insurance Claims Branch Systems
Management and Control Section, Room 6137
451 Seventh St., S.W.
Washington, D.C. 20410

A completed copy of a transmittal form (Appendix 25) should


accompany all Forms HUD-27011 sent by courier/express mail.
NOTE: See Par. 7-8 regarding a supplemental claim with a
payment to HUD.*

2.Copies of Parts A and B and the originals of Parts C, D and


E, together with required attachments should be sent to the
local HUD office having jurisdiction over the mortgaged
property. These must be forwarded to the local HUD office
on the same date that the original Part A and Part B are
sent to Washington requesting payment. Mailing addresses
for local HUD offices can be obtained from correspondence
received from such office or by consulting local telephone
directories. Include the FHA Case Number on all
correspondence and documents sent to HUD. Detailed
instructions on claim submission requirements are provided
in Chapters 2 through 8 of this Handbook.

3.A copy of all parts of the form, schedules and attachments


must be retained in the claim file.

D.Who May Submit a Claim Application. A claim may be submitted by


either the holder or the servicer of the mortgage. It must be
signed by an official of the organization submitting the claim.
In either case the settlement check will be made payable to the
holder of the mortgage, as listed in Item 12 of the Form
HUD-27011.

HUD will not honor requests for claim payment checks to be


delivered to any entity other than the holder. The form
submitted to HUD Headquarters must bear the original signature.

E.Certification of Claim Accuracy. The mortgagee official signing


the Form HUD-27011 is certifying that all information and
statements contained in the claim are true and correct. Entering
information that is inaccurate for the purpose of avoiding an
interest curtailment or obtaining unauthorized insurance benefits
is in direct conflict with the certification that statements and
information on the claim are true and correct. HUD will
prosecute false claims and statements. Convictions may result in
criminal and/or civil penalties. Additionally HUD may refer any
cases to the mortgagee review board where evidence is found to
indicate intentional misrepresentation on a claim submission.*

1-3 CLAIM PROCESSING.

A.Pre-Screening. Applications are pre-screened prior to processing


to determine whether certain essential data are missing or
incomplete. If any of the following discrepancies (or similar
deficiencies) are found, the unprocessed claim will be returned
to the mortgagee:

- Invalid/incomplete case number;

-Signature missing or not an original (copied or stamped


signatures are not acceptable);

- Illegible document;

- Missing Part B (except for conveyance claims);

- Missing original MIC;

- Missing original Title Approval Letter;

- Missing title submission certifications (assignments only);

- Missing holding mortgagee number (Part A);

- Missing mortgagor's social security number; or

-Computer generated forms using unacceptable format or form


size.

The above data is essential to claim processing. Claim


submissions returned because of one or more of the above
discrepancies will not be edited for other errors. Therefore,
they will be returned a second time if additional errors are
detected.

Claims returned for correction will be considered received on the


date the final corrected form is received. This will normally
result in a loss of interest because the time limitation will be
exceeded.

B.Automated Processing. Form HUD-27011, Parts A and B, are


processed by computer at HUD Headquarters. If the information
provided on the form passes all system edits and control checks,
the system will compute and generate payment to the mortgagee.
The system edits are designed to permit prompt payment of most
claims by accepting costs encountered in routine claims. If
unusually high disbursements are reported, the claim payment will
be reduced and the mortgagee may file a supplemental claim for
the amount of the claim disallowed, with documentation to support
the amount of, and the need for, the higher payment. The advice
of payment with the initial claim reimbursement will identify
amounts and reasons for a reduced claim payment (See Appendix 2).
If other disbursements are unusually high the claim may be
returned for additional documentation.

Although a claim may be processed and paid by the computer, HUD


may, upon review, require reimbursement of any amounts which are
found to be excessive or not supported by appropriate documentation
(See Appendix 3), Errors Frequently Made In Preparing Claims).

C.Payment Advice Letter. Within a few days of receipt of payment


the mortgagee will receive a letter giving detailed information
on the payment of the claim (Appendix 2).

D.Capitalized Accounting. If the mortgagee uses the


"capitalization" method of applying mortgage payments or any of
the several variations thereof, the Part A must be accompanied by
a worksheet showing the allocation of all mortgage payments in
accordance with the terms of the mortgage, i.e., to escrow,
interest and principal, in that order. The recomputation is
necessary for the system to accept the claim and to permit entry
of the correct due date of the last complete installment paid
(Item 8) and the unpaid loan balance (Item 17).

1-4 CLAIMS ASSISTANCE.

General questions concerning the use of the claim form (HUD-27011) may
be addressed to the local HUD office. Specific inquiries to confirm
HUD's receipt of claim or to request the status of a claim may be
directed to the Single Family Claims Support Service Center at (703)
235-9102.

This service center is equipped with an interactive voice response


capability. Basic claim payment data may be obtained by using a
touch-tone telephone. Enter the first five digits of the holder or
servicer number and the FHA Case Number to find out whether a claim
was paid, the amount of the payment, when it was paid, and the
mortgagee number of the payee. Up to 15 claims may be researched per
call. The option to transfer to an operator for further assistance is
also available.

The local HUD Office should be contacted concerning questions


regarding title evidence and title approval for specific cases. For
conveyances, please direct your questions to the Single Family
Property Disposition Branch. For assignments, please direct your
questions to the Single Family Loan Management Branch who will
coordinate with their Counsel's office depending upon the nature of
your question.

1-5 METHOD OF PAYMENT.

HUD has authority to reimburse the mortgagee for the unpaid principal
balance of the mortgage and allowable costs and advances in cash or
debentures (24 CFR 203.401).
A.Cash Payment. All claims for single family insurance benefits
(except those assigned pursuant to Section 221(g)(4)) are settled
in cash.

B.Debentures. Effective January 4, 1995, FHA/HUD debentures are


issued in book-entry form in the full settlement amount. They
are valid and binding obligations of the mortgage insurance fund
under which the mortgage was insured and are issued in accordance
with the regulations (24 CFR 203.400-411) in settlement of
mortgagee's application for insurance benefits.

Principal and interest are fully and unconditionally guaranteed


by the United States. Interest is paid semiannually on January 1
and July 1. The Federal Reserve Bank of Philadelphia is the
fiscal agent for the Treasury Department, who is HUD's agent, in
the issue, transfer, exchange, redemption, payment, purchase,
payment of semiannual interest and retirement of debentures.

C.Debenture Interest Payment. When the mortgage insurance claim is


paid in cash, the settlement includes the interest the claim
would have earned, as of the date such payment is made, if it had
been paid in debentures.

D.Debenture Interest Rate (General). Debenture interest rates are


established from time to time by the Secretary with the approval
of the Secretary of the Treasury. The rates from 1941 to
December 31, 1994, are shown in Appendix 4. The rate applicable
to a claim is the higher of the rate in effect on (i) the date
the mortgage was endorsed for insurance, or (ii) the date of firm
commitment, except for Direct Endorsements, Coinsured Loans and
Automatic Assignments.

E.Debenture Interest Rate (Direct Endorsement, Coinsurance


Programs). For applications involving mortgages originated under
the Single Family Direct Endorsement or Coinsurance Programs, the
debenture interest rate is the rate in effect as of the date the
mortgage was endorsed for insurance. (Appendix 4)

F. Debenture Interest Rate for Automatic Assignments. For Automatic


Assignments the rate is the "going Federal rate" at the date of
assignment. (Appendix 4)

*1-6 EXTENSION OF TIME REQUIREMENTS.*

The mortgagee is required to take specific actions or to submit


specific documents to HUD within time limits specified in the
regulations. The Secretary is authorized to establish time
limitations by Sections 211 (12 USC 1715b) and 204(a)(12 USC 1710)
of
the National Housing Act. The time within which specific actions
are
to be taken vary with the type of claim and are discussed in
detail in the following chapters relating to the respective claim
types. Failure to comply with the time requirements may result in a
loss of debenture interest. (24 CFR 203.402(k))
If the mortgagee cannot comply with the time requirements for a
particular action because of circumstances beyond its control, a
request should be submitted to the local HUD office for an extension
of time. The request should be made as soon as possible, but before
the time limit for that action expires. Time extension requests
should be made as follows:

A.Extension Request Format. All extension requests must be


submitted on Form HUD-50012, Mortgagee's Request for Extensions
of Time (See Appendix 5).

1.Oral requests for extension will not be accepted.

2.Mortgagees may submit their requests via facsimile in


emergency situations.

B.Submission of Extension Requests. The request must be submitted


to the local HUD field office having jurisdiction over the
property.

1.For conveyance claims, (unless directed otherwise by the


local office) requests to extend the time limit for
conveying title to HUD, submitting title evidence,
submitting fiscal data or submission of supplemental claims
on conveyances must be submitted to the local HUD office,
ATTN: Single Family Property Disposition Branch.

2.All other extension requests must be submitted to the local


HUD office, ATTN: Single Family Loan Management Branch.

C.Time Requirements For The Submission Of Extension Requests.

1.Mortgagees must submit all extension requests prior to the


expiration of the time limit.

a.In order to ensure timely receipt by the local HUD


Office, avoid potential disputes and allow adequate
response time, mortgagees should submit their requests
as early as possible.

b.Extension requests submitted after expiration of the


time limit will be denied. HUD will allow ten days for
receipt of requests sent via first class mail through
the United States Postal Service and will verify the
date submitted by the date of the postmark.
The date of submission will also be verified for all
courier delivered requests.

c.Internal controls have been established in each of


HUD's local Offices to ensure that all extension
requests received are properly logged in and responded
to in a timely manner. In the event a dispute arises
concerning the actual date of the mortgagee's
submission or the date of HUD's receipt of an extension
request, the dispute will be resolved on a case-by-case
basis by the local HUD Office. If the mortgagee can
demonstrate to the local HUD Office's satisfaction that
the extension request was submitted timely, the local
Office will review the request for extension.

2.Extensions will not be granted retroactively, unless the


delay is directly related to the action of the HUD local
office.

3.A time requirement is not extended until the extension has


been approved in writing by HUD.

a.An extension will not be granted verbally.

b.Failure of the field office to meet a response time


limit set by the mortgagee will not be interpreted as
an extension approval.

c.HUD's direction to a mortgagee to take action, or HUD's


approval of a mortgagee's action, does not extend a
time requirement unless HUD extended the expiration
date in writing.

D.Basis For The Extension Request.

1.All extension requests must provide a valid reason to


support the need for an extension of time. Mortgagees must
clearly define the circumstances and reason(s) for the
request. Vague or unclear requests will be denied.

2.Extension requests based on the following reasons will be


denied.

a.Investor or holder delay in obtaining required


documents.

b.Staffing constraints.

c.Errors of the servicer, holder and/or of any of the


previous holders or servicers.

d.Delays caused by the mortgagee's staff, agent or


contractor.

e.Failure by the mortgagee's staff, agency or contractor


to take appropriate, necessary or required action.

E.Extensions Will Not Be Approved For The Following.

1.Time requirement for the submission of Part A, Form


HUD-27011, Single Family Application for Insurance
Benefits
Part A (any claim type except pre-foreclosure sales
claims).
Mortgagees must submit their Claim for Insurance
Benefits on
the date the deed or assignment is filed for record. (24
CFR
203.360, 203.351).
2.Time requirement for recordation and submission of automatic
assignment claims. The mortgagee must exercise its
option
under Section 221(g)(4) by filing the assignment for
record
within one year following the twentieth anniversary of
the
date the mortgage was endorsed for insurance. The claim
must be submitted on the date the assignment is filed
for
record. (24 CFR 221.251, 221.255).

F.Mortgagees Are Not Required To Request Prior Written


Approval
From The Local HUD Office For Extensions Of Time
Under The
Following Circumstances.

1.Bankruptcy or State law. HUD Regulations (24 CFR 203.355)


provide that if a mortgagee was prohibited by State law
or
Federal bankruptcy law from instituting foreclosure
within
nine months from the date of default, the mortgagee has
60
days from the date such prohibition was lifted to
institute
foreclosure. In addition, in certain circumstances, the
mortgagee may have an extension longer than 60 days:
see
Paragraph 2-2A for a complete discussion.

The date of the bankruptcy release must be entered in Item


21 Form HUD-27011, Part A and a date 60 days after that date
must be entered in Item 19, in order to receive
this extension.*

NOTE:This instruction is applicable only if the


bankruptcy action, or local law prohibition,
actually prevented the initiation of foreclosure
action within the nine month requirement. If the
bankruptcy did not preclude the institution of
foreclosure within the nine month time frame, do
not enter an extension date in Item 19, unless
approved by the local HUD Office.*

If more than 60 days are needed to initiate


foreclosure, mortgagees must request an extension
from the local HUD Office on Form HUD-50012.

2.Assignment Rejection. (24 CFR 203.355) Local HUD Offices


will provide mortgagees (attached to the final
assignment
rejection letter) Form HUD-50012 which will grant a 60
day
extension from the date of the final assignment
rejection
letter under the following circumstances:

a.The mortgagee sent either the HUD #2 or the HUD #3


Letter a minimum of twenty days prior to the
expiration
of the nine month time limitation, unless the
mortgagee
was prohibited from doing so by State Law (or
bankruptcy); and

* b.The mortgagee had been prevented from initiating


foreclosure within nine months from the date of
default
because the local HUD Office was reviewing the
case for
Assignment.*

NOTE:If the only reason the mortgagee did not meet the
time limit to institute foreclosure was due to the
mortgagee's failure to begin the assignment
process in a timely manner (issue HUD #2 or HUD #3
letter at least twenty days prior to the
expiration of the time limit), no extension will
be given by the local HUD Office.

3.Time Frames for completion of Foreclosure. (24 CFR 203.356)


(Reasonable Diligence).

At the present time, the Department is not requiring


that
mortgagees obtain prior written approval to
exceed the state
time limits for the completion of foreclosure.

However, an extension of time to complete foreclosure is not


automatic. Supporting documentation such as attorney's
correspondence or copies of court records must be
retained
in the Claim Review File. In areas where recording
delays
are excessive, mortgagees must document efforts to
follow-up
with the recording authority.

Compliance with the foreclosure time limits will be


monitored through the Department's post claims review
process and Headquarters claim processing staff, as
appropriate.

4.Certain Supplemental Claims. (CFR 203.401(c)) Mortgagees


have a six month limitation to submit a supplemental
claim.
Supplemental claims submitted after the six month
limitation
will not be honored, except under the following
circumstances.

a.Hazard Insurance Refund Adjustments. A


supplemental
claim for a hazard insurance refund
adjustment (beyond
the six month time limit), will
automatically be
honored up to one year from the date of
final
settlement of the initial Part B, Single
Family Claim
Form, HUD-27011, under the following
conditions:

(1)All hazard insurance costs when known, where


included in the initial submission of
Form
HUD-27011, Part B, or to the extent
possible, are
claimed, within six months from the date
of final
settlement of Part B.

(2)The mortgagee diligently followed up with the


hazard insurance carrier to confirm any
necessary
adjustment.

(3)The supplemental claim is submitted within


fourteen calendar days from the date of
the
insurance carrier's notification of an
adjustment.

NOTE:The supplemental claim must be


received
within 24 calendar days from the date of
the carrier's notification.

(4)A copy of the carrier's notification is


attached
to the mortgagee's supplemental claim.

(5)The mortgagee has adequately indicated in the


mortgagee's comment section that the
supplemental
claim is being filed to recover an
adjustment to
the hazard insurance premium refund.

If more than one year is needed to make HIP


adjustments, mortgagees must request an extension
from the local HUD Office on Form HUD-50012. Only
hazard insurance adjustments will be honored with
this type of approved extension. Mortgagees may
not include other types of costs they may have
failed to include in earlier claim submissions.

b.Deficiency Judgment Costs. For cases where a


deficiency judgment was pursued, a supplemental claim
for the additional costs related to the pursuit of the
deficiency judgment may be submitted up to one year
from the date of final settlement (of the initial Part
B) or up to 3 months after the deficiency judgment,
whichever is later, subject to the following
conditions.

(1)All such costs when known, were included in


the
initial submission of Form HUD-27011, Single
Family Application for Insurance Benefits, Part B,
or, to the extent possible, are claimed within six
months from the date of final settlement of the
initial Part B.

(2)The mortgagee has adequately indicated in the


Mortgagee's Comment section that the supplemental
claim is being filed to recover deficiency
judgment costs.

NOTE:Mortgagees must request an extension


from the local HUD Office on Form
HUD-50012 if it will be necessary to
request reimbursement for any costs
related to the pursuit of a deficiency
judgment after the year time limit.

Only deficiency judgment costs will be honored


with this type of approved extension. Mortgagees
may not include other types of costs they may have
failed to include in earlier claim submissions.

Only one supplemental claim should be filed for


deficiency judgment costs on any one FHA case.
Mortgagees should ensure the deficiency judgment
has been resolved and that all deficiency judgment
costs are known and claimed at the time the
supplemental is filed.

A supplemental claim for deficiency judgment


costs
should not be submitted until resolution of the
deficiency judgment.

c.Overpayments. Mortgagees must promptly remit any


amounts overpaid on the claim and must promptly remit
any other funds received, within thirty calendar days
from the date of receipt. The six month limitation for
supplemental claims does not apply to
supplemental remittances. Prior written approval is
never required to file a supplemental for remittance of
funds.
Mortgagees will be monitored as to the promptness of
their submission.

* 5.Special Forbearance Agreement. If the mortgagee has


entered
into a valid special forbearance agreement with the
mortgagor, the mortgagee need not request prior written
approval from the local HUD office for an extension of the
timeframe to initiate foreclosure.

NOTE:The mortgagee must commence foreclosure within 90


days following the date the mortgagor fails to
meet the requirements of a special forbearance
under 24 CFR 203.614. Exceeding this 90 day
timeframe requires prior written approval from the
local HUD office.

6.Pre-foreclosure Sales. If initiation of foreclosure is


delayed due to a mortgagor being accepted into the
pre-foreclosure procedure in accordance with HUD Guidelines,
the mortgagee need not request prior written approval from
the local HUD office for an extension of the timeframe to
initiate foreclosure.

Mortgagees have nine months from the date default to begin


the pre-foreclosure sale procedure with a mortgagor (i.e.,
indicate to the mortgagor in writing that he or she is
qualified to pursue buyer under the PFS procedure, and delay
the foreclosure sale date). If the PFS procedures commences
within the nine-month period, but is not completed within
that time frame, mortgagees are not required to request
prior written approval from the local HUD Office for an
extension. However, commencement of the pre-foreclosure
sale procedure near the nine-month deadline should be
avoided except in cases where other types of mortgagor
relief have been tried and failed (e.g., application for
assignment; special forbearance).

NOTE:If the Pre-foreclosure Sale Procedure is


unsuccessful, mortgagees have 60 days from the
date a mortgagor's bona fide participation in the
pre-foreclosure sale procedure ends either to
accept a deed-in-lieu of foreclosure or to
initiate foreclosure proceedings against that
mortgagor, if foreclosure had not been initiated
before the date the mortgagor began participating
in the PFS procedure, or is legally required to be
"re-initiated". This 60-day period is applicable
regardless of whether the nine month timeframe has
run, so long as the homeowner was participating in
the pre-foreclosure sale procedure during the
affected period. Exceeding this 60 day timeframe
requires prior written approval from the local HUD
office.*

Compliance with all portions of Paragraph F will be


monitored through the post claims review process and
Headquarters claim processing staff, as appropriate.

G.Special Circumstances Which May Require The Mortgagee To Request


An Extension Of Time To Initiate Foreclosure.

1.Drug seizure related cases. Mortgagees will be prohibited


from initiating foreclosure in situations where the U. S.
Marshall/Department of Justice (DOJ) seized the property in
a drug related action. HUD will not become involved if the
U. S. Marshall/DOJ chooses to retain mortgaged property.
Mortgagees need not request an extension until the property
is released by the U. S. Marshall/DOJ and foreclosure action
or deed in lieu becomes necessary to acquire the property.

Because of the complexity of these cases, they will be dealt


with on a case-by-case basis. For cases where the mortgagee
needs an extension of time to initiate foreclosure, a
request should be made promptly to the local HUD Office.
Please contact the local HUD Office for guidance as to the
documentation required to be submitted with your extension
request.

2.Soldiers and Sailors Civil Relief Act of 1940. (24 CFR


203.346) The activation of certain reservists (such as to
the Persian Gulf in 1990) may require mortgagees to delay
the initiation of foreclosure because of the requirements of
this Act. If an extension to initiate foreclosure is needed
because of the requirements of the Act, an extension request
must be made to the local HUD Office. An appropriate
extension will be approved based upon the specifics of the
individual case. Please contact the local HUD Office for
guidance as to the documentation required to be submitted
with your extension request.

H.Claim Review File.

* 1.A copy of HUD's written response to each extension request


or requests to exceed cost limits must be maintained in the
mortgagees' claim review file. In addition, appropriate
documentation to support extensions not requiring prior*
written approval as explained in Paragraph F must be a part
of the Claim Review File.

* 2.If a subsequent claim review finds that an extension or an


approval to exceed cost limits was granted based upon a
misrepresentation of the facts, the claim will be considered
paid in error.*

1-7 MORTGAGE INSURANCE CERTIFICATE.

In all types of claims for mortgage insurance benefits, the mortgagee


is required to attach the original Mortgage Insurance Certificate
(MIC) to the original of Part A when it is submitted to HUD
Headquarters. Where the original MIC is not available, a duplicate
MIC may be obtained from the local HUD office having jurisdiction over
the property. (Additional guidance for obtaining a duplicate MIC may
be found in HUD Handbook 4000.2, Rev-2, Mortgagees' Handbook,
Application through Insurance dated July 30, 1991.)

A.All requests for a duplicate MIC must be in writing and forwarded


to the Chief of Mortgage Credit in the local HUD office. Provide
documentation that the case is insured (i.e., a copy of the MIC
reproduced from microfilm or other source), accompanied by a copy
of the mortgage note and a self addressed, stamped envelope.
(This will help assure that the duplicate MIC is returned to the
requesting lender rather than the originator.)

B.Old Section 221 Mortgages. Mortgage Insurance Certificates were


not issued for some old Section 221 mortgages. For these
mortgages, the mortgagee should submit a certification that the
mortgage is fully insured, that the insurance has not been
terminated and that no MIC was issued because it was an old
Section 221 mortgage. The certification must fully identify the
mortgage. Include a copy of the note showing the endorsement
date.

1-8 MORTGAGOR'S SOCIAL SECURITY NUMBER.

All claims must have the mortgagor's social security number entered in
Item 33 of Part A, Form HUD-27011. Any claim submitted without the
number will be returned for correction and debenture interest will be
curtailed if the corrected claim is not received within the prescribed
time. If a co-mortgagor's social security number is available, it
should also be entered. If there are additional mortgagors or
additional space is required, the "Mortgagee's Comments" space may be
used for this purpose.

If the application for a firm commitment was signed before August 15,
1986 the claim may be accepted without a social security number if:

-the mortgagee has made the annual requests for the mortgagor's
social security number that are required by the Internal Revenue
Service (IRS) but the mortgagor has failed to provide the
requested number;

-the mortgagee has made an exhaustive search of all available


records and cannot find the mortgagor's social security number in
addition to attempting direct contact with the mortgagor; and

-the defaulting mortgagor is either deceased or cannot be located


to provide the missing number.

Under these circumstances, the following certification, signed by an


authorized official of the mortgagee, must be attached to the claim or
entered in the "Mortgagee's Comments" section of the application.

"I certify that no social security number is available for FHA


Case Number ____________________, upon which this claim is based.
I further certify that I or representatives of my company have
searched for all available records and made all annual requests
for the mortgagor's social security number that are required by
the IRS."

The following remark, "See attached" must be entered in Item 33 in


lieu of the social security number.

1-9 MORTGAGE DEFAULT.

A mortgage is in default if the mortgagor fails to make any payment,


or to perform any other obligation under the mortgage, and such
failure continues for a period of 30 days. The date of a monetary
default is 30 days after the first failure to make a monthly payment
which subsequent payments are insufficient to cover when applied to
the overdue monthly payments in the order in which they became due.
Therefore, the date of default is either:

A.Two months from the due date of the last fully paid installment.

Example:

Due date of first installment 04/01/93


Due date of last fully paid installment 07/01/93
Date of first uncorrected payment failure 08/01/93
Date of default 09/01/93

B.One month from the due date of the first installment if no


payments are made

Example:

Due date of first installment 04/01/93


Date of first uncorrected payment failure 04/01/93
Date of default 05/01/93

If appropriate origination practices are followed, a situation


involving no payments should only occur in very unusual
circumstances.

Although subsequent payments may be sufficient to advance the


date of default when applied to overdue monthly payments, if the
time requirement to initiate foreclosure or record a deed-in-lieu
has been missed, such payments will not change the mortgagee's
failure to comply with the time requirement unless the payments
are sufficient to cure the default.

1-10 ATTORNEY'S FEES.

A.Allowable Fees. HUD will reimburse the mortgagee for reasonable


and customary fees paid to attorneys and trustees in connection
with the foreclosure of a mortgage or other acquisition of title,
the assignment of a mortgage to HUD and with securing possession
of the property. For routine legal actions, HUD reimburses
mortgagees for attorney's fees based on the FNMA Schedule of
Standard Attorney's and Trustee's Fees. Formerly, mortgagees
were generally instructed to enter the amount actually paid to
the attorney, regardless of whether the fee exceeded the FNMA fee
or whether the amounts were reasonable, and the initial claim
payment was limited to the allowable amount. Mortgagees must now
follow the instructions below regarding what may be claimed for
attorney's fees (for all claims filed on or after June 25, 1994,
except that the 75% reimbursement rule discussed below applies
only to foreclosures referred to an attorney on or after June 25,
1994). Generally, mortgagees may enter no more than the FNMA fee
for a routine legal action and may enter only reasonable
payments will not change the mortgagee's failure to comply with
the time requirement unless the payments are sufficient to cure
the default.

1-10 ATTORNEY'S FEES.

A.Allowable Fees. HUD will reimburse the mortgagee for reasonable


and customary fees paid to attorneys and trustees in connection
with the foreclosure of a mortgage or other acquisition of title,
the assignment of a mortgage to HUD and with securing possession
of the property. For routine legal actions, HUD reimburses
mortgagees for attorney's fees based on the FNMA Schedule of
Standard Attorney's and Trustee's Fees. Formerly, mortgagees
were generally instructed to enter the amount actually paid to
the attorney, regardless of whether the fee exceeded the FNMA fee
or whether the amounts were reasonable, and the initial claim
payment was limited to the allowable amount. Mortgagees must now
follow the instructions below regarding what may be claimed for
attorney's fees (for all claims filed on or after June 25, 1994,
except that the 75% reimbursement rule discussed below applies
only to foreclosures referred to an attorney on or after June 25,
1994). Generally, mortgagees may enter no more than the FNMA fee
for a routine legal action and may enter only reasonable
amounts for contested foreclosures, contested evictions, contested
bankruptcies, required probate procedures, etc. If the mortgagee
complies
with the guidance, the need to file a supplemental claim for additional
funds for attorney's fees should be eliminated in all but a very few
cases.
FNMA revises its fee schedules from time to time; therefore the
mortgagee
should use care in ensuring the applicable schedule is being used. HUD
reserves the right to revise amounts which it considers reasonable and
customary at any time.

Mortgagees are expected to maintain adequate documentation in the


claim review files to support all attorney's fees. This will be
subject to verification during the post claim review. If a
mortgagee's claim is more than the amounts allowed by the following
instructions, it will be considered a monetary finding, and the
mortgagee will be billed for the statistically calculated overpayment
for all claims within the review period.

As before, if the mortgagee believes it is entitled to more than the


amount HUD actually reimbursed in the initial claim payment, the
mortgagee may file a supplemental claim for attorney's fees. However,
mortgagees may file only one supplemental claim, so any claim for
additional attorney's fees must be included in that one supplemental
claim. In addition, supplemental claims for attorney's fees should no
longer be sent to the Home Mortgage Division, Room 9258, as had been
previously directed. The claims should now be sent to the appropriate
address indicated in Par. 1-2.C. (See Chapter 7 for Supplemental
Claim Instructions.)
HUD will not reimburse a mortgagee for overhead items such as
postage,
telephone, duplicating, etc. Attorney or trustee overhead costs
should be included in the attorney's fee.

Reimbursement for attorney's fees may be claimed by entering the


amount of the fee in the following Items in Part D of Form HUD-27011:

Item 305 - Mortgagees may enter in Item 305 an amount up to the


maximum FNMA fee for routine evictions, and reasonable attorney's
fees for contested evictions.

Item 306 - Mortgagees may enter in Item 306:

a maximum of the FNMA fee for attorney's fees incurred in


any completed routine foreclosure and reasonable and
customary fees for a contested foreclosure.
a maximum of 75% of the FNMA fee incurred for a routine
foreclosure that was not completed because:

- the mortgagor filed a bankruptcy petition.


- a deed-in-lieu of foreclosure was accepted after the
foreclosure was initiated.
- HUD directed the mortgagee to terminate foreclosure in
order to permit assignment consideration, provided the
foreclosure was properly initiated. (See HUD Handbook
4330.1, REV-4, paragraph 8-7(F)).
- the mortgagor was accepted into the Pre-foreclosure
Sale program or procedure.

a maximum of the FNMA fee for attorney' fees incurred for


specific legal services such as "proceedings subsequent" for
a Torrens title in Minnesota.

a maximum of the FNMA fee for attorney's fees incurred for a


deed-in-lieu of foreclosure.

reasonable attorney's fees incurred in preparing assignment


of a mortgage to HUD.

Item 307 - Mortgagees shall not enter attorney's fees in Item


307.

Item 310 - Mortgagees may enter in Item 310 an amount up to the


FNMA fee for attorney's fees actually incurred for each
bankruptcy and reasonable and customary attorney's fees incurred
when the bankruptcy was not routine. Mortgagees may not claim
attorney's fees for defending "cramdowns" in bankruptcy. *

B.Full and Two-Thirds Reimbursement. Allowable fees related to


assignment, and eviction or other possessory actions, are
reimbursable in full, but only two-thirds of fees paid in
connection with acquiring title to the property and its
conveyance to the Secretary are reimbursable. Bankruptcy
proceedings are related to the foreclosure action and are limited
to two-thirds reimbursement except in assignment claims.
In order to properly allocate attorney's fees between full and
two-thirds reimbursement, and permit review and payment, it may
be necessary to separate attorney's fees into six categories:

1.Fees Related to Acquisition of Title. These fees relate to


the foreclosure action or deed-in-lieu of foreclosure and
are shown in Item 306. They are subject to two-thirds
reimbursement. Costs paid by the attorney and reimbursed by
the mortgagee are shown in Item 307. If the attorney bills
the mortgagee for unallowable costs, they should not be
listed in either item.

2.Fees Related to Eviction or Gaining Possession. A separate


fee is permitted only in jurisdictions where court
procedures do not enable the foreclosing party to obtain
possession as a part of the foreclosure action and a
separate proceeding must be brought. Eviction fees and
costs should be shown in Item 305. The fee for eviction
should not be shown in Item 306 nor should costs be shown in
Item 307 because eviction fees and costs are fully
reimbursable (up to amounts approved by HUD) and not limited
to two-thirds as in foreclosure costs.

3.Fees Related to Bankruptcy Proceedings. Fees related to


bankruptcy should be separately stated and shown in Item
310. These fees are considered costs of acquisition and
subject to two-thirds reimbursement.

4.Fees Related to the Assignment of the Mortgage to the


Secretary. Fees related to assignment are reimbursable in
full and shown in Item 306.

5.Fees for Special Services. Extra costs or fees incurred as


a result of a defect in the mortgage transaction or a defect
in title which existed at, or prior to, the time the
mortgage was filed for record are not reimbursable, unless
the mortgage was sold by the Secretary or executed in
connection with the sale of the property by the Secretary.

6.Fees Related to Deficiency Judgments. Fees related to


deficiency judgments are reimbursable in full and shown in
Item 410. The fee for a judicial foreclosure when the
mortgage would otherwise be foreclosed by power of sale is
considered related to the deficiency judgment.

C.Salaried Employees. Compensation paid to an attorney or trustee


who is a salaried employee will not be reimbursed. The salary is
an obligation of the mortgagee unrelated to the foreclosure,
therefore, it is not a foreclosure cost "actually paid" by the
mortgagee (24 CFR 203.402(f)).

1-11 DEFICIENCY JUDGMENTS.

A.Pursuit of Judgment. Mortgagees are authorized to seek


deficiency judgments against mortgagors but costs associated with
such actions are reimbursable only if HUD requested or required
the action or approved the mortgagee's request to pursue a
judgment. The mortgagee must use the "Claims Without Conveyance
of Title (CWCOT)" procedure described in Chapter 6 in obtaining a
Commissioner's Adjusted Fair Market Value and in bidding at the
foreclosure sale. If the mortgagee is the successful bidder and
conveys title to the property to HUD, the claim for insurance
benefits must be filed as a conveyance claim (Chapter 2). If the
mortgagee retains the title or if a third party is the successful
bidder, the claim for insurance benefits must be filed as a Claim
Without Conveyance of Title (Chapter 6).

B.HUD Request. Generally, deficiency judgments will be sought


against mortgagors who retain significant assets or income after
foreclosure and can be expected to pay all or part of a
deficiency judgment within a reasonable time.

C.Collection. If a deficiency judgment is obtained, it must be


assigned to HUD within 30 days. The mortgagee shall not engage
in any collection activity.

D.Fees and Costs. Fees and costs are reimbursable only when HUD
requested or required the deficiency judgment action or when HUD
has approved the mortgagee's request to pursue the judgment. If
the costs of seeking a deficiency judgment are reimbursable, they
are 100 percent reimbursable. They should be entered in Item 410
of Part E and must be described in detail.

Allowable costs and fees are as follows:

1.Attorney fees which relate only to the deficiency judgment.

2.Additional filing or recording fees which relate only to the


deficiency judgment.

3.Costs related to a judicial foreclosure if local law


requires a judicial foreclosure in order to obtain a
deficiency judgment and the foreclosure would otherwise be
by power of sale.

The time limit for filing a supplemental claim will be extended,


if necessary, for reimbursement of the cost of seeking a
* deficiency judgment (See paragraphs 1-6F.4b and 7-5).
*

1-12 CLAIM FILE AND RETENTION OF RECORDS.

A.Claim File Maintenance. A claim file with complete records must


be maintained by the mortgagee on all cases for which a claim for
insurance benefits has been filed. Insurance claims are paid
through an automated payment system with control exercised
primarily on an exception basis. Since mortgagees are not
required to furnish receipts for reimbursable expenses with their
claims, the integrity of the system is dependent on mortgagee
compliance with claim processing requirements. Claim reviews are
conducted by HUD after payment to verify the accuracy of claim
submissions, and if inaccurate or
* inappropriate claims are found, repayment is required. If a
question arises regarding the support of an amount reimbursed on
an insurance claim, the burden of proof is on the mortgagee to
show the amount is valid and reimbursable. Amounts charged to
the mortgagee by any third party (over and above allowable fees)
and claimed for reimbursement are subject to the same
documentation requirements the mortgagee is expected to meet
ifthe mortgagee expended the funds directly.*

The mortgagee must be able to show support for all information


entered on the application for insurance benefits. Claim files
must be maintained for a period of three years after the date of
the last check received by the mortgagee in payment of a claim.
If the last notification from HUD was a billing then all records
must be maintained for a period of three years after resolution
of such billing. If the mortgagee is notified within the three
year period that its claims will be reviewed by HUD or its agent,
all claim files must be maintained until completion and final
settlement of the review. Claim files must be made available for
review within 24 hours of HUD's request. Mortgagees must be able
to retrieve claim files using the FHA case numbers. If
mortgagees wish to file according to their own internal numbering
system, they must maintain a cross reference with the FHA case
number. If a supplemental claim is filed, its resolution becomes
the last action for the purpose of establishing the three year
retention period. Documents may be stored on microfilm, provided
a legible hard copy can be produced within 24 hours of request.

The following records must be retained:


1.Copy of Parts A through E of Form HUD-27011.

2. All records, loan payment history, documents, papers and


* accounts relating to the mortgage transaction including
all
collection and foreclosure notes relating to each FHA case
maintained in the system database.*

3.Copies of the conditional commitment for insurance (if


applicable), the firm commitment (if applicable), the
mortgage insurance certificate (face and reverse), the
mortgage, and the mortgage note.

* 4.The credit worksheet signed by the mortgagee's


approved
underwriter (if applicable).*

5.Copy of Deed or assignment with date of recordation.

6.A copy of transmittal letter, if deed or assignment is sent


to recording authority.

7.HUD letters of approval or disapproval with respect to


assignments, extensions, protection and preservation
expenses and damaged properties.

8.Foreclosure initiation document.

9.Bankruptcy supporting documentation.


10.Title Approval letter.

11.Title Submission Certification (for assignments only).

12.Receipts supporting all disbursements for which


reimbursement is claimed. (Canceled checks are not
considered receipts.)

13.Inspection reports (initial, occupied and vacant).

14.Any photographs needed to support protection and


preservation expenses.

15.Copy of buydown and rental agreements.

16.Payment advice letters.

17.Copy of the Hazard Insurance Policy and Flood Insurance


Policy (if applicable).

18.Any additional information or data required by HUD


regulation, handbook, or mortgagee letter.

This is not intended to be an all-inclusive list. Mortgagees


must ensure the claim file contains documentation for all
information entered on the claim form.

B.Missing Claim Files. Claim files must be maintained for a period


of three years after final claim payment. If a claim file is
missing and cannot be produced for review, the Department may
consider all amounts for expenses and interest to have been paid
in error. HUD may charge a fee for the review of claim files
that are not provided to HUD when requested.

1-13 NEGATIVE CLAIM AMOUNT.

A. Original Claim. If the Net Claim Amount in Part B (Item 137) of


the original claim is a negative amount, do not send HUD a check.
HUD will calculate the claim making the necessary adjustments for
* the costs of foreclosure and will bill the mortgagee for the
amount due. The date of HUD's billing letter is the date used
for the 3-year documentation-retention requirement. *

B.Supplemental Claim. If the Net Claim Amount in Part B of a


Supplemental Claim is a negative amount, follow the instructions
in Paragraph 7-8.

1-14 REASSIGNMENT AND RECONVEYANCE.

A.Reassignment and Reconveyance. (24 CFR 203.364) If the mortgagee


conveys a property or assigns a mortgage to HUD which is
ineligible for insurance benefits or otherwise fails to comply
with the regulations, the mortgagee must promptly correct the
defect or HUD will reconvey the property or reassign the mortgage
to the mortgagee. If this occurs the mortgagee must reimburse
HUD for all expenses incurred in connection
with the acquisition, reconveyance or reassignment. If
reimbursement is not made promptly after
* notice, HUD will collect the debt by administrative offset.
The reimbursement must include the amount of the insurance
settlement, interest on such amount from the date the insurance
benefits were paid to the date of refund at an interest rate set
in conformity with the Treasury Fiscal Requirements Manual, all
expenses incurred in connection with the acquisition and
reconveyance and HUD's cost of holding the property, accruing
on a daily basis, from the date the deed was filed for record to
the date of reconveyance. The holding costs shall be based on
HUD's estimate of the taxes, maintenance and operating expenses
of the property and administrative expenses.

*
B. Reapplication. Upon reassignment or reconveyance the *
application for insurance benefits shall be considered as
canceled without prejudice to the right of the mortgagee to
reapply for insurance at a subsequent date. Reapplication,
however, does not extend the time periods for the
performance of any required action. The claim will be
considered received at the time of reapplication. This will
result in a loss of interest in most cases because the time
limitation will not be met.

*
For mortgages insured under firm commitments issued on or after
November 19, 1992 or under direct endorsement processing where
the credit worksheet was signed by the mortgagee's approved
underwriter on or after November 19, 1992, if the mortgagee
reapplies for insurance benefits the mortgagee will not be
reimbursed for any expenses incurred in connection with the
property after it has been reconveyed by the Secretary or paid
any debenture interest accruing after the date of the initial
conveyance or after the date conveyance was required by 24 CFR
203.359 of the regulations (see paragraph 2-2.D) whichever is
earlier and there will be deducted from the insurance benefits
any reduction in the Secretary's estimate of the value of the
property occurring from the time of reconveyance to the time of
reapplication (24 CFR 203.363).

*
C. Damage or Defective Title. On discovery of damage to the *
property or defective title, the field office will notify the
mortgagee to repair the damage within 90 days or correct the
defective title within 30 days in order to avoid reassignment
or reconveyance. One 30 day extension may be granted by the
field office if requested within the 90 or 30 day time frame.

If the damage or defect reduces the value of the property by a


measurable amount but does not prevent its sale, HUD may agree
to accept the
property and reduce the insurance benefits in an amount which
will compensate the mortgage insurance fund for any anticipated
loss.

For mortgages insured under a firm commitment issued on or after


November 19, 1992, or under Direct Endorsement processing where
the credit worksheet was signed by the mortgagee's approved
underwriter on or after November 19, 1992 if the title to a
property conveyed to the Secretary is not good and marketable,
the mortgagee will be required to correct the defect within 60
days after receiving notice from the Secretary or within such
further time as the Secretary may approve in writing. In this
case, the mortgagee may retain the insurance benefits already
paid, but it will not be reimbursed for any costs involved in
correcting the title (24 CFR 203.402(f)) (See paragraph 2-6D).

For specific requirements relating to the condition of the


property at the time of conveyance, see paragraph 2-10.*

* D.Uninsured Mortgages. If the mortgagee submits a claim on a


mortgage which was not insured by HUD, the property will be*
reconveyed or the mortgage will be reassigned and the mortgagee
will be required to reimburse HUD as above. If the property has
been sold, HUD will remit to the mortgagee the property's sales
price less the expenses of sale and expenses incurred while the
property was in HUD's inventory (taxes, utilities, repairs,
management fees, etc.).

1-15 QUALITY ASSURANCE.

HUD Regulation 24 CFR 202.12(j) requires approved mortgagees to have


a written Quality Control Plan for loan origination and servicing.
HUD has established minimum requirements which must be met for a
Quality Control Plan to be acceptable to HUD. Mortgagees' policies,
procedures and practices with respect to origination and servicing
have a direct impact on the number of claims filed, the amount of loss
to the government, and quality and accuracy of claim submissions.
Following are some of the determinations relating to claims which
mortgagees must make in order to meet HUD's minimum requirements. A
complete listing of HUD's Quality Control Plan minimum requirements
can be found in Handbook 4060.1, Mortgagee Approval Handbook.

Mortgagees must determine that:

_______________________________________________________________________
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Page 1-279/94

4330.4 GENERAL

_______________________________________________________________________
____

A.Insurance claims are properly calculated and claim amounts are


fully supported.

B.A thorough review of the claim application has been accomplished


to verify that supporting documentation exists for all
information entered on the claim form.

C.A thorough review is accomplished when filing a supplemental


claims to ensure that no other adjustments are needed.
D.Deeds-in-lieu are pursued where appropriate and deficiency
judgments are taken where required.

E.Property inspections are performed when the mortgagor fails to


make a mortgage payment and no contact is possible within 45 days
of the due date, or if the mortgage is in foreclosure and the
property is vacant (see 2-11B for more detailed inspection
requirements).

F.HUD-FHA monthly reporting requirements under the Single Family


Default Monitoring System are complied with.

G.Foreclosure proceedings are initiated and completed on a timely


basis and in accordance with HUD-FHA requirements.

H.Sufficient controls exist to assure that preparation of insurance


claims are complete, accurate and timely, in order to minimize
any loss to HUD.

1-16 REVIEW OF CLAIMS.

The automated system for the payment of insurance benefits relies on


the accuracy of the information provided by the mortgagee on the claim
form. Therefore all information entered on the claim form must be
supported by documentation in the claim file.

In order to verify the accuracy and appropriateness of amounts


claimed, HUD or its agent may conduct a review of the claim file at
any time within three years after the claim is paid. The mortgagee
who files the claim as the Servicing Mortgagee is responsible for the
completeness and accuracy of the claim submission. It is the
responsibility of the Servicing Mortgagee to remit any overpayments
identified on claim payments made by HUD. Statistical sampling may be
used to select claims for review and determine the amount due HUD for
overpayments. Denial of access to a file will be grounds for
withdrawal of the mortgagee's approved lender
status, debarment by the Secretary, or immediate suspension of all
claim payments to the mortgagee.

Mortgagees must promptly reimburse HUD for any amount overpaid because
of incorrect, unsupported or inappropriate information provided by the
mortgagee.

A.Frequency of Reviews. The Department may review any claim file


at any time during the required claim file retention period. See
paragraph 1-12.

B.Notification to Mortgagee. The Department will notify mortgagees


by letter prior to the commencement of a claims review. Upon
request by the Department, the mortgagee will make available for
review, hard copy claim files for any paid claim within 24 hours
of such a request.

C.Evaluation of Results. The result of a claims review will be


evaluated prior to the issuance of a report. Any discrepancies
resulting from inaccuracies, omissions, unsupported claim
information will be identified and provided to the mortgagee in
the initial report.

D.Reporting Process. After completion of the reviews, the


Department will issue the initial report identifying the errors
found, the mortgagee's potential liability, and whether or not
the mortgagee is in compliance with Department guidelines.

E.Billing. The mortgagee's potential liability will be identified


in the initial report. Mortgagees will have 45 days from the
date of the report to provide any additional documentation that
could affect the review results. If no additional documentation
is provided within 45 days, the report will be considered final
and the potential liability identified will become the amount
owed.

If additional information is provided, it will be reviewed and


adjustments to the potential amount owed will be made. Once the
final amount is determined, the mortgagee will be billed and
required to pay within 14 days. If payment is not received
within 30 days, interest will accrue from the date billed on the
amount owed. If payment is not received within 90 days, a
penalty plus administrative costs will be assessed.

F.Administrative Offset. If reimbursement is not made promptly


after the final amount is determined HUD may collect the debt by
administrative offset or other means.
CONVEYANCES 4330.4

_______________________________________________________________________
____

CHAPTER 2: CONVEYED HOME PROPERTIES

_______________________________________________________________________
____

2-1 GENERAL.

A. The procedures set forth in this chapter are applicable to


claims
involving:

1. The conveyance of a property to HUD.

2. Conveyance of properties formerly subject to coinsured


mortgages which have become fully insured (when 60 payments
are made). (See Chapter 5 for instructions for Coinsurance
claims.)

3. Cases where the Claims Without Conveyance of Title


procedures were followed but the mortgagee was the
successful bidder at the foreclosure sale for an amount not
in excess of the Commissioner's Adjusted Fair market value
and has elected to convey the property to HUD. (See Chapter
6 for CWCOT instructions).

B. In order to receive mortgage insurance benefits, the mortgagee


must convey the property to HUD unless:

1. The mortgagee assigned the mortgage to HUD pursuant to the


assignment program (24 CFR 203.650) or the assignment option
(24 CFR 221.255).

2.The loan is actively co-insured (less than 60 payments were


made) (24 CFR 204.251(k)).

3.The property was sold by the mortgagor with HUD authority


under the Pre-foreclosure Sales Program.

4.HUD has requested or required the mortgagee to use Claims


Without Conveyance of Title procedures (24 CFR 203.368).

5.The mortgagee assigned the mortgage to HUD pursuant to


Section 248 of the National Housing Act (Indian land),
Section 247 of the National Housing Act (Hawaiian homelands)
or Section 203g of the National Housing Act (Allegheny
Reservation of the Seneca Nation of Indians).

* C. The authority for the payment of mortgage insurance claims


and
the conditions of eligibility for mortgage insurance benefits on
conveyance of home mortgage properties are contained in Section
204 of the National Housing Act (12 USC 1710) *

2-2 TIME REQUIREMENTS.

The mortgagee must comply with the following time requirements


when submitting a claim involving conveyance of a property (24
CFR 203.355). Failure to comply will result in curtailment of
debenture interest to the date action should have been taken or
to the date to which it was extended by HUD (24 CFR 203.402(k)).

* A. Institution of Foreclosure.

1. Default. (24 CFR 203.355(a)) Institute foreclosure (or


obtain and record a deed-in-lieu of foreclosure) to acquire
the mortgaged property within nine months from the date of
default. (One year if the date of default was prior to
December 1, 1992)
*

Note: Although subsequent payments may be sufficient to


advance the date of default when applied to overdue monthly
payments, if the time requirement to initiate foreclosure or
record a deed-in-lieu has been missed such payments will not
change the mortgagee's failure to comply with the time
requirement unless the payments are sufficient to cure the
default.

* 2. Vacancy. (24 CFR 203.355(b))


(a) If the mortgage is in default and the property has
been determined to be vacant or abandoned (for
vacancies on or after August 1, 1993) foreclosure must
be instituted (or a deed-in-lieu of foreclosure must be
obtained and recorded) by the earlier of:

(1) nine months after the date of default; or


(2) 120 days after the date the property became
vacant, was discovered vacant, or should have
been discovered vacant.

(b) Generally a mortgagee will discover that a property


is vacant when it is inspected pursuant to 24 CFR
203.377 (see paragraph 2-11 B). If the mortgagee
failed to inspect the property within the specified
time period, or failed to discover the vacancy, the
vacancy date will be considered to be the last date on
which the mortgagee should have performed the
inspection under the regulation.

(c) If the property became vacant prior to an


inspection and the mortgagee has knowledge of such
vacancy, then the date the property became vacant will
be considered the vacancy date. A mortgagee may
acquire knowledge of vacancy by complaints of an
unkempt and apparent vacant condition of the premises,
condemnation or other notices requesting that the
mortgagee secure the property, notice of utility
disconnection or billings from the local jurisdiction
for debris removal, snow removal or lawn cuttings
resulting from local code violations.

(d) If the mortgage on a vacant property is not in


monetary default there is no requirement that the
mortgagee initiate foreclosure. However, if the
mortgage later goes into monetary default, the 120 day
time requirement begins on the date of default, not the
date of vacancy.

(e) If the property has more than one unit (e.g., 2, 3


or 4 units) the time period begins when all units have
become, or should have been discovered to be, vacant or
abandoned.

(f) Foreclosure on vacant or abandoned property should


not be delayed because of the notice requirements of 24
CFR 203.650 and 203.651 (the Assignment Program) or
due to pre-foreclosure sales under 24 CFR 203.606. *

* 3. Foreclosure Initiation Date. HUD considers *


foreclosure instituted when the mortgagee takes the
first public action required by law such as filing a
complaint or petition, recording a notice of default,
or publication of a notice of sale. Merely posting
notice on the property is not sufficient. The action
must be established as a public record through a
filing, recording, or a publication in a newspaper of
general circulation as required by law. See Appendix 6
for a state by state listing of the first public
actions considered by HUD to be required to commence
(initiate) foreclosure.

* 4. Foreclosure Prohibition. If the mortgagee is unable *


to initiate foreclosure or obtain and record a
deed-in-lieu within the required time because:

(a) state or local law prevents or delays action;

(b) bankruptcy has been instituted; or,

(c) HUD notified the mortgagee to delay initiation


pending a determination of assignment acceptability;
then up to 60 calendar days after the release of these
actions to initiate foreclosure is allowed. A request
for an extension of time to institute foreclosure is
not required under these conditions, provided
foreclosure is instituted within 60 days from the date
of release of such actions or does not exceed nine
* months from the date of default. An additional
extension may be allowed if the mortgagee must send the
letters under the assignment program or send notices
required by State law after the mortgage is released
from bankruptcy stay (See paragraph 2-17A). The date
of release must be entered in Item 21 Form HUD 27011
and the expiration date of the extension must be
entered in Item 19.
*

* NOTE: This time requirement is also applicable if


foreclosure has been initiated
and
interrupted by a bankruptcy, and
state law
requires a new foreclosure to be initiated. *

* 5. Assignment Letter. Prior to the institution of


foreclosure, mortgagees are required to send certain *
notification letters to the mortgagor (see Handbook
4330.1 for specific requirements) which provide the
mortgagor with an opportunity to cure the default or
request HUD to accept an assignment of the mortgage if
the mortgagee has not made such a recommendation.
Mortgagees are expected to meet these notification
requirements within the nine month time frame. HUD #2
or #3 letter should be issued at least 20 days prior to
the expiration of the nine months limit or the limit
will not be extended.

* 6. Combined Extensions. Additional extensions for both


assignment letters and State law notices will not be
permitted unless State law prohibits taking the two
actions simultaneously. See paragraph 2-17 A.

7.Special Forbearance. The mortgagee must commence


foreclosure within 90 days following the date the
mortgagor fails to meet the requirements of a special
forbearance under 24 CFR 203.614. See paragraph 1-6.

8.Pre-foreclosure Sales. If the pre-foreclosure sale is


unsuccessful, mortgagees have 60 days from the date a
mortgagor's bona fide participation in the
pre-foreclosure sale procedure ends either to accept a
deed-in-lieu or initiate foreclosure. See paragraph

B.Notice of Foreclosure. (24 CFR 203.356) Provide written notice


to HUD that foreclosure has been instituted. The notice must be
furnished within 30 calendar days of the institution of
foreclosure. This requirement is satisfied only by submission of
a complete and correct HUD Form 92068A, the monthly Single Family
Default Monitoring System (SFDMS) report.

C. Prosecuting Foreclosure. (24 CFR 203.356) Regulation 203.356


requires the mortgagee to "exercise reasonable diligence in
* prosecuting the foreclosure proceedings to completion and in
acquiring title to and possession of the property". Differences
in state procedures and redemption periods will affect the *
length of time required to complete foreclosure, therefore, the
required time will depend on the location of the mortgaged
property.

1.HUD will consider the mortgagee to have exercised


"reasonable diligence" when the time frames shown in
Appendix 7 are met in routine completed uncontested
foreclosures. These time frames may be revised from time to
time by mortgagee letter as local circumstances may require.

2.The time frames are measured from the initiation to the


completion of foreclosure. Initiation of foreclosure is the
first public action required by law, such as filing a
complaint or petition, recording a notice of default, or
publication of a notice of sale. Completion of foreclosure
is the date on which the Sheriff's, Trustee's, etc. deed or
certificate of title is recorded. The deed is generally
executed after the expiration of the redemption period and
before eviction of the occupant. Therefore, the time frame
includes redemption but not eviction.

* NOTE: Where state law allows, mortgagees are


encouraged
to take available actions to reduce the
redemption
period on vacant or abandoned property.
If the
expense to reduce the redemption period
will
exceed $250, local HUD office approval
should be
requested.
*

3.Debenture interest will not be curtailed if the time frame


is exceeded for reasons beyond the control of the mortgagee
or the mortgagee's agent. Examples of such circumstances
are: bankruptcy petition filed after foreclosure
initiation; contested foreclosures; overcrowded court
calendars; delays in obtaining service of process, etc. A
valid cause for exceeding the time frame may arise where the
title is conveyed directly to HUD (see paragraph 2-8). HUD
recognizes that prior approval to exceed this time frame
would be burdensome or unfeasible for both mortgagee and
field office and therefore it will not be required.
_
* NOTE: If bankruptcy interrupts the completion of
foreclosure and a new foreclosure is not
required
after the lifting of the bankruptcy stay,
and some
action is required by the court to
continue or
recommence the foreclosure, the mortgagee
is
expected to take such action to
recommence the
foreclosure within 60 days of the
bankruptcy stay
being lifted. Reasons (beyond the
mortgagees
control) for exceeding the 60 days must
be
adequately documented.
*

4.When the time frame is missed for reasons within the


mortgagee's control, mortgagees must enter a date in Item 31
on the claim form to curtail interest.

5.If the mortgagee is of the opinion that there is


justification for exceeding the time frame, a brief note of
the cause of delay should be entered in the Mortgagee's
Comment section of Part A and supporting documentation must
be placed in the claim file.

The cause of delay and the documentation will be examined


for justification at the time of the post claims review. If
not justified, the mortgagee will be required to refund to
HUD any overpaid debenture interest.

6.Supporting documentation such as attorney's correspondence


or copies of court records must be retained in the claim
review file. It would be impossible to attempt to identify
all types of documentation which HUD would consider
acceptable. However, there are several examples where the
claim review file must contain specific documentation other
than the attorney's correspondence. Several obvious
examples are as follows: where the mortgagee identifies the
pursuit of a deficiency judgment at HUD's request as the
cause of the delay, the claim review file must contain a
copy of HUD's request; and for bankruptcy delays maintain
copies of the bankruptcy court's notifications.

D.Conveyance to HUD. (24 CFR 203.359) After acquiring good and


marketable title to and possession of the property the mortgagee
shall transfer the property to the Commissioner.

* 1. For mortgages insured under a firm commitment issued


prior
to November 19, 1992, or under Direct Endorsement processing
where the credit worksheet was signed by the mortgagee's
approved underwriter prior to November 19, 1992:

(a)within 30 days after acquiring possession of the


property by foreclosure or other means; or

(b)within such further time as may be necessary to


complete the title examination and perfect the title.

2.For mortgages insured under a firm commitment issued on or


after November 19, 1992, or under Direct Endorsement
processing where the credit worksheet was signed by the
mortgagee's approved underwriter on or after November 19,
1992, within 30 days of the later of:

(a)filing for record the foreclosure deed;

(b)recording date of a deed-in-lieu of foreclosure;


(c)acquiring possession of the property;

(d)expiration of the redemption period; or

(e) such further time as HUD may approve in writing. *

3.This time may be extended with written HUD Field Office


approval, if it becomes necessary to correct a title defect
or some other legitimate event delays conveyance.

4. The mortgagee must certify that the property contains no


personal property at the time of conveyance (unless the
secretary has agreed to accept occupied conveyance)
so the mortgagee must act promptly to assure that all
personal property has been removed within 30 days after
* acquiring title and possession. For mortgages insured
under
a firm commitment issued on or after November 19, 1992, or
under Direct Endorsement processing where the credit
worksheet was signed by the mortgagee's approved underwriter
on or after November 19, 1992, the mortgagee will not be
reimbursed for the cost of protecting, operating, preserving
or inspecting the property or removing debris from the
property incurred after the deadline for conveyance of the
property. (24 CFR 203.402(g)(2))
*

5.In some areas the foreclosure deed may convey title directly
to the Secretary instead of the mortgagee. This practice is
encouraged by HUD because it avoids payment of additional
transfer taxes by the insurance fund. (See paragraph 2-8
for claim procedures in direct conveyance cases.) In such direct
conveyance cases the property must
be transferred to HUD within 30 days after the reasonable
diligence time frame for completion of foreclosure and
acquisition of title and possession specified in
paragraph 2-2 C above.*

6. HUD will accept the date the deed (to the Secretary) is
mailed to the recording authority (not to the attorney)
as the date the deed is filed for record. If the
mortgagee elects to use the mailing date that date will be
* considered as the filing date for all claim purposes.
In
the event a deed-in-lieu of foreclosure is directly conveyed
to HUD, the mortgagee may use the mailing date for both
items 10 and 11 on the claim.
*

E. Submit Claim to HUD Headquarters. (24 CFR 203.360) Submit the


original Part A of Form HUD-27011 to the Department of Housing
and Urban Development on the date the deed to the Secretary is
filed for record (or the date the deed is mailed to the
recording authority). The original of the Mortgage Insurance
Certificate (MIC) must accompany Part A of form HUD-27011 to be
considered a complete Part A submission. Part A and the MIC
must be mailed on the date the deed to the Secretary is filed
for record (or the date the deed is mailed to the recording
* authority) and must be received in Headquarters within 10
days
of the date the deed is filed. Failure to meet these submission
requirements will result in an interest curtailment. *

F.Submit Claim to Field Office. (24 CFR 203.360) Submit a copy of


Part A of Form HUD-27011 to the local HUD office on the date the
deed to the Secretary is filed for record. The copy must be
accompanied by all required attachments.

* Note: This guidance is intended to ensure that both HUD


Headquarters and the HUD field office are notified of the
conveyance at the same time. Field office receipt of the HUD
Form 27011 verifies that the property is received into HUD's
inventory. Failure to timely submit the Part A may result in an
interest curtailment or other administration sanctions.

G.Submit Title Evidence. (24 CFR 203.365) As soon as possible,


but no later than 45 calendar days after the deed is filed for
record, send to the local HUD office a copy of the mortgage and
the original title evidence reflecting ownership vested in the
Secretary. This must be received by the local HUD office within
55 calendar days after the deed is filed for record.

H.Submit Fiscal Data to HUD Headquarters. (24 CFR 203.365) Submit


the original Part B of Form HUD-27011 to HUD Headquarters
accompanied by the original title approval letter. This part of
the form must be mailed within 45 days of the date the deed is
filed for record, or received in HUD Headquarters
within 15 calendar days after the date of the title approval
letter, whichever is later.

I.Submit Fiscal Data to Field Office. (24 CFR 203.365) Submit a


copy of Part B of Form HUD-27011 and the original of Parts C, D
and E to the local HUD office on the date the original Part B is
submitted to HUD Headquarters.

2-3 EXTENSION OF TIME REQUIREMENTS.

If the mortgagee cannot comply with the above time requirements for a
particular action because of circumstances beyond its control, it
should submit a request for an extension of time on Form HUD-50012 to
the local HUD office. (See paragraph 1-6).

2-4 CLAIM PAYMENT.

A.Initial Payment. Upon receipt of an acceptable Part A and


required attachments, HUD will promptly pay the unpaid principal
balance plus debenture interest. Before debenture interest is
calculated, the unpaid principal balance will be reduced by the
greater of any damage or insurance recovery reported in Item 27.
The automated system will determine the amount of debenture
interest earned on the balance from the date of default to the
date of the initial settlement or to the date of interest
curtailment.

B.Final Payment. Upon receipt of an acceptable Part B and required


attachments, HUD will promptly pay the mortgagee's expenses and
allowances, plus debenture interest. The mortgagee computes the
interest for each item in Parts C and D, from the date of
disbursement (or default if later) to the date the claim is
prepared or curtailed. HUD will compute any additional interest
earned after that date.

C.Payment Advice Letter. Within a few days of receipt of payment,


the mortgagee will receive a letter giving detailed information
on the payment of the claim. The letter is generated by the
system. A copy of the letter must be retained in the audit file.

2-5 DEBENTURE INTEREST COMPUTATION.

A.By HUD. HUD will compute the debenture interest on the unpaid
principal balance from the date of default to the date of
settlement of Part A and on expenditures from the date of the
submission of Part B to the date of settlement of Part B,
provided all time requirements have been met. If the mortgagee
fails
to meet a time requirement, HUD will compute debenture interest
only to the date the action should have been taken or to the date
to which the time was extended by HUD.

B.By the Mortgagee. The mortgagee will compute the debenture


interest due on each disbursement itemized in Parts C and D from
the date of disbursement (or default if later) to the date Part B
is prepared or to the curtailment date, whichever is earlier.

C.Curtailment of Interest. (24 CFR 203.402 (k)) HUD regulations


require the mortgagee to take certain actions within specified
time periods. If these time requirements are not met, debenture
interest allowance will be curtailed. The only exception is when
an extension of time has been approved by HUD in writing. This
means that if a required action is not taken within the time
allowed, interest will be computed only to the date that action
should have been taken or to which it was extended.

If the mortgagee fails to perform several actions within the


specified time periods, interest will be curtailed to the
applicable date of the earliest failure.

For example, if the mortgagee fails to institute foreclosure


within nine months of default and fails to submit the title
evidence within 45 days after the deed to the Secretary is filed
for record and neither time frame was extended by HUD, debenture
interest on the unpaid principal balance and on all expenditures
is computed only to the date on which foreclosure should have
been initiated.

* In most circumstances, HUD's automated system can measure the


time between two dates entered on the form, determine if time
requirements have been met and calculate the date to which
debenture interest should be paid. However, there are four
circumstances where it is necessary for the mortgagee to
calculate the curtailment date because HUD's system is unable to
do so when mortgagees fail to take an action within the specified
time period or an approved extension. In one of the following
four circumstances, the mortgagee must determine the date on
which an action should have been taken (curtailment date)
and enter this date in Item 31 of Part A.
*

* 1. Failure to initiate foreclosure within nine month of


default
and subsequent payments advance the default date. (24 CFR
203.355(a)) When a loan is in default, and more than nine
months have elapsed before foreclosure is initiated with no
intervening circumstances such as a bankruptcy or an
approved HUD extension of time, the time requirement to
initiate foreclosure is considered to have been missed,
regardless of whether subsequent payments advance the
default date.

2.Failure to initiate foreclosure on a timely basis where the


property is vacant or abandoned. (24 CFR 203.355(b)) When a
loan is in default and the property is vacant or becomes
vacant and more than 120 days have elapsed from default or
vacancy (whichever is later) before foreclosure is initiated
with no intervening circumstances such as a bankruptcy or an
approved HUD extension of time, the time
requirement to initiate foreclosure has been missed. *

* 3. Failure to Give Notice of Foreclosure. (24 CFR 203.356)


Within 30 calendar days of institution of foreclosure,
written notice must be provided to HUD. This requirement *
is satisfied only by submission of a complete and correct
HUD Form 92068A, the monthly Single Family Default
Monitoring System (SFDMS) report. HUD will not accept any
other method of reporting as meeting this requirement.
Mortgagees are considered to be in compliance with this
requirement when the institution of foreclosure (status B)
in a given month is reported on that month's end SFDMS
report 92068-A (the next required SFDMS report), or that of
the next following month.

4.Failure to Exercise Reasonable Diligence. (24 CFR 203.356)


When the reasonable diligence time frame is exceeded without
a valid reason. (See Appendix 7 for state by state listing
of time frames.)

* The date in Item 31 should never be equal to or later than


the
date in Item 9. *

The date on which an action should have been taken (curtailment


date) should be entered in Items 204 Part C and 304 Part D and
404 Part E. Item 104 Part B will show the actual date Part B was
prepared and not the curtailment date.
D.Expenditures Prior to the Date of Default. It is possible that
expenditures or advances will be made by mortgagees prior to the
date of default. The regulations do not permit the payment of
debenture interest on expenses prior to the date of default (24
CFR 203.410(a)). If an expenditure or advancement is made prior
to the date of default, debenture interest is computed from
default date. When completing Parts, C, D and E of Form
HUD-27011, the mortgagee should enter the date of default in the
"Date Paid" column if the expense was paid prior to default. In
addition, place the actual date paid in parenthesis following the
description.

E.Interest Computations. Enter in Item 204 and Item 304 the date
to which interest is calculated. Only when no time requirement
or approved extension has been missed will this be the same date
as entered in Item 104, Part B. If one or more time requirements have
been missed enter the earliest
date on which a required action should have been taken (the
curtailment date). See Appendix 10. When a curtailment date is
entered in Item 204 Part C and 304 Part D, enter an asterisk in
Item 104 after the date on which Part B is prepared and submitted
to HUD and indicate on the form the reason for the curtailment.

The amount of interest to be claimed for an expenditure is to be


calculated as follows:

1.Multiply the daily interest rate factor by the amount paid.

2.Multiply this result by the number of days from the date


paid (or default date, if later) for each line Item to the
earlier of: (i) date in Item 104 (submission date for Part
B), or (ii) the date of the earliest time requirement
missed. (Item 204 and 304)

Daily Interest Rate Factor tables are provided in Appendix 8 to


assist in converting the debenture interest rates to factors. In
addition, Julian date calendars are provided in Appendix 9 to
assist in determining the number of days from the date the
expenditure was paid (or default date, if later) to the date the
claim was prepared, Item 104 (or the curtailment date if
earlier).

The following three examples are provided to illustrate how


debenture interest must be calculated on reimbursable expenses.
In the first example, all time requirements were met; in the
second example, the requirement to institute foreclosure within
nine months of default was missed; and in the third example, the
property was not conveyed to HUD within 30 days of possession and
marketable title. In all of the examples a debenture interest
rate of 8.5 percent is used with a daily interest rate factor of
.0002328767. Alternatively, the annual interest rate may be
divided by 365. (For a leap year, divide by 366.)

Example 1: All Time Requirements Met.

In this example, all time requirements have been met. The


default date was January 1, 1993. Interest on expenditures is
calculated from the date of each expenditure (or default date if
later) to the date the Part B claim form was prepared. See the
Julian Date Calendar (Appendix 9) to calculate the number of
days. The following expenditures were Itemized on Parts C and D
and included in the amounts claimed on Part B of Form HUD-27011
(Items 110 and 111) submitted June 15, 1994.

December 10, 1992 $100 paid for Hazard Insurance


Premium (Escrow
has been fully
depleted)

May 22, 1994 $25 paid for lawn moving

June 9, 1994 $156 paid for debris removal

Amount of
Interest to
Amount Daily Interest Days be claimed
Paid Rate Factor Covered on Part C
____ ___________ _______ __________

$100 x .0002328767 x 531 (1/01/93 - 6/15/94) = 12.37


25 x .0002328767 x 24 (5/22/94 - 6/15/94) = .14
156 x .0002328767 x 6 (6/09/94 - 6/15/94) = .22

In this example, the mortgagee is entitled to interest on the expenses


from the date they were paid (or default date if later) up to the date
the claim is settled. The mortgagee calculates the interest up to the
date the claim form was prepared and submitted, and HUD calculates the
interest up the settlement date.

Example 2: Mortgagee Failed to Institute Foreclosure Within Nine


Months from the Date of Default.

In Example 2, the mortgagee failed to initiate foreclosure within


nine months of the date of default and no extension was requested
or granted. As a result, interest does not accrue on any part of
the claim beyond the date foreclosure should have been
instituted.

Interest must be calculated from the date of the expenditure to


the date by which foreclosure should have been instituted. The
date of default was January 1, 1993, however foreclosure was not
instituted until March 15, 1994. In order for the mortgagee to
have met the time requirement, foreclosure should have instituted
by October 1, 1993. Interest on reimbursable expenses may only
be claimed and paid to October 1, 1993.

The following expenditures were Itemized on Part C and included


in Part B (Item 110), Form HUD-27011, submitted June 15, 1994.
Since these expenditures were incurred after October 1, 1993,
interest is not payable on these amounts.

May 22, 1994 $ 25 paid for lawn mowing


June 9, 1994 $156 paid for debris removal

Amount Daily Interest Days


Paid Rate Factor Covered Interest
____ ___________ _______ __________

$ 25 x .0002328767 x 0 (5/22/94 - 1/1/93) = 0.00


156 x .0002328767 x 0 (6/09/94 - 1/1/93) = 0.00

In this case the mortgagee must asterisk the date in Item 104
(June 15, 1994*) and place a notation on the form as follows:

*Failure to institute foreclosure within nine months of the


date of default (January 1, 1993). Interest calculated to
October 1, 1993.

Example 3: Mortgagee Failed to Convey the Property to HUD Within 30


Days of Possession and Marketable Title.

In Example 3, the mortgagee met the time requirements to institute and


to complete foreclosure, but did not convey the property to HUD within
30 days of possession and marketable title.

In this example, the mortgagee had possession of and marketable title


to the property on July 2, 1993. The time limit to convey ended
August 1, 1993. However, the property was not conveyed, and Part A of
the claim was not filed until August 15, 1993. Therefore, interest is
calculated from the date of the expenditure (date paid) to the date
the time allowed for conveyance expired (August 1). The following
expenditures were Itemized on Part C and included in the amount
claimed in Item 110 of Part B, Form HUD-27011 submitted September 15,
1993.

July 22, 1993 $ 25 paid for lawn mowing

August 9, 1993 $156 paid for debris removal

Amount Daily Interest Days


Paid Rate Factor Covered Interest
____ ___________ _______ __________

$ 25 x .0002328767 x 10 (7/22/93 - 8/1/93) = .06


156 x .0002328767 x 0 (8/09/93 - 8/1/93) = .00

In this case the mortgagee should asterisk the date in Item 104
(September 15, 1993*) and place a notation on the form as
follows:

*Failure to convey within 30 days of the date in Item 9


(July 2, 1993). Interest calculated to August 1, 1993 (Item
9 plus 30 days).

In addition to these examples, a table is attached (App. 10 -


Conveyances: Earliest Time Requirement Missed), which may be used to
help determine the appropriate beginning and ending dates for the
calculation of debenture interest. Mortgagees should review their
copy of Part A and the Advice of Payment letter (if available) in
determining whether a time frame was missed.

2-6 TITLE REQUIREMENTS.

A.Date of Acquisition of Title. The date of acquisition of title


is the date the deed or other document conveying title to the
mortgagee is filed for record. The deed may be the Sheriff's,
Trustee's, etc. deed or certificate of title, or a deed-in-lieu
of foreclosure. This date is entered in Item 9, Part A, unless
the mortgagee does not yet have possession of the property. If
title does not pass through the mortgagee, as in a direct
conveyance, the date to be entered in Item 9 is the date the deed
to the Secretary is filed for record (same date as Item 10).

B. Acceptable Title. Title conveyed to the Secretary must


be good and marketable, and clear of all encumbrances
except easements and restrictions of record which have
been approved by HUD. The title evidence must show that
according to the public records there are no outstanding
prior liens, including any past due and unpaid ground
rents, general taxes or special assessments.

HUD's decision will be final as to the acceptability


of title and title evidence. Notwithstanding a defect in
title, HUD may, at its option, accept defective title if
the mortgagee agrees to a reduction in benefits.

Deeds shall be recorded in the name of the


"Secretary of Housing and Urban Development, his
successors and assigns" with the address of the local
field office and "Attention: Single Family Property
Disposition Branch". The purpose of this instruction is
to assure that taxing authorities will send tax bills to
the local office for payment rather than HUD
Headquarters.

C.Types of Title Evidence. Submit one of the following types of


title evidence of recorded title to the Secretary:

1.Fee or owner's title policy. A fee or owner's policy of


title insurance, a guaranty or guarantee of title, or a
certificate of title, issued by a title company, duly
authorized by law and qualified by experience to issue such
instruments. If an owner's policy of title insurance is
forwarded, it shall show title in the name of the Secretary
and insure to the benefit of his/her successors in office.

2.Mortgagee policy of title insurance. A mortgagee's policy


of title insurance supplemented by an Abstract and an
Attorney's Certificate of Title covering the period
subsequent to the date of the mortgage. The terms of the
policy shall be such that the liability of the title company
will continue in favor of the Secretary after title is
conveyed to him/her (24 CFR 203.385(b)).

3.Abstract and legal opinion. An abstract of title prepared


by an abstract company or individual engaged in the business
of preparing abstracts of title and accompanied by the legal
opinion as to the quality of such title signed by an
attorney-at-law experienced in examination of titles. The
Attorney's Certificate of Title, Form HUD-2319 (see Appendix
11) should be used for this purpose.

4.A Torrens or similar title certificate.

5.Title Standard of U.S. or State government. Evidence of


title conforming to the standards of a supervising branch of
the government of the United States or of any state or
territory thereof.

D.Title Approval. The original title evidence must be sent to the


local HUD office no later than 45 days after the date the deed
was filed for record, together with a copy of Part A of Form
HUD-27011, a copy of the mortgage instrument containing a
complete legal description of the property and a copy of the
recorded deed.

The field office will review the title evidence for approval or
* denial. If the title evidence has been approved, HUD will
forward to the mortgagee a title approval letter which must *
be submitted to HUD Headquarters with Part B of Form
HUD-27011 within 45 days after the date the deed was filed
for record or received at HUD Headquarters with Part B of
Form HUD-27011 within 15 days after the date of the approval
letter, whichever is later.

If the title or title evidence is faulty or incomplete, it will


be returned to the mortgagee for correction or completion. The
title evidence will not be considered as having been submitted
until it is returned with the required corrections. Fees or
costs incurred as a result of a defect in the mortgage
transaction or a defect in title are not reimbursable unless
the mortgage was sold by the Secretary or executed in
connection with the sale of the property by the Secretary
(24 CFR 203.366(b)).

If the corrections are not made within a reasonable time, the


local office may reconvey the property to the mortgagee by
quit-claim deed. If this occurs HUD will cancel the claim for
insurance benefits and will require prompt reimbursement to HUD
for the amount of the insurance settlement and any expenses
incurred by HUD during the period of its ownership. These
expenses will include but are not limited to HUD's expenditures
for taxes, maintenance of the property and administrative
expenses related to the preservation of the property. When the
objection to the title has been corrected, the mortgagee may then
resubmit the claim (See paragraph 1-14).

* For mortgages insured under a firm commitment issued on or


after
November 19, 1992, or under Direct Endorsement processing where
the credit worksheet was signed by the mortgagee's approved
underwriter on or after November 19, 1992 if the title to a
property conveyed to the Secretary is not good and marketable,
the mortgagee will be required to correct the defect within 60
days after receiving notice from the Secretary or within such
further time as the Secretary may approve in writing (24 CFR
203.366(b)). In this case, the mortgagee may retain the
insurance benefits already paid, but it will not be reimbursed
for any costs involved in correcting the title (CFR 203.402(f)).

1.If a title defect is not corrected within 60 days after


receiving notice (or within an approved extension of time),
the mortgagee will be required to reimburse the Secretary
for holding costs and interest on the paid insurance
benefits at a rate set in conformity with the Treasury
Fiscal Requirements Manual from the date of the notice to
the date the defect is corrected or to the date the
Secretary reconveys the property.

2.If the defect is not corrected within a reasonable time, the


Secretary will reconvey the property and the mortgagee will
be required to reimburse the Secretary as provided in 24 CFR
203.363 and 24 CFR 203.364. The Department will determine
on a case by case basis as to what will constitute
"reasonable time" for purposes of correcting title defects.

3.The contract of mortgage insurance (Subpart B of 24 CFR Part


203) stipulates that the mortgagee, not HUD, must bear the
cost of correcting title defects and property expenses
pending correction, because HUD did not participate in
obtaining or maintaining the mortgage lien nor in acquiring
title to the property. (HUD accepts responsibility only
where the Secretary had sold the mortgage or the property
with the senior adverse interest that causes the title
defect (24 CFR 203.390).)

E.Amount of Title Insurance. When a title policy is submitted as


evidence of good and marketable title, the amount of title
insurance coverage must be equal to the unpaid principal balance
of the mortgage.

Exception:

If the mortgagee uses the Claims Without Conveyance of Title


procedure and has a copy of "Form HUD-91022, Mortgage Notice of
Foreclosure Sale" available, the amount of title insurance
coverage should be the amount of the Commissioner's Fair Market
Value entered in line 5 of Part B, Form HUD-91022. (Note: Do
not use the Adjusted Fair Market Value in line 7.) (See Appendix
12.)

2-7 DEEDS-IN-LIEU OF FORECLOSURE.

A.General. (24 CFR 203.357) When the mortgage is in default, the


mortgagee should consider accepting a voluntary conveyance to
avoid foreclosure and are encouraged by HUD to do so in all
appropriate cases. HUD approval is required prior to accepting a
deed in lieu when the mortgagor owns more than one property
subject to FHA insurance or if the mortgagor is a corporation.
Deeds must not be accepted from mortgagors when HUD has requested
the mortgagee to pursue a deficiency judgment or where it is
clear to the mortgagee that acceptance of a deed is simply a
matter of convenience from a mortgagor clearly able to make the
mortgage payments.

B. Form of Conveyance. The conveyance may be either (i) directly


from the mortgagor to HUD, or (ii) from the mortgagor to the
mortgagee and then from the mortgagee to HUD. Under either
method HUD must receive good and marketable title.
*
C. Compensation. (24 CPR 203.402(p)) The mortgagee may pay the
mortgagor up to $500 consideration for execution of the deed
unless the property is conveyed occupied or the mortgage was
co-insured under 24 CFR Part 204. The amount paid to the
mortgagor may be included as an acquisition cost in Item 305.
*

2-8 DIRECT CONVEYANCE. (24 CFR 203.358)

A.When To Use Direct Conveyance. Where State law permits


mortgagees should have the property deeded directly to HUD,
without taking title in its own name first, in order to save time
and avoid double payment of transfer taxes in states where:

1.the property is vacant; or

2.the eviction process takes place simultaneously as a part of


the foreclosure action; or

3.the eviction action can be processed before the deed is


recorded and there is no delay; or

4.HUD has agreed to accept the property occupied pursuant to


the occupied conveyance regulation (24 CFR 203.679).

B.When Not To Use Direct Conveyance. Direct conveyance should not


be used when it will result in HUD having recorded title to
properties that are occupied without its prior approval. This
violates HUD regulations and causes serious problems. It becomes
uncertain as to who (the lender or HUD) should be paying taxes,
liens, assessments, utilities, etc.; local HUD offices are unable
to fully market properties although the property has been
officially deeded to HUD; lenders are routinely incurring
expenses after the date the deed is filed for record; and HUD is
unable to properly monitor mortgagee compliance with respect to
conveyance of damaged properties. Mortgagees may not file their
claim until such properties are vacant.

C.Claim Form Adjustments.

1. If the property is vacant at the time the direct conveyance


deed is executed, one month may be added to the foreclosure
(reasonable diligence) time frame.
*
2. If the property is occupied and an eviction action is
necessary to obtain possession, if the eviction action was
initiated in a timely manner, the time frame will be
extended until possession is obtained and an additional
month may be added to the foreclosure (reasonable diligence)
time frame. The cause for the delay must be explained in
the Mortgagee's Comment section of Part A.
*

2-9 OCCUPANCY AND POSSESSION OF PROPERTY.

A.Occupancy. The property may not be occupied at the time of


conveyance unless HUD agrees to accept it occupied as provided in
24 CFR 203.670 through 203.681. Under these regulations the
mortgagee is required to notify the mortgagor of the potential
acquisition by HUD. The mortgagee must provide such notice (with
a copy to HUD) at least 60 days but not more than 90
days before the date on which it reasonably expects to acquire
title to the property. See HUD Handbook 4330.1.

The mortgagee shall be allowed to convey the property occupied if


HUD agreed to accept the property occupied or if HUD notified the
mortgagee that it was considering a request for continued
occupancy and no subsequent notification from HUD has been
received within 90 days after the mortgagee's notice referred to
in subparagraph A above (24 CFR 203.670(c)).

B.Possession. HUD considers the property to be in the possession


of the mortgagee (for insurance claim purposes) when the property
was first discovered to be vacant by the mortgagee or its agent,
or would have been discovered if the mortgagee was making
regularly scheduled inspections. The date of possession is not
dependent on securing the property, changing the locks, etc.

C.Keys. Keys for the property must be forwarded to the local HUD
office as soon as they are obtained, preferably at the time a
copy of Part A is submitted. Include the FHA case number and
property address with each set of keys. Do not send keys to HUD
Headquarters, and do not delay submission of the copy of Part A
to the HUD local office.

2-10 CONDITION OF PROPERTY AT CONVEYANCE.

A.Repairs by Mortgagee. (24 CFR 203.379 and 203.380)

1.Before conveying the property to HUD, the mortgagee must


repair at its own cost:

a. any damage caused by fire, flood, earthquake, tornado,


hurricane, (or boiler explosion (24 CFR 234.270(a)) in
the case of condominium); and,
*
b. any damage caused by the mortgagee's failure to take
reasonable action to inspect, protect and preserve a
vacant or abandoned property if the mortgage was
insured on or after January 1, 1977. "Reasonable
action includes the commencement of foreclosure of a
defaulted mortgage on vacant or abandoned property
within the time required by paragraph 2-2A.
*
*
2. After repairs have been completed and the mortgagee is
satisfied that they are adequate, the mortgagee may (at its
option) ask for assurance that the repairs are acceptable to
HUD so that a later claim for mortgage
insurance benefits will not be surcharged because of the
damage. The following procedure applies to such requests:

a.Contact the Loan Management Branch of the local HUD


Field Office having jurisdiction over the property when
the repairs have been completed to the mortgagee's
satisfaction. That office will arrange for assignment
of a member of the Fee Inspection Panel and the
mortgagee will be notified of the assignment.

b.The mortgagee assumes full responsibility for payment


of the inspection fee, which may not be passed on to
the mortgagor or included in a later claim for
insurance benefits.

c.Send the inspection's completed report on Form


HUD-92051, (Appendix 27) to the HUD Field Office having
jurisdiction over the property, where it is
counter-signed before the original is returned to the
mortgagee. The inspection report of the fee inspector
should attest that he is a duly qualified member of the
Field Office Panel.

d.Retain a copy of the signed report in the mortgagee's


files.

NOTE: If the report documents that the repairs are


satisfactory, it represents HUD's assurance that the claim
will not be surcharged for the damage.

3.The mortgagee is not required to repair damage resulting


from causes other than those itemized above unless the
repairs are requested in writing by HUD, or the repairs are
necessary to protect and preserve the property until its
conveyance to HUD and the local HUD office has approved any
expenditures over and above the jurisdictional limit for
preservation and protection.

4.If repairs for which the mortgagee is not responsible are


made at HUD's request, or if the repairs are necessary to
protect and preserve the property until conveyance to HUD,
the cost should be entered on Part C (Disbursements for
Protection and Preservation) in accordance with HUD regional
protection and preservation costs limits.

5.HUD will not reimburse the mortgagee for repairs to or


maintenance of property occupied by the mortgagor.
B.Unrepaired Conveyance. (24 CFR 203.379(a))

1.If the prior approval of HUD is obtained, property damaged


by the causes itemized in paragraph A-1 may be conveyed in
an unrepaired condition and there will be deducted from the
insurance benefits, HUD's estimate of the cost to repair the
damage or any insurance recovery received by the mortgagee,
whichever is greater. The deduction will be limited to the
amount of insurance recovery if the property has been
damaged by fire and the mortgagee certifies that the
conditions of 24 CFR 203.379 (a)(2) relating to cancellation
or reduction of insurance coverage are met. The mortgagee
should request from the local HUD office their estimate of
the cost of repairing the damage, and permission to convey
the property without repairs. HUD's estimate must be
entered in Item 27, Part A. Item 24 must be marked "yes".

2.If the property is conveyed damaged by causes other than


those itemized in paragraph A-1, Item 24 must be marked "No"
and the mortgagee must:

a.identify such damage in the Mortgagee's Comment Section


of Form HUD-27011, Part A;

b.provide to the local HUD office copies of all


documentation necessary to verify that the mortgagee
met its requirement to take reasonable action to
inspect, protect and preserve the property. All
documents must identify the specific property by FHA
case number. All documentation must also be maintained
in the audit file; and

c.in the event a property is conveyed damaged, but is not


identified as such on the claim form, HUD will not make
any further reimbursement until the local HUD office
has made an evaluation of the mortgagee's
responsibility.

* C. Unrepaired Conveyance Without Notice.

HUD is deferring implementation of the notification


requirement identified in the new paragraph 24 CFR
203.379(b) and (c).

The new requirement would only affect those mortgages


insured under a Firm Commitment issued on or after November
19, 1992, or under Direct Endorsement processing where the
credit worksheet was signed by the mortgagee's approved
underwriter on or after November 19, 1992.

HUD will issue implementing procedures for the new


requirement of 24 CFR 203.379(b) and (c) in the future.
Until that time, mortgagees shall continue to follow the
requirements of Chapter 2-10B with regard to Unrepaired
Conveyance. *

* D. Certificate of Property Condition. (24 CFR 203.380)


1.The mortgagee shall either:

(a)Certify that as of the date of the filing of the deed for


record, or assignment of the mortgage to HUD, the property
was:

(1) Undamaged by fire, flood, earthquake, hurricane, or


tornado; and

(2) As to mortgages insured or for which commitments to


insure were issued on or after January 2, 1977, undamaged
due to failure of the mortgagee to take action as required
by 24 CFR 203.377, and

(3) As to mortgages insured under firm commitments issued


on or after November 19, 1992, or under Direct Endorsement
processing where the credit worksheet was signed by the
mortgagee's approved underwriter on or after November 19,
1992, undamaged while the property was in the possession of
the mortgagee; or

(b)Attach to its claim a copy of HUD's authorization to convey


the property in a damaged condition.

2.In the absence of evidence to the contrary the mortgagee's


certificate or description of the damage shall be accepted
by HUD as establishing the condition of the property as of
the date of the filing of the deed or assignment of the
mortgage. *

NOTE:The certification is accomplished through the


accurate completion of Form HUD-27011.

2-11 PROTECTION AND PRESERVATION OF PROPERTIES.

A vacant property must be protected and preserved while it is in the


possession of the mortgagee so that it will not be damaged at the time
of conveyance. A prudent mortgagee will protect and preserve a vacant
property to avoid potential damage to the property and surcharges to
its claim. HUD will reimburse the mortgagee for required
preservation and protection costs within regionally or locally
established limits when these expenditures are adequately documented.
Protection and preservation work should not delay conveyance. The
mortgagee should also determine whether the property is vacant and
whether protective action is necessary. HUD will reimburse the
mortgagee for appropriate periodic inspections for this purpose.

A. Mortgagee Responsibility. For mortgages insured on or after


January 1, 1977, mortgagees will be held responsible for any
* damage to a vacant mortgaged property resulting from the
mortgagee's failure to take reasonable protection and
preservation action. "Reasonable action" includes the
commencement of foreclosure within 120 days after the mortgagee
discovers or should have discovered that the property was vacant
or abandoned (see paragraph 2-2A).
For mortgages insured under a firm commitment issued on or after
November 19, 1992, or under Direct Endorsement processing where
the credit worksheet was signed by the mortgagee's approved
underwriter on or after November 19, 1992 the mortgagee will not
be reimbursed for the costs of protecting, operating or
preserving the property or removing debris from the property
after the time the property should have been conveyed to HUD
(24 CFR 203.402(g)) (see paragraph 2-2 D).

Failure to inspect, protect and preserve the property will be


considered mortgagee neglect. If the property is damaged because
of mortgagee neglect, the mortgagee must repair the damage at its
own cost or obtain permission from HUD to convey the property
damaged.

If permission is given to convey a property in a damaged


condition, the greater of any insurance recovery or HUD's
estimate of the cost of repairs shall be deducted from the
mortgage insurance benefits. Where the claim is to be adjusted
for damages, Item 24 of Part A, Form HUD-27011, should be marked
"Yes" and Items 25, 26 and 27 must be completed (24 CFR
203.379(a)(1)).

Mortgagees must provide the local HUD offices any documentation,


including copies of all inspection reports, which they feel will
verify that appropriate action was taken to preserve and protect
the mortgaged property from the time of vacancy to conveyance.

This documentation must accompany the copy of Part A, Form


HUD-27011, which is sent to the local HUD office. Ensure that
all such documentation includes the FHA case number, is securely
fastened to the claim form, and is legible. Without adequate
documentation to support the mortgagee's position, local HUD
offices shall deem such damage as being due to the mortgagee's
failure to take appropriate action to preserve and protect the
mortgaged property.
HUD reserves the right to deduct from the mortgage insurance
claim the greater of the hazard insurance benefits or HUD's
estimate to repair the property.

B.Inspections. (24 CFR 203.377)

1.Inspections are identified as initial, occupancy and vacant.

a.Initial. When the mortgage is in default and a payment


is not received within 45 days of the due date and
efforts to reach the mortgagor or occupant have been
unsuccessful, the mortgagee must inspect the mortgaged
property to determine if it has become vacant or
abandoned. The initial inspection must be made within
60 days of the due date.

b.Occupancy. If the mortgage remains in default and the


inspector cannot verify that the property is vacant,
the mortgagee must perform at least one follow-up to
determine whether the property remains occupied. This
follow-up must be documented whether it was by letter,
telephone or means other than on-site inspection. When
the mortgagee is unable to determine the occupancy
status by telephone or correspondence, an inspection
and adequate follow-up must be made within 30 days of
the last inspection or follow-up.

This inspection serves three purposes: first, it


promptly apprises the mortgagee when it has acquired
possession because the property is vacant; second, it
apprises the mortgagee when it is time to take
reasonable protection and preservation action; and
third, it permits more timely foreclosure of an
abandoned property.

During bankruptcy actions and assignment processing,


mortgagees should be able to verify the status of the
property without performing an on-site inspection.
(Occupancy information during bankruptcy can usually be
obtained by contacting either the bankruptcy trustee or
the filing attorney.) Reimbursement in a mortgage
insurance claim normally will not be made for occupancy
inspections if the mortgagor has filed bankruptcy until
the bankruptcy is released, discharged or the property
is formally abandoned by the bankruptcy trustee.

Mortgagees may communicate with the HUD office and/or


counseling agency to determine the mortgagor's status
while a case is being processed for assignment. For this
reason there should be few cases where an occupancy
inspection is warranted and reimbursable during
assignment processing.

c.Vacant. When the mortgage is in default and the


mortgagee has established that the mortgaged property
is vacant, mortgagees shall inspect the mortgaged
property every 25 to 35 days.

Generally, reimbursement will be limited to one


inspection for each thirty day cycle. This inspection
should not be earlier than 25 days after the last
inspection or later than 35 days after the last
inspection. Only where a local HUD office has
identified a need to inspect more frequently, and has
made this a requirement, will reimbursement be allowed
for those additional inspections.

2.For all inspections, mortgagees shall document the general


condition of the property as well as any actions which would
be required to adequately protect and preserve the property.
Many of the inspection forms currently used by the industry
meet or exceed HUD requirements. The purchase or use of a
specific form will not be required.

However, at a minimum, the following Items must be


documented on each inspection report. Of course, where the
property is occupied, some of the Items listed would be
identified as not applicable (n/a).

a.Date of the inspection.

b.Identity of the inspector.

c.Is the property occupied?

d.Is the house locked or secured?

e.Is the grass mowed and/or shrubs trimmed?

f.Is there any apparent damage?

g.Is any exterior glass broken?

h.Are there any apparent roof leaks?

i.Does the house contain personal property and/or debris?

j.Are any doors or windows boarded?

k.Is the house winterized?

l.Are there any repairs necessary to adequately preserve


and protect the property?

m.Are appliances present and operable?

For purposes of reimbursement, proper documentation must be


maintained by the mortgagee on the performance of
inspections and follow-up activities. HUD defines proper
documentation as evidence of payment and copies of all
completed inspection forms with any accompanying follow-up
documentation for occupancy inspections. This documentation
shall be available for verification and shall be maintained
in each claim file.

C.Debris Removal.

1.Debris and personal property must be removed before the


property is conveyed to HUD unless otherwise directed by the
local HUD office, but this should not delay conveyance. The
regulations require conveyance within 30 days after
acquisition of possession. This should be ample time to
remove debris and personal property. Any debris removed per
local code is also subject to the established limits on
debris removal. Costs for removal of debris and personal
property are considered protection and preservation
expenses, unless removal of the personal property is
required by the sheriff as a part of the eviction
proceedings. Cost of Debris removal is considered a
protection and preservation cost with the following
exceptions:

a.if the debris is removed by local law enforcement or


crews under the control of local law enforcement where
the mortgagee has no control over the removal, the cost
of removal is considered an eviction cost;

* Costs may be claimed within the parameter of


the
Regional Protection and Preservation guidelines (i.e.
amount per cubic yard, etc.) but hours of labor should
not be claimed in addition to allowable debris cost
limits, as labor is included in determining these
amounts.*

b.if the items removed can not be distinguished from


personal property and taken to storage, the cost of
removal are considered an eviction cost; and

c.if the items are required by the sheriff to be placed


on or near the street during the eviction, with no
distinction between debris and personal property, the
cost of removal is considered an eviction cost.

If personal property is removed as a part of normal eviction


proceedings, enter the cost in Item 305 of Part D.

2.Broom sweeping is considered a part of interior debris


removal and should not be listed as a separate cost.

3.Dump fees should not be listed as a separate cost. Regional


guidelines for costs per cubic yard or per ton will include
dump fees.

4.Exterior cleaning, which may include debris, normally has to


be conducted only once. Inspections will determine if
re-cleaning is necessary. Permission is necessary to exceed
the published limit.

5.Appliances which appear to be in operable condition should


not be removed from the property. The presence and
condition of the appliance should be documented in the
inspection report.

6.If the debris includes hazardous waste, local health and


environmental agencies should be consulted regarding proper
disposition.

7.If it is necessary to exceed the published cost limits for


debris removal the mortgagee must submit bids obtained
pursuant to Regional instructions and request field office
approval. The request should indicate the purpose of the
bid, the type of debris to be removed and the amount of
protection and preservation expenditures made to date. The
bidder's name, address and telephone number must appear on
the bid.

Mortgagees will not be reimbursed for the cost of obtaining bids.


HUD Field Offices will provide, on request, a list of vendors who
will provide free estimates. The mortgagee's field service
company may obtain bids and may be a bidder.

Regional guidelines will instruct mortgagees to obtain one bid or


two bids. If two bids are required they must be independent
competitive bids and must be submitted to HUD separately. The local
HUD
Office may also obtain one or more bids from its vendor list.

The local HUD Office will take one of the following actions after
receiving the bids:

a.Notify the mortgagee to accept one of the bids


submitted.

b.Notify the mortgagee of the name and bid amount of a


bid the local HUD Office received.

In this event the mortgagee may:

(1)Contract directly with HUD's bid source at the


stated bid amount, or

(2)Contract with its source at the amount stated


by
HUD's bid source.

c.Notify the mortgagee to convey the property without


removing the debris.

D.Cost Limits.

1.Limits on the amount HUD will reimburse mortgagees for


specific items which are considered as protection and
preservation (P&P) actions will be published by HUD regional
offices. To the extent feasible, these limits will be
established on a regional basis but some local variations
may be necessary. However, local office variations are
published in the Regional P&P Schedule. Appendix 13
provides a listing of HUD's ten regional offices. Any
Regional P&P Schedule which have not been received should be
immediately requested directly from the respective office.

2.Generally, mortgagees may expend up to the maximum amount


specified in the applicable Regional P&P Schedule for
protection and preservation work for a one unit single
family property without HUD's prior approval, provided
individual expense limits have not been exceeded. The costs
of required inspections and authorized boarding will not be
included in the maximum amount.

3.Expenses above the allowable published cost limits or the


total maximum property amount per property must have prior
written approval of the local HUD office where the property is located.
Appendix 14 provides a sample format which may be used in requesting
approval to exceed a cost limit. All requests must contain
justification to support them. If the total cost entered in
Item 110 exceeds the maximum amount specified in the
Regional P&P Schedule a copy of Part C (and a copy of the
local HUD office approval to exceed limits, if applicable)
must be attached to the Part B submitted to HUD
Headquarters.

4.In order to control costs, mortgagees are encouraged to seek


competitive bids for the required work. Requests to exceed
regional debris removal limits must be supported by cost
estimates.

If a written response has not been received from the local


HUD office within 10 days, mortgagees must follow up until a
written response is received. In emergency situations,
mortgagees may fax their requests to the local HUD office
and confirm receipt of these requests verbally. The local
HUD offices will respond to your emergency requests via
facsimile, if requested. Mortgagees are responsible to
confirm receipt and legibility of all requests sent via
facsimile.

Failure to receive a response from the local office does not


constitute an extension of time or approval of the request
(see paragraph 1-6).

A copy of the local HUD office approval and a copy of Part C


must be attached to the Part B submitted to HUD
Headquarters:

a.For all cases where the total for Item 110, Schedule B,
exceeds the Regional maximum property amount.

b.For all cases where the local HUD office issued an


approval to exceed a published cost limit (individual
or maximum property amount).

Copies of both the mortgagee's request and HUD's response


must be retained in the Claim File.

5.Although a claim payment may include reimbursement for more


than the Regional cost limit for property protection and
preservation expenses, the Department will require
reimbursement for any amounts not supported by appropriate
documentation. It is not necessary to submit receipts for
disbursements with the initial submission of Form HUD-27011.
However, receipts must be available upon request from the
Department and these receipts from vendors must itemize the
service provided in sufficient detail to allow a review for compliance
with the
limits published by the HUD regional office. Charges must
be made and itemized in accordance with the standards of
measurement as set forth in the regional limits.

6. The purpose of protection and preservation action is to


protect the property from vandalism and the elements until
it is conveyed to HUD. Expenditures made after conveyance,
(unless the work was performed before conveyance) or for
repairs which do not protect and preserve the property
before conveyance are not reimbursable unless requested by
the local HUD office in writing. The amount of such
reimbursement must also be approved by the local HUD office.
*
7. For mortgages insured under a firm commitment issued on or
after November 19, 1992 or under Direct Endorsement
processing when the credit worksheet was signed by the
mortgagees approved underwriter on or after November 19,
1992, the mortgagee will not be reimbursed for the cost of
protecting, operating, preserving or inspecting the property
or removing debris from the property incurred after the
deadline to convey the property (24 CFR 203.359). See
paragraph 2-2D for more detail on conveyance requirements
(24 CFR 203.402(g)).
*

E.Other Protection and Preservation Actions.

1.Boarding. Mortgagees shall not board up vacant properties


unless prior approval of the local HUD office is obtained.
This approval may be provided on a case by case basis, or
prior approval may be provided in the regional guidelines
(i.e., city, county, zip code, street, block, etc.). The
Regional Protection and Preservation Schedules provide
policy on this matter.

Although boarding will be restricted and approved on only a


case by case basis, mortgagees shall continue to secure all
windows and doors in accordance with regional guidelines.

Properties which suffer severe fire damage must be secured


for safety reasons and to prevent unauthorized entry. This
requires that all lower floor windows and doors will be
secured according to the specifications identified in the
appropriate regional P&P guidelines.

The additional costs of securing a severely fire damaged


property are not included in the Regional cost limitation
for customary protection and
preservation expenses. However, mortgagees must request
prior written approval from the local HUD office if the
costs of the securing will exceed $450. Local HUD offices
have been advised to respond to all requests promptly.

2.Winterizing. Specific regional guidelines provide policy on


winterization. If regional guidelines do not state a range
of months during which winterizing must be completed, then
the intent is that winterizing should be done all year.

3.Photographs. Any additional photographs beyond the


allowable photo expenditures in the regional guidelines are
the responsibility of the mortgagee (and are not
reimbursable), unless specifically allowed (in writing) by a
local HUD office on a case by case basis.

4.Grass Cutting/Snow Removal. A mortgagee is required to


include grass cutting and/or snow removal in the maximum
limit. As the mortgagee approaches the ceiling, an estimate
of the total grass cutting and/or snow removal should be
made and a one time request to exceed the maximum limit if
needed. This will significantly reduce the number of
approvals needed.

5.Signs. A sign no larger than 8 1/2 by 11 inches should be


attached to the inside of a window or front door, providing
information (including a telephone number) as to who to
contact for emergency or other purpose.

6.Request to Exceed Limits/Time Frames. Requests to exceed


cost limits are considered separately from requests to
exceed time frames. A mortgagee who falls to meet a time
frame should expect an interest curtailment unless an
extension has been requested and granted on Form HUD-50012.
Failure to receive a response from a local HUD office to
exceed cost limits does not constitute either an extension
to convey title and file Part A, or an extension to submit
title evidence and submit fiscal data, Part B. A separate
request for each extension of time must be submitted by the
mortgagee. All requests for extensions and all responses
must be in writing (see paragraph 1-6 and Appendix 13).

*
2-12 EVICTION COSTS - 24 CFR 203.402 q. provides for the reimbursement
of
reasonable costs incurred in evicting occupants and in removing
personal property from the properties. It is the mortgagees
responsibility to adequately document and support all evictions costs
claimed for reimbursement. The following guidelines for eviction
costs must be followed in order to establish such costs as reasonable
and customary for the purposes of reimbursement on FHA insurance
claims.

A.Photographs. If debris is removed as part of the eviction,


before and after photographs as required by the Regional
Preservation and Protection Guidelines must be maintained in the
claim review file. Debris removal is generally not an eviction
expense, and will be disallowed as such, unless it can be clearly
demonstrated that one of the conditions of Paragraph 2-11 C 1 a,
b or c are met.

B.Eviction Crews. Costs of eviction crews actually necessary to


accomplish the eviction will be reimbursable provided that those
costs are customary and reasonable for the area. If a Sheriff or
local law or statute requires a certain number of persons to be
present, documentation to verify that requirement must be
maintained in the claim review file.

C.Eviction on Unoccupied Property. Evictions should not normally


occur on unoccupied properties. However, certain local
conditions may require that evictions be performed on unoccupied
properties. If possessory action is initiated on an unoccupied
property, the mortgagee must sufficiently document in the claim
file the reasons why such action is necessary to be eligible for
reimbursement of the cost relating to such action. *
2-13 HAZARD INSURANCE.

A.Hazard Insurance Premiums. HUD will reimburse the mortgagee for


hazard insurance sufficient to protect the mortgagee's interest
up until the date the deed to the Secretary is filed for record
(24 CFR 203.402(c)). The reimbursement may not exceed the
reasonable rate for the area. A reasonable rate is a rate not in
excess of the rate or advisory rate set by the principal
State-licensed rating organization for essential property
insurance in the voluntary market or the FAIR Plan rate if such
coverage is available (24 CFR 203.379(a)). HUD may establish
from time to time acceptable reimbursement rates.

All hazard insurance policies on the mortgaged property must be


canceled as of the date the deed to the Secretary was filed for
record (24 CFR 203.382). Do not delay submission of Form
HUD-27011, Part B, pending receipt of premium refunds resulting
from the cancellations. Part B must be prepared within the
required time limits. If the amount of the actual premium refund
is not known at the time the Part B is prepared, calculate an
estimate on the "short rate" basis.

To calculate the refund using the "short rate" method, determine


the number of days the policy was in effect. This is the period
from the effective date of the policy to the earlier of the
cancellation date or the date the deed to the Secretary was filed
for record. The Julian Date Calendar in Appendix 9 may assist in
this determination. The Short Rate Table in Appendix 15 is then
used to determine the percentage of the premium utilized. This
figure is subtracted from 100 to
determine the percentage of premium remaining. The total premium
is multiplied by the remaining percentage of premium to determine
the estimated amount of the premium refund.

Example: A $250 insurance policy is effective from 8/10/92


through 8/10/93. The property is conveyed to the Secretary on
9/15/92. The policy was in force for 36 days (from 8/10/92 to
9/15/92). The Short Rate Table shows that 20% of the premium was
utilized, therefore 80% of the premium is remaining.

$250 x 80% = $200 is the estimated hazard insurance refund

Include the estimated refund amount in Item 109, Part B. If the


actual premium return differs, you may be entitled to either a
refund or be required to remit the difference to HUD. File a
supplemental form (see Chapter 7) to claim a refund or remit the
difference ($10 or less should be ignored). Any claimed
difference between the calculated estimate and actual return
premium must be supported by the insurance carrier's statement of
the return premium. A copy of this statement should be retained
by the mortgagee in the claim file.

Under the following circumstances, the mortgagee may submit (i) a


Part B claim without including an estimated HIP refund; or (ii) a
supplemental claim for reimbursement, if a HIP refund was
estimated but no refund was received:
1.the mortgagee can demonstrate that the insurer remitted the
refund to the mortgagor, or

2.the mortgagee can demonstrate that the insurer has a policy


of not remitting refunds to the mortgagee in that
jurisdiction.

If the hazard insurance premium is estimated and a refund is due,


file a supplemental claim. If an additional remittance is due
HUD, file a supplemental remittance (see Chapter 7 of these
instructions).
*
B. Hazard Insurance Recovery. (24 CFR 203.379) Mortgagees are
expected to seek hazard insurance proceeds for all situations
where the property has sustained casualty, theft or vandalism
damage, not just for damages sustained in fire, flood,
earthquake, tornado, hurricane, boiler explosion or where the
mortgagee failed to take proper action to preserve and protect
the property (mortgagee neglect). However, the application of
insurance proceeds on Form HUD-27011 will differ for those cases
where the damage was not fire, flood, earthquake, boiler
explosion, tornado or mortgagee neglect.

1.If the property is damaged by fire, flood, earthquake,


tornado, hurricane, boiler explosion (condominium units
only) or mortgagee neglect, the property may be conveyed
damaged only with prior HUD approval (24 CFR 203.379(a)(1)).
If such a property is conveyed with HUD approval, the
greater of the hazard insurance recovery or HUD's estimate
of damage will be entered in Part A, item 27 and will be
deducted from the insurance benefits (24 CFR 203.379). If
Part A is submitted before the insurance proceeds are
received, the mortgagee may have to estimate the recovery.
When the proceeds are received, they may be less than the
amount estimated. In this event, the mortgagee is entitled
to reimbursement of the difference between the amount of
proceeds expected and the proceeds received if both are
greater than HUD's estimate of damage (24 CFR 203.382(b) and
(c)). The adjustment is made on line 119 of Part B. The
mortgagee is not entitled to a reimbursement which would
reduce the deduction in insurance benefits to less than
HUD's estimate of damages.

2.Where the damage was other than fire, flood, earthquake,


tornado, hurricane, boiler explosion or mortgagee neglect,
the amount of the hazard insurance recovery must be shown on
Part B, line 118. Do not report these funds received on
Part A, item 27, as it will cause your claim to suspend
and delay your payment.
*

2-14 DEMOLITION NOTICES.

Mortgagees must advise the local HUD office having jurisdiction when a
demolition notice is received. In some cases, the property could be
salvaged with limited repairs. Usually, these repairs would be too
extensive to be considered as "protection and preservation costs"
which HUD has authority to reimburse the mortgagee.

A copy of the demolition notice must be sent immediately to the local


HUD office to the attention of the Chief Property Officer (CPO). The
condition of the property will be evaluated and the mortgagee will be
notified whether to allow the demolition or request it to be delayed.
The mortgagee will be reimbursed for the cost of compliance with local
HUD office instructions. If an extension to meet any time requirement
is needed, a request should be submitted pursuant to paragraph 1-6.

2-15 FORECLOSURE AND ACQUISITION COSTS. (24 CFR 203.402(f))

HUD regulations authorize the reimbursement to mortgagees of


two-thirds of the foreclosure costs or costs of acquiring a property
by other means (including costs of conveying and evidencing title to
the Secretary). Such costs must be actually paid by the mortgagee and
must be approved by HUD.

A.Allowable Costs. A complete listing of allowable or unallowable


costs would not be practical because procedural requirements and
terminology vary in different jurisdictions. Generally, HUD will
reimburse a mortgagee for:

1.Fees which must be paid to public officials such as


sheriffs, clerks of court, recorders of deeds or public
trustees.

2.Costs which are required by law, such as private service of


process, required publication, or certified copies of
documents.

3.Fees and costs which are necessarily incurred and are


reasonable and customary in the area such as attorney fees,
title search, title policy, auctioneer's fee, trustee fees
and required costs related to eviction.

B.Costs Not Reimbursable. HUD will not reimburse a mortgagee for:

1.Fees and costs which exceed reasonable and customary fees


for the area. If a fee exceeds the customary fee for the
area, for adequate reason, such as a contested foreclosure
or eviction, the excess may be claimed and appropriate
documentation to support the amount claimed must be retained
in the claim file (see paragraph 1-10).

2.Costs which are not necessarily incurred or are required


because of dilatory service, such as courier service or
express mail or property inspection by attorneys.

3.Costs which are overhead items such as postage, telephone,


duplicating, or collection services. The attorney's or
trustee's overhead costs should be included in their fee.

4.Extra costs incurred in the foreclosure as a result of a


defect in the mortgage transaction or the mortgage
foreclosure or a defect in title which existed at or prior
to the time the mortgage was filed for record. These costs
are reimbursable only if the mortgage was sold by the
Secretary or was executed in connection with the sale of the
property by the Secretary after August 1, 1969 (24 CFR
203.402(f)).

C.Full and two-third Reimbursement.

1.Full Reimbursement.

a.Costs of eviction or other possessory actions are not


considered foreclosure costs and are reimbursable in
full within reasonable and customary limits.

b.Costs of eviction crews, furniture storage or


relocation expenses are reimbursable only if required
under state or local law.

2.Two-Third Reimbursement.

Fees and costs related to foreclosure, conveyance and title


evidence are limited to two-thirds reimbursement. HUD will
calculate the two-thirds allowance based on the amounts
entered on the claim form.

Item 306 -Attorney fee for foreclosure.

Item 307 -All foreclosure, conveyance and title evidence


costs other than fees, guardianship and
intestacy proceedings (including related
attorney fees); Torrens title acquisition
costs, and bankruptcy costs other than attorney
fees.

Item 310 -Attorney fees related to bankruptcy.

2-16 TAX BILLS. (24 CFR 203.402(a) and (b))

The mortgagee must secure from the taxing authorities all available
tax bills prior to conveyance of the property to HUD. Such bills,
regardless of due date, must be paid by the mortgagee prior to
conveying a property to HUD. In effect, no tax bills available from
the taxing authorities should remain unpaid as of the date the deed is
filed for record whether the taxes are payable before or after
conveyance.

Do not pay tax bills received after the date the deed is filed for
record. Send these tax bills to the local HUD office, identified by
the FHA case number and the taxing authority identification number.

As indicated in paragraph 2-6, the recorded deed should contain the


address of the local HUD office "ATTN: Single Family Property
Disposition Branch" to assure that the taxing authority sends tax
bills to the appropriate office for payment.

Do not delay submitting an application while awaiting a copy of the


tax receipt to attach to the local office copy of the claim form. A
copy of the tax bill, the disbursement document or other type of
information which identifies the tax and indicates that it was paid or
sent for payment is acceptable.

The mortgagee will not be reimbursed for interest or penalties for


late payment of taxes or assessments.

2-17 BANKRUPTCY OF THE MORTGAGOR. (24 CFR 203.355)

The filing of a bankruptcy petition by the mortgagor may prevent or


suspend the foreclosure action so that the action may not be initiated
or completed within the specified time requirement.

A.Delay of Foreclosure Initiation.

1.If the filing of a bankruptcy petition prevents the


initiation of foreclosure within the nine months time
requirement, the time limit is extended to 60 days after the
release of the bankruptcy stay. The extension will avoid
the curtailment of debenture interest. In order to extend
the time limit the date of filing the bankruptcy petition
must be entered in Item 40, the date of release of the
bankruptcy stay must be entered in Item 21 and a date 60
days after the date of release must be entered in Item 19.

* The extension of time begins when the court releases


the
bankruptcy stay or otherwise makes it possible to foreclose,
not when the mortgagee learns of the court's action.
Mortgagees and their agents should monitor and follow-up on
court proceedings where bankruptcies are delaying the
initiation of foreclosure so required actions can be taken
within the permitted time frame.*

If the time limit expired before the bankruptcy petition was


filed, or if foreclosure was not initiated within 60 days
after the release of the bankruptcy stay, debenture interest
will be curtailed as of the date the action should have been
taken. Under these circumstances an extension date of sixty
days should not be entered in Item 19.

* 2. A 60-day extension may not be adequate if the mortgagee


must
send the letters under the assignment program or send
notices required by State law after the mortgage is released
form bankruptcy stay.

Mortgagees are authorized an additional extension of time


for foreclosure initiation without prior HUD approval to
permit compliance with HUD's assignment and State law
requirements.

a.HUD Requirements to Send Assignment Letters. If the


mortgagee is required by HUD Handbook 4330.1, REV-3,
Paragraph 8-7A.1.a to send the HUD assignment letters
after the bankruptcy stay has been released, the
mortgagee is authorized a 90-day extension of time to
initiate foreclosure (60-day extension as discussed in
the first paragraph plus an additional 30 days) in
order to allow sufficient time for dispatch and
response to the assignment letters. The mortgagee must
be very prompt in sending the assignment letters so
that there will be sufficient time remaining to
initiate foreclosure if appropriate.

b.State Law Requirement to Send a Demand Letter or


Similar Notice. If State law requires that a demand
letter or similar notice be sent after bankruptcy stay
has been released and before foreclosure is instituted,
the mortgagee is authorized an additional extension of
the minimum length of time for the notice (for example,
if State law requires that a demand letter be sent not
less than 30 but not more than 90 days before
publication of sale, the additional extension will be
30 days).

c.In some states the filing of a bankruptcy petition


voids or nullifies the foreclosure action and
foreclosure must be reinitiated. If this occurs the
date of the reinitiated action, not the date of the
nullified action, will be considered the date of
foreclosure initiation. The foreclosure action must be
reinitiated within sixty days after the release of the
bankruptcy stay or within nine months of default.

d.Application for Insurance Benefits. In applying for


mortgage insurance benefits where an additional 30-day
extension is authorized, the mortgagee should enter in
Item 19 of Form HUD-27011 an expiration date which
includes both the 60-day bankruptcy extension and the
additional extension. The reason for the additional
30-day extension must be given in the Mortgagee comment
section of Part A, Form HUD-27011.

e.Bankruptcy Stay Requirement. The mortgagee is


authorized an extension for compliance with an
assignment or State law requirement in addition to a
60-day bankruptcy extension only if
foreclosure could not be initiated within nine months
of default because of the bankruptcy action. NOTE: If
processing of an assignment request prevents the
mortgagee from initiating foreclosure within the nine
months time frame, the local HUD Offices will continue
to grant a 60-day extension on assignment rejections.

f.Claim Review File. Mortgagees must fully document the


claim file to support the use of the additional 30-day
extension. This documentation may consist of dated
copies of the court's release from the bankruptcy stay;
dated copies of each HUD assignment letter sent before
and after their bankruptcy; and dated copies of any
demand letters or notices sent together with a
reference to the applicable State law. These documents
will be examined as part of HUD's claim review to
determine their accuracy and the appropriateness of
the additional extension.
*

B.Delay of Foreclosure Completion. If the filing of one or more


bankruptcy petitions after initiation prevented completion of
foreclosure within the specified time frame a brief note of the
cause of delay should be entered in the Mortgagee's Comment
section of Part A and supporting documentation must be placed in
the claim file (See paragraph 2-2).

C.Fees and Costs. After a decision has been made to foreclose, and
the mortgage has been referred for foreclosure, certain fees and
costs related to bankruptcy of the mortgagor may be considered
costs of property acquisition. Therefore, HUD will reimburse the
mortgagee two-thirds of such costs (subject to the reasonable and
customary limits for the jurisdiction). If there are multiple
bankruptcies, the fees and costs for each filing will be
included.

2-18 FUNDS HELD BY MORTGAGEE.

A.General. Funds held by the mortgagee are deducted from the


insurance benefits, therefore, they should not be sent to HUD.
Such funds shall be reported by making the following entries:

Unapplied Section 235 Assistance Payments - Item 123, Part


B, Column A.

Funds Held Pursuant to a Buydown Agreement - Item 109, Part


B, Column A.

Rental Income - Item 115, Part B, Column A.

Hazard Insurance Recovery - Item 118, Part B, Column A, if


not reported on Part A.

Hazard Insurance Recovery - Item 27, Part A, and Item 119,


Part B, column A if the entry in Part A is an estimate.

All other funds - Identify the nature and the amount of the
funds and enter in Item 109, Part B, Column A.

B.Escrow Funds. Any funds remaining in the escrow account on the


date the deed is filed for record must be entered in Item 109,
Part B. If there are funds in the escrow account, there should
be no entries for escrow advances in Items 305 or 311.

If the escrow account is depleted, escrow expenditures must be


entered as advances in Items 305 or 311, as appropriate. They
should not be charged to Item 109 so as to create a negative
escrow balance.

2-19 RENTAL OF PROPERTIES.

If there is a lengthy redemption period and the mortgagee has


possession of the property during that period, the best protection
against damage to the property may be to keep it occupied by tenants.
HUD will not reimburse the mortgagee, however, for costs incurred
solely in renting the property. These costs must be recovered from
rental income. Although rental expenses and rental income will be
shown separately on the claim form, rental expenses are allowable only
as an offset to rental income. If rental produces a net profit, that
profit will serve to reduce the amount of the claim.

2-20 SPECIAL FORBEARANCE.

If a claim for insurance benefits is filed pursuant to a default under


a special forbearance agreement entered into between the mortgagee and
the mortgagor, the payment will include unpaid mortgage interest. (24
CFR 203.4l0(a)(3)) The forbearance agreement must be signed by both
the mortgagor and the mortgagee, and must meet the conditions of 24
CFR 203.614. A copy of the executed forbearance agreement must be
forwarded to HUD Headquarters with Part B of the Form HUD-27011. A
copy must also be retained in the claim review file maintained by the
mortgagee.

*Any request for mortgage note interest on a claim for insurance


benefits which is not fully supported, will not be honored. The
"Special Forbearance Checklist" (Appendix 26) was developed as a tool
to help mortgagees establish if the case meets the
minimum requirements for special forbearance. A signed copy of the
checklist must be submitted with the claim and a signed copy must be
maintained with the claim review file.

A.Eligibility for Mortgage Interest. The mortgagor must have


failed to meet the requirements of the agreement for 60 days.

B.Period for Which Mortgage Interest is Paid. Mortgage interest is


paid for the period beginning on the due date of the last
completely paid installment. To determine this date the total
amount of funds received under the agreement are applied
according to the terms of the original mortgage, to escrow,
principal and interest. If sufficient funds were received to
total more than one payment, advance the due date of the last
completely paid installment and reduce the unpaid principal
balance accordingly. If no payments were made under the
mortgage, interest is paid for the period beginning 30 days prior
to the date of the first scheduled payment.

Mortgage interest is paid to the earliest of the following dates:

1.the date of institution of foreclosure proceedings,

2.the date of acquisition of title and possession by deed in


lieu of foreclosure,

3.the date the property was acquired by the Commissioner under


a direct conveyance from the mortgagor,

4.90 calendar days following the date the mortgagor fails to


meet the requirements of the forbearance agreement, or

5.such other date as the local HUD office may approve in


writing prior to expiration of the 90-calendar day period
(24 CFR 203.402a).

The claim for this mortgage interest is made on line 121 of Part
B of the claim form.

C.Computation Method. To obtain the amount of accrued mortgage


interest due, multiply the Daily Interest Rate Factor by the
amount of the unpaid principal balance. The Daily Interest Rate
Factor is found in the Table in Appendix 8. This result is then
multiplied by the number of days from the due date of the last
completely paid installment to the date selected above as the
"ending date." To assist in determining the number of days refer
to the Julian Date Calendars provided in Appendix 9.
EXAMPLE: Assume a $90,000 mortgage financed at 13 1/4 percent
interest rate for 30 years involved a broken special forbearance
agreement. Prior to the agreement the regular monthly payment
was $ 1,400, consisting of a principal and interest payment of
$1,013.40 and a monthly escrow payment of $386.60. The last
completely paid installment prior to the agreement was August 1,
1983, at which time the unpaid principal balance was $82,418.50.
On November 14, 1983, a special forbearance agreement was entered
in which the mortgagor agreed to pay $250 on that date and $250
on the 17th of each following month, but failed to make the
payment due August 17, 1984. Since the agreement had been broken
for 60 days on October 18, 1984, foreclosure proceedings were
instituted on November 10. After considering the payment
received during the agreement, which amounted to one complete
installment, the due date of the last completely paid installment
was advanced to September 1, 1983, at which time the unpaid
principal balance was $82,259. Since one complete escrow payment
was also received, the amount of escrow was increased by $386.60.
The mortgage interest is therefore calculated from September 1,
1983, to November 10, 1984, the date foreclosure was instituted.

D.Period for Which Debenture Interest is Paid. (24 CFR 203.410)


Debenture interest is paid for the period beginning on one of the
following dates and ending on the date of the initial payment or
the date of interest curtailment.

1.the date of institution of foreclosure proceedings

2.the date of acquisition of title by the mortgagee or by HUD

HUD will compute the debenture interest at the time of payment of


Part B and will adjust the amount of interest paid in the Initial
Payment, if necessary.

Since debenture interest is calculated on the Unpaid Principal


Balance when Part A is paid, before information about forbearance
agreement is available, an adjustment in debenture interest is
needed when Part B is processed. Mortgage Note Interest and
debenture interest cannot be paid for the same period of time.
If Mortgage Note Interest is claimed on Part B because of a
special forbearance agreement, debenture interest already paid
for the same period will be subtracted from the final settlement.

E.Extension of Time. (24 CFR 203.355) Although foreclosure may


not be initiated or title may not be acquired within nine months
of default because of the existence of a forbearance agreement
the mortgagee need not request an extension of time. If the
insurance claim includes a payment of mortgage interest,
debenture interest begins on the date of foreclosure initiation
or title acquisition, not the date of default (24 CFR 203.410).
Since mortgage interest ceases 90 days after the mortgagor failed
to meet the requirements of the agreement and debenture interest
does not begin until foreclosure initiation or title acquisition,
there will be a period of time when no interest accumulates if
the mortgagee fails to initiate foreclosure within the 90 day
period.

Should the mortgagee be prohibited from initiating foreclosure


within the 90 day period because of bankruptcy or state law, or
assignment consideration by the local office the mortgagee should
request an extension of the period for which mortgage note
interest is to be paid, on form HUD 50012 before the 90 day
period expires. The field office will extend the time to 60 days
after the expiration of the bankruptcy or state law prohibition.

2-21 SECTION 235 ASSISTANCE PAYMENTS.

A.Unapplied Payments. Unearned Section 235 assistance is to be


returned to HUD via the Section 235 billing process. Earned
Section 235 assistance payments should be applied to the
mortgagor's account in full installments to advance the date of
default. Partial payments which remain unapplied must be
reported in line 123 of Part B.

B.Overpaid Assistance. If the mortgagee advanced its own funds to


repay overpaid Section 235 assistance to HUD and has not
recovered the full advance from the mortgagor, the unrecovered
advance shall be entered in Column B line 124 of Part B.

2-22 DOCUMENTS TO BE SUBMITTED.

It is very important that all required documentation be forwarded to


the appropriate locations in a timely manner. Failure to meet any of
the documentation requirements could jeopardize all or part of the
claim reimbursement (24 CFR 203.363). The various documentation
requirements imposed on the mortgagee are designed to provide critical
control and notification functions which enable HUD to expedite the
payment of a claim. For example, it is critical that at the time of
the initial application, the appropriate documentation is
simultaneously mailed to the local HUD office. This provides the
local office with timely notice that a property is now in HUD's
inventory. If such notice is not provided to the local office at the
time of the initial application, the mortgagee may not receive
reimbursement for claimed expenses and may be liable for subsequent
damage to the property.

Following is a listing of the documents which must be submitted on


conveyance claims, the location they must be sent to, and when they
must be sent.
A.On the Date the Deed is Filed for Record. On the date the deed
to HUD is filed for record or mailed to the recording authority,
all required documents must be sent to HUD Headquarters and the
local HUD office as follows:

1.TO HUD HEADQUARTERS

a.The original Part A

b.The original Mortgage Insurance Certificate

c.Worksheet showing reallocation of mortgage payments if


capitalized method of accounting is used.

2.TO THE LOCAL HUD OFFICE

a.A copy of Part A

b.A copy of the deed to HUD filed for record

c.A copy of the Mortgage Insurance Certificate

d.Copies of the last tax bills paid to each taxing


authority

e.A copy of HUD's letter approving damaged conveyance of


the property under 24 CFR 203.379(a), if applicable

f.The mortgagee's certificate that the conditions of 24


CFR 203.379(b), relating to fire damage, have been met,
if applicable

g.A copy of documentation that will verify that


appropriate action was taken to protect and preserve
the property, if applicable

h.Keys to the property, if available

B.Within 45 Days After the Date the Deed was Filed for Record. (24
CFR 203.365) Within 45 days after the date the deed to HUD was
filed for record or mailed to the recording authority, all
required documents must be sent to the local HUD office as
follows:

1.TO THE LOCAL HUD OFFICE

a.Title evidence reflecting ownership vested in the


Secretary

b.A copy of the mortgage

c.A copy of Part A

d.A statement relating to title defects if 24 CFR 203.390


applies
C.Within 45 Days After Deed was Filed for Record or upon Receipt of
Title Approval Letter if later. All required documents must be
sent to HUD Headquarters and the local HUD office as follows:

1.TO HUD HEADQUARTERS

a.The original Part B

b.The original Title Approval Letter

c.A copy of the local HUD office approval of excess costs


and Part C, if applicable (see paragraph 2-11)

d.A copy of the executed special forbearance agreement,


if applicable

e.Payment ledger or other documents supporting loan


balance difference (line 107, Part B)

2.TO THE LOCAL HUD OFFICE

a.A copy of Part B

b.The original Parts C, D and E

HUD must receive the required documents within the later of


(i) 15 days after the date of the Title Approval Letter, or
(ii) 55 days after the date the deed to HUD was filed for
record (or mailed to the recording authority).

The following Table (Table 2-1) illustrates the document submission


requirements for conveyance claims.

CONVEYANCE CLAIM SUBMISSION REQUIREMENTS

********************************************************************
* *
* *
* *
* *
* *
* *
* *
* *
* *
* GRAPHICS MATERIAL IN ORIGINAL DOCUMENT OMITTED
*
* *
* *
* *
* *
* *
* *
* *
* *
* *

********************************************************************

2-23 CLAIM PREPARATION - CONVEYANCES.

The claim must be completed as described below using HUD Form 27011,
Single Family Application for Insurance Benefits. To avoid delays in
payment, the claim must be complete and accurate and contain all
information requested. See Par. 1-3 on pre-screening of applications.

A.Instructions for the Completion of HUD Form 27011, Part A,


Initial Application. The following Item by Item instructions are
to be used when completing HUD Form 27011, Part A, for conveyance
claims.

PART A --- INITIAL APPLICATION

INITIAL APPLICATION

Item 1 Claim Type. Place an "X" in the space for Claim


Type 01 = Conveyance.

Items 2
and 3 FHA Case Number and Section of Act Code. Enter the FHA
Case Number and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed since
1962 use the first style shown below, with three
numerals, then a hyphen, then six numerals (or seven
including the check digit). Be sure to include the
hyphen on the claim, whether the claim is submitted on
paper or through electronic data interchange (EDI),
even though CHUMS may omit it. The three other
acceptable FHA case number formats, for pre-1962
mortgages, are also illustrated below. All models
include the Section of the Act (SOA) ADP codes. The
formatted case number appears on the MIC or the
advanced notice of S/F Annual MIP unless the case is
included in CHUMS, as in "5" below.

(1) X X X - X X X X X X X X X
or X X X - X X X X X X X
FHA Case No. SOA ADP Code

(2) X X - X X X X X X X
X X

(3) X X X X X X - X X X
X X

(4) X X X - X X X X X X
X X
FHA Case No. SO
A ADP Code

5/95 Page 2-48


CONVEYANCES 4330.4

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code. Enter the applicable code


number from the default reasons listed below. If
code 15 is used, explain the reason on the reverse
of Part A under "Mortgagee's Comments."

CODE REASON

01 =Death of a principal mortgagor

02 =Illness of a principal mortgagor

03 =Illness of mortgagor's
family
member

04 =Death of mortgagor's family


member

05 =Marital difficulties

06 =Curtailment of income
(Reduction of
income of a borrower)

07 =Excessive obligations -
same
income, including habitual
nonpayment of debts

08 =Abandonment of property

09 =Distant employment transfer

10 =Neighborhood problem

11 =Property problem

12 =Inability to sell property

13 =Inability to rent property

14 =Military service

15 =Other (explain in Mortgagee


comments)

Item 5 Endorsement Date. Enter the endorsement date that


appears on the Mortgage Insurance Certificate. If
the mortgage was insured before MIC's were issued,
enter the endorsement date that appears on the
note.

Item 6 Date Form Prepared. Enter the date the HUD form
27011 is completed and submitted to HUD. To avoid
debenture interest curtailment, Part A must be
submitted on the same day the deed is filed for
record, or mailed to the recording authority. See
paragraph 2-2.

* Note: Although HUD permits 10 days


from this date
to receive the HUD Form-27011 before curtailing
interest for late submission, you are required to
enter in Item 6 the date of the actual submission
(mailing) date of the form.*

Item 7 Due Date of First Payment to Principal and


Interest. Enter the date the first payment to
Principal and Interest is due. Obtain this date
from the mortgage note.

Item 8 Due Date of Last Complete Installment Paid. Enter


the date the last complete installment paid was
due, not the date it was paid. This Item should
be taken from the payment ledger. If no payments
have been made, enter the date in Item 7 (Due Date
of the First Payment to Principal and Interest).
Note that the date in this Item will always be the
first of the month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Enter the later of the date the mortgagee
acquired good and marketable title to the property
or the date it acquired possession of the
property.

The mortgagee acquires the title to the property


on the date of the Sheriff's or Trustee's deed or
the deed-in-lieu of foreclosure is recorded. If
the deed conveys title directly
to HUD, rather than to the mortgagee, the date the
deed is recorded will be considered the date the
* mortgagee acquired title, except that any
redemption period must have elapsed in order for
title to be marketable.
*

The mortgagee acquires possession of the property


on the date the property was discovered, or should
have been discovered, to be vacant (see paragraph
2-9).

Exception: If the mortgagee requested permission


to convey occupied and the request was either
approved or unanswered enter either (i) the date
of HUD's approval to convey the property occupied,
or (ii) the date on which 90 days have elapsed
since the mortgagee notified HUD as provided in 24
CFR 203.671(c) of the occupied conveyance
regulations (see paragraph 2-9).

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Enter the date the deed
conveying the property to the Secretary is filed
for record. The date the deed is mailed to the
recording authority may be entered. Do not enter
the date the deed is mailed to an attorney.

Note: Whichever date is entered (recording or


mailing) will be used in evaluating all other
related time requirements and cannot be altered.

Item 11 Date Foreclosure Proceedings (a) Instituted or (b)


Date of Deed In Lieu. Check the appropriate box
and enter the date of the first public action
taken which was required by law to initiate
foreclosure (e.g., filing a complaint or petition,
recording a notice of default, or publication of a
notice of sale) or the date the deed-in-lieu was
recorded, whichever is applicable. If foreclosure
was instituted and a deed in lieu was then
obtained, check both blocks and enter both dates.
If the foreclosure action was nullified under
state law by the filing of a bankruptcy petition,
enter the date on which the foreclosure action was
* re-instituted. If the deed-in-
lieu is directly
conveyed to the Secretary, the date the
deed is
mailed for recording may be used.
*
Item 12 Holding Mortgagee Number (Payee). Enter the
complete 10-digit mortgagee number of the holding
mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number. Enter the complete


10-digit mortgagee number of the servicing
mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data are mailed. Information will be
mailed only to the holding mortgagee if this Item
is not completed.
Item 14 Mortgagee Reference Number. Enter the loan number
(maximum 15 digits) used by the mortgagee for
identifying the case if any. This number will be
printed on the benefits check. If the mortgagee
is FNMA or GNMA, the FNMA or GNMA loan number must
be entered.

Item 15 Original Mortgage Amount. Enter the original


mortgage amount. This figure should be taken from
the mortgage note. If there has been a recast of
the mortgage, make a notation of the recasting on
the reverse side of Part A under "Mortgagee's
Comments" and make reference to 24 CFR 203.342.

Item 16 Holding Mortgagee EIN. Not Applicable.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance). Enter the unpaid mortgage
balance after crediting the last complete monthly
installment paid. This figure is taken from the
mortgagee's payment ledger. Partial payments
insufficient to complete a full monthly
installment are to be reported in Part B, Item 109
as escrow funds.

Item 18 Date of Firm Commitment. Enter the date of the


firm commitment. This date should be taken from
the firm commitment document, if available. The
debenture interest rate is determined by the firm
commitment date or the date of endorsement,
whichever yields the higher rate. If the case was
insured under the Direct Endorsement Program or
the commitment date is not available, this Item
must be left blank. Direct endorsement mortgages
may be identified by the suffix code 700 through
799. Do not enter a date here if this is a Direct
Endorsement or a converted co-insurance loan.

Item 19 Expiration Date of Extension to Foreclose/ Assign.


If an extension of time is requested by the
mortgagee and granted by the local HUD office,
enter the expiration date of that extension. The
extension must be in writing. See paragraph 1-6.

If bankruptcy is involved or if state or local


laws delay action, the mortgagee need not obtain
approval to extend the date to begin foreclosure.
Enter the date 60 days (see note below) after the
date of the release of bankruptcy, unless an
additional extension period is approved by the
local HUD office. The latest extension date must
always be entered. This 60 day extension is
applicable only when the bankruptcy precluded
initiation of foreclosure within
* the timeframe. See paragraph 2-17.
When an
attempt at a Pre-Foreclosure Sale (PFS) is
unsuccessful, the mortgagee has an automatic
60-day extension from the date of the notice of
termination from the PFS program to initiate
foreclosure.

NOTE:In certain circumstances (terms of demand letter


or requirement to send assignment letters) it may
be appropriate to enter more than 60 days.
See paragraph 2-17A, 2, a.
*

Item 20 Date of Notice/Extension to Convey. If an


extension of time to file the deed for record to
HUD is approved by the local HUD office, enter the
expiration date of the extension.

Item 21 Date of Release of Bankruptcy. If Applicable.


Enter the date the bankruptcy stay or the local
law prohibition was released. Note: When there
is more than one bankruptcy, and the mortgagee is
entitled to a 60 day extension to begin
foreclosure, enter the release date which applies
to the extension.

* Item 22 Is Property Vacant? Yes or No - Check one to


indicate the occupancy status as of the date in
Item 9.*

Item 23 If Item 22 is "No." Date of Local HUD Office


Approval - Enter the date the local HUD office
approved the occupied conveyance.

If conveyed property is occupied without HUD


approval, as indicated under 24 CFR 203.671(c),
enter the 90th calendar day after mortgagee
notification to HUD requesting occupied
conveyance.

Item 24 Is Property Conveyed Damaged? Yes or No - Check


"yes" if the damage falls into the
* categories listed in paragraphs 2-10 and 2-11.
*

If there is no damage or if there is damage


to the property which is not covered by the
above sections, check "no." In the latter
case, specify on the reverse of Part A under
* "Mortgagee's comments", the type of damage, an
explanation of why it does not fall into the
categories listed in paragraphs 2-10 and 2-11,
and if any immediate repairs are needed. *

* Note: When there is damage to the property and Item


24
is checked "no", the mortgagee must
attach to the
copy of the Part A sent to the Field
Office,
copies of documentation relating to all
protection
and preservation work performed on
the property.
*

Item 25 If Item 24 is "Yes," Date of (a) Local HUD Office


Approval (pursuant to 203.379(a)(1)) or (b)
Certification (pursuant to 203.379(a)(2))
- Enter the date of the HUD approval letter or
the
mortgagee certification letter, whichever is
applicable. Attach a copy of the certification
letter to Part A (copy 1) which is sent to the
local HUD office.

Item 26 Type of Damage - Check appropriate box. If more


than one type of damage, check the type that
caused the greatest damage. Do not complete this
Item if Item 24 is checked "no."

Item 27 Recovery or Estimate of Damage - A figure must be


entered here if Item 24 is "yes" and 25(a)
applies. If the local HUD office approved
conveyance of the property in a damaged condition,
enter the greater of HUD's estimate to repair the
damage (obtained from the local HUD office) or the
amount of the insurance recovery. If the
insurance recovery is not received when this Item
is completed, estimate the amount. AN AMOUNT MUST
BE ENTERED.

If Item 25(b) applies, enter the amount of the


insurance recovery, if any. If insurance recovery
has not been received, estimate the amount.

Item 28 Is Mortgagee Successful Bidder? Yes or No - Not


applicable.

Item 29 Deficiency Judgment Code. Enter the code number


1, 2, 3 or 4 as appropriate. See below.

Code

1Enter "1" - If HUD authorized you to


obtain a
deficiency judgment, but you did not acquire
one.

2Enter "2" - If you obtained a deficiency


judgement, but HUD did not authorize you to
do so.

3Enter "3" - If HUD authorized you to


obtain a
deficiency judgment and you were successful
in obtaining one.
4Enter "4" - If HUD did not authorize a
deficiency judgment and you did not obtain
one.

Item 30 Authorized Bid Amount. - Enter the amount of the


CAFMV, if the local HUD office provided one.

Item 31 Mortgagee Reported Curtailment Date - If the


mortgagee failed to comply with a time requirement
for any of the following circumstances a)
reasonable diligence, b) notice of foreclosure, or
c) failure to initiate foreclosure within nine
months of default (within one year if default
occurred prior to December 1, 1992) and subsequent
payments advance the default date, enter the date
the action should have been taken. If there was
more than one failure, enter the earliest date on
which a required action should have been taken.

Item 32 Schedule of Tax Information. Enter complete


information on the last amount paid for each type
of tax or assessment. If a tax has not been paid
because it was not available for payment before
conveyance, show the exact title of the tax or
assessment to which it is subject. If a tax was
not paid because of a Homestead or similar
exemption, identify the tax and enter the
exemption type in the "Amount Paid" column.

Type of Tax/Tax Year. Enter the exact title of


the tax or assessment with installment
information, if applicable (e.g., county tax,
first half or school district tax, second half)
and the year for which the tax assessment was
levied.

Collector's Property Identification. Enter the


number used by the taxing authority to identify
the property.

Amount Paid. Enter the amount paid for each type


of tax or assessment (excluding penalties and
interest) and attach a copy of the bill to the
copy of Part A sent to the local HUD office. If
no tax was paid because of a
Homestead or similar exemption, enter the
exemption type. If the tax was not paid
for other reasons, enter "None."

Period Covered, From - To. Enter the


dates covered by the tax whether paid or
not and without regard for the due date.

Date Paid. Enter the date of actual


payment. All tax bills available before
conveyance should be paid regardless of
the due date. Tax bills received after
the date the deed is filed for record
should be sent to the local HUD office,
identified by the FHA case number and the
taxing authority identification number.

Internal Revenue Service (IRS) Lien. If


there is an IRS tax lien, enter the date
and the expiration of the lien on the
reverse side of Part A under "Mortgagee's
Comments."

Item 33 Mortgagor's Name, Social Security Number


and Property Address. - Enter the name
of the mortgagor in default as it appears
on the ledger record. Enter the property
address as it appears on the security
instrument or the mortgage insurance
certificate.

Enter the social security numbers of all


mortgagors, if known. At least one
social security number is required. See
paragraph 1-8 for additional information.

Item 34 Brief Legal Description of Property.


Enter a brief description of the
property. This information is found on
the mortgage which should agree with the
deed to HUD.

Item 35 Name and Address of Mortgagee. Enter the


name and address of the mortgagee,
including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer.


Enter the name and address of the
mortgagee's servicer, including the ZIP
code and the name
and telephone number of a contact person who can
answer questions about the claims.

Items 37
and 38 Mortgagee Official Signature, Date and Title,
and Servicer Signature, Date and Title. The
claim must be signed and dated by an official of
the holding mortgagee if the holding mortgagee is
* filing the claim. If a servicer is filing the
claim on behalf of the mortgagee, an official of
the servicer must sign and date the form. The
application must be complete when signed and the
actual date signed must be entered by the signing
official. The application will be returned if it
is not signed or if it contains a stamped or *
duplicated signature.
duplicated signature.
* Note to
signing
official: Please be sure you have read and understand the
certifications on the HUD Form-27011 before
signing and dating. If your system prints the
date in items 37 and 38, check to ensure this is
the date you are signing the form. Also check the
submission date in item 6 to ensure it does not
reflect an earlier date. The date in item 6
should be the same date as item 37 or item 38.
*

Item 39 Amount of Monthly Payment to: (a) FHA


insurance, (b) Taxes, (c) Hazard Insuran
ce
and (d) Interest and Principal. Not app
licable.

Item 40 If Bankruptcy Filed, Enter Date. Enter the date


last bankruptcy filing related to the
release shown in item 21. If there is
more than one bankruptcy, enter the filing and
release dates in the mortgagee comments section.

Item 41 If Conveyed/Assigned Damaged, Date Damage


Occurred. Enter the date the mortgagee or its
agent first became aware of damage to the
property. This date should be available in the
Inspection Reports. If there are no Inspection
Reports because the property was occupied and
the date of damage is not known, enter an
estimated date
and indicate in the Mortgagee Comments section
that the date is an estimate.

Item 42 Date HIP Canceled or Refused, if Applicable.


Enter the date the fire insurance policy was
canceled or refused by the insurer, if the
property was damaged by fire and the mortgagee
executes a certification pursuant to 24 CFR
203.379(a)(2) (a date will be entered in Item
25b).

Item 43 Number of Living Units. Enter the number of


living units in the property.

Item 44 Status of Living Units. Indicate if the property


is vacant or occupied for each living unit by
checking the appropriate box. If the unit is
occupied, enter the occupant's name. If the unit
is vacant, enter the date vacated (as best as can
be determined) and the date the mortgagee secured
the property.

Mortgagee's Comments, if any. Use this area to justify unusual


circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following Item-by-Item instructions are to be used
when completing HUD Form 27011, Part B, for conveyance claims.
Prepare this Part after Parts C, D and E have been completed.
The information entered in this Part is transferred from Parts C,
D and E.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address. Enter the


mortgagor's name and property address as they
appear in Item 33 of Part A.

Items 101
and 102 FHA Case Number and Section of Act Code. Enter
the FHA Case Number and Section of the Act Code as
they appear in Items 2 and 3 of Part A.

Item 103 Mortgagee's Reference Number. Enter the


mortgagee's Reference Number as it appears in Item
14 of Part A.

Item 104 Date Form Prepared. Enter the date Part B is


prepared and submitted to HUD (See Paragraph 2-2).

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. If an extension of time to submit
title evidence or Part B was requested and
approved by the local HUD office, enter the date
the approval expires.

Item 106 Check if Supplemental. Not applicable.

Item 107 Adjustment to Loan Balance (if different from


block 17 on Part A). If the amount of the unpaid
principal balance reported in Item 18 on Part A is
incorrect, enter the difference between the unpaid
principal balance allowed by HUD in the Initial
Payment and the amount that should have been paid.
The adjustment may be a deduction (Column A) or an
addition (Column B). If there is an adjustment,
attach copies of the payment ledger or documents
supporting the adjustment to the original Part B.
If the capitalization method was used, also
include a worksheet showing the re-application of
payments to principal and interest.

Item 108 Sale/Bid Price or Appraisal Value (for


Coinsurance
or Nonconveyances). Not applicable.
Item 109 Escrow Balance (as of Date in Block 10, Part A).
Enter amount remaining in escrow account as of the
date the deed is filed for record. Also include
any funds received on account of the mortgage which have not
been applied to reduce the indebtedness, e.g.,
partial payments, hazard insurance refunds,
buydown monies, funds held in escrow for on-site
repairs (pursuant to Form HUD-92300, Assurance of
Completion Agreement). DO NOT SEND ESCROW FUNDS
TO HUD.

oSee Item 123 for instructions on how to adjust


the
claim for unapplied Section 235 assistance
payments.

oPayment of expenses for which funds are escrowed


shall be charged to the escrow account in full or
in part until the escrow account balance equals
zero. Expenses paid from available escrow funds
are not to be recorded on Part D.

oDO NOT ENTER A NEGATIVE BALANCE. Advances by


the
mortgagee for expense payments normally charged to
the escrow account shall be recorded under Part D,
Items 305 or 311, as appropriate. When the first
occurrence of an expense results in a negative
balance to escrow, enter the negative amount in
Item 305 or 311, whichever is appropriate.
Interest on advances shall be computed from the
date of disbursement to the date the claim is
mailed. If there were any advances from escrow
prior to the date of default, interest is
calculated from the date of default.

oIllustration of Mortgagee Advances:

Date Date Escrow Escrow


Due Paid Interest Principal Adjustment Balance
____ ____ ________ _________ __________ _________

Balance Forward . . . . . . . . . . . . . . $151.60


1/01/83 2/03/83 $73.32 $21.07 $70.69 222.29
8/03/83 198.98- 23.31
12/11/83 51.19- (27.88)/1

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C. Enter the
total

1 First amount to be entered on Part D, Item 305 or 311, as


applicable.
Interest should only be calculated on $27.88 not the $51.19.
amount of disbursements and debenture interest
appearing in Part C, Item 264. Note on the
reverse side of this part any authorization
obtained from the local HUD office for approvals
to exceed allowable amounts.

Item 111 Total Disbursements from Item 305, Part D. Enter


the total amount paid and debenture interest
appearing in Part D, Item 305.

Item 112 Attorney/Trustee Fees Paid From Line 306, Part D.


Enter the amount and debenture interest appearing
in Part D, Item 306. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE FOR BOTH EXPENSES AND
INTEREST.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D. Enter the amount and
debenture interest appearing in Part D, Item 307.
HUD WILL CALCULATE THE TWO-THIRDS ALLOWANCE FOR
BOTH EXPENSES AND INTEREST.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D. Enter the amount of bankruptcy fees paid and
debenture interest appearing in Part D, Item 310.
HUD WILL CALCULATE THE TWO-THIRDS ALLOWANCE FOR
BOTH EXPENSES AND INTEREST.

Item 115 Rental Income. Enter any income from the rent of
the property between the date foreclosure
proceedings were instituted (or property otherwise
acquired) and the date the property was conveyed
to the Secretary.

Item 116 Rental Expense. Enter rental expenses incurred,


if any. If there is no entry in Item 115, make no
entry in this Item. This entry cannot exceed the
amount shown in Item 115.

Item 117 Total Taxes on Deed from Line 308, Part D. Enter
the total amount paid and the debenture interest
shown in Item 308, Part D.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. If not
reported in Item 27 of Part A enter the amount of
HUD's estimate of damage, insurance recovery or
any other recovery the mortgagee may have received
in connection with damage to the property.

Item 119 Estimate or Recovery from Part A. Complete this


Item only if the property was damaged at the time
of conveyance and an insurance recovery has been
received. Its purpose is to adjust the amount
entered in Item 27 to reflect the amount of
insurance proceeds actually received. However,
the adjustment may not result in a deduction from
insurance benefits of a total amount less than
HUD's estimate of the cost of repairs. See
Paragraph 2-12B.

No entry should be made under the following


circumstances:

1.There has been and will be no insurance


recovery.

2.The actual insurance recovery is the


same as
the amount of recovery or HUD's estimate of
damage reported in Item 27.

If it is necessary to complete this Item, make


the
following entries:

1.Estimate of Recovery from Part A.


Enter
HUD's estimate of the cost of repairs or the
insurance recovery, whichever is greater,
reported in Item 27.

2.Total Insurance Recovery. Enter the


total
amount of insurance proceeds received.

3.Adjusted Amount (plus or minus). Enter


the
difference between the "Estimate of Recovery"
and the "Total Insurance Recovery". If the
"Total Insurance Recovery" is greater, enter
the difference in Column A; if it is less,
enter it in Column B.

Example 1. The Total Insurance Recovery is more


than HUD's estimate of repair costs and the
mortgagee's estimate of recovery.

Assume Insurance Recovery of $8,820, HUD's


estimate of $8,650 and an Estimate of Recovery of
$8,500.

Estimate of Recovery from Part A


$8,650
Total Insurance Recovery
8,820

______
Adjusted Amount (enter in Column
A) ($170)
======

Example 2. The Total Insurance Recovery is less


than the mortgagee's Estimate of Recovery but more
than HUD's estimate of repair costs. Assume
Insurance Recovery of $8,650, HUD's Estimate of
$8,350, and an Estimate of Recovery of $8,820.

Estimate of Recovery from Part A


$8,820
Total Insurance Recovery 8,650
______
Adjusted Amount (enter in Column
B) $170
======

Example 3. The Total Insurance Recovery is less


than HUD's Estimate of Repair Costs and the
mortgagee's Estimate of Recovery, but the
mortgagee's Estimate of Recovery is more than
HUD's estimate of repair costs. Assume Insurance
Recovery of $8,350, HUD's Estimate of $8,650, and
an Estimate of Recovery of $8,820.

Estimate of Recovery from Part A


$8,820
Total Insurance Recovery 8,350
______
Adjusted Amount$470
======

The adjusted amount of $470 cannot be entered in


Column B because this would result in a total
deduction from insurance benefits of $8,350
($8,820 - $470 = $8,350) and at least $8,650
(HUD's estimate) must be deducted. Therefore, the
difference between mortgagee's estimate (the
amount deducted in Part A) and HUD's estimate
($8,820 - $8,650 = $170) should be entered in
Column B.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 309, Part D. Enter the total amount
paid and debenture interest which appear in Item
309, Part D.

Item 121 Mortgage Note Interest. Mortgage note interest


will be included in the insurance benefits if a
mortgagor fails to meet the requirements of a
special forbearance agreement and the failure
continues for at least 60 calendar days. See
Paragraph 2-19.

From. Enter the date of the last completely paid


installment after all funds received under the
agreement are applied according to the terms of
the mortgage (Item 8, part A). If no mortgage
payments were made, enter a date 30 days prior to
the due date of the first scheduled payment (Item
7, Part A).

To. Enter the earliest of the following dates:


1.the date of institution of foreclosure
proceedings;

2.the date of acquisition of title and


possession by deed-in-lieu of foreclosure;

3.the date the property was acquired by


the
Commissioner under a direct conveyance from
the mortgagor;

4.90 calendar days following the date the


mortgagor fails to meet the requirement of
the forbearance agreement; or

5.such other date as the local HUD office


may
approve in writing prior to expiration of the
90 calendar day period (24 CFR 203.402a).

Rate. Enter the mortgage interest rate as it


appears on the mortgage note.

Compute the amount of mortgage interest due as


instructed in Paragraph 2-20 and enter in Column
C.

Item 122 Mortgage Insurance Premiums. Enter total from


Item 311, Part D.

Item 123 Unapplied Section 235 Assistance Payments. Enter


unapplied assistance payments in Column A, if
applicable. See paragraph 2-21.

Item 124 Overpaid Section 235 Assistance Payment. Enter


the amount of any funds advanced by the mortgagee
to repay to HUD assistance to which the mortgagor
was not entitled and which was not recovered from
the mortgagor, unless the overpayment was the
result of error on the part of the mortgagee.
Amount is to be entered in Column B. Do not
calculate debenture interest for Column C.

Items 125
thru 128 Not applicable. Any amounts appearing on these
lines will be disallowed.

Item 129 Additional Closing Costs at Settlement. Enter


the
Total from Line 408 Part E. Do not calculate
debenture interest on this amount.

Item 130 Appraisal Fee. Enter total from line 409, part
E,
if applicable. Interest may be entered in Column
C.

Item 131 Deficiency Judgment Costs/Fees. Enter the total


from Line 410, Part E, if applicable. Interest
may be entered in Column C.

Item 132 Reserved.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number. Enter the name and telephone
number of a person in the holding or servicing
mortgagee's office who can answer questions
concerning the information reported on this claim
form. Include the Holding Mortgagee number which
you entered in Item 12 of Part A.

Items 134
thru 136 Enter the totals of Columns A - Deductions; B -
Additions; and C - Interest.

Item 137 Net Claim Amount (Columns B - A + C). The amount


HUD actually pays will differ from what the
mortgagee enters here because of possible interest curtailments,
disallowed expenses, HUD's calculation of
two-thirds allowances on attorney/trustee fees,
foreclosure costs and bankruptcy fees, and
additional debenture interest calculated by HUD to
the date of claim settlement.

Items 138
and 139 Mortgagee's Official Signature, Date and Title
(signature not necessary if signed by a servicer)
or Servicer Signature, Date, and Title. See
instructions for Part A, Items 37 and 38.

C.Instructions for the Completion of HUD Form 27011, Part C,


Support Document. The following Item-by-Item instructions are to
be used when completing Form HUD-27011, Part C, for conveyance
claims. Expenditures may be entered on Part C as they occur,
however, debenture interest calculations should not be made until
the date of claim submission because interest allowance will be
computed from the date of expenditure to the date Part B is filed
unless interest is curtailed.

No expenses should be incurred and no work performed on the


property after the date the deed is filed for record. This does
not preclude reimbursement for expenses incurred or work
completed before conveyance but not paid until after conveyance.

If the local HUD office instructs the mortgagee to perform a


specific service after the date of conveyance, a notation must be
made on the reverse of the form under "Mortgagee's Comments".

Each expense listed for reimbursement must be Itemized and


sufficient information must be provided for computation of
debenture interest. See Paragraph 1-7.
PART C

SUPPORT DOCUMENT

Item 200 Mortgagor's Name and Property Address. Enter the


mortgagor's name and property address as they
appear in Item 33 of Part A.

Items 201
and 202 FHA Case Number and Section of Act Code. Enter
the FHA case number and Section of the Act Code as
they appear in Items 2 and 3 of Part A.

Item 203 Mortgagee's Reference Number. Enter the


mortgagee's reference number as it appears in Item
14 of Part A.

Item 204 Date. Enter the date entered in Part B in Item


104 if all actions taken by the mortgagee are
within the time requirements or the automatic
extensions specified in Paragraph 2-2 or within
the extended time requirements (See Paragraph
1-6). If the mortgagee failed to comply with a
time requirement (including actions reported in
Part A) or its approved extension, enter the date
the action should have been taken. Debenture
interest will be computed to this date. If there
was more than one failure, enter the earliest date
on which a required action should have been taken
(See paragraph 2-5C).

Item 205 Debenture Interest Rate. Using the Debenture


Interest Rate Table provided in Appendix 4 of
these instructions, determine the rate at the date
of firm commitment and the rate at the date of
endorsement, then enter the higher rate. In
Direct Endorsement cases, enter the rate in effect
on the date of endorsement. The debenture
interest rate can also be found on the Part A
advice of payment.

Items 206
through
261 Disbursements for Protection and Preservation.
Enter all inspection, protection and preservation
expenses for which the mortgagee is not
responsible. This includes debris removal,
replacing broken glass, protecting plumbing and
other operating systems against damage by
freezing, care of lawns and shrubs, repair of
leaking roof, etc. Describe the service
performed, the date it was completed and the date
paid. See paragraph 2-11 for the nature of
reimbursable expenditures and
cost limits. Enter expenses paid to board up the
property if the field office gave prior approval.
Enter the date of each inspection and indicate
whether it is an Initial, Occupancy or Vacancy
inspection. See paragraphs 2-10 and 2-11. A copy
of an inspection report must be maintained by the
mortgagee for each inspection Itemized.

oDate Paid. A separate entry must be


made for
each payment. Enter the date the check was
disbursed. If an expenditure or advancement
was made prior to the date of default, enter
the date of default and enter the actual date
paid in parentheses following the description
(See Paragraph 2-5C).

oDate Work Completed - If date is not


available on the invoice, obtain this date
from vendor or contractor. This is not
necessarily the date of billing, but the
actual date the work was completed.

oDescription of Service Performed - Enter


a
description of the Items or types of repairs
and services performed, i.e., inspections.
Additional space is provided on reverse of
form.

oAmount Paid - Actual payment amounts are


to
be entered. This information will be
transferred to Part B, Fiscal Data.

oDebenture Interest - To obtain the


amount of
interest due on an expenditure, multiply the
daily interest rate factor by the amount
paid. Multiply this result by the number of
days from the date paid for each line Item to
the date in Item 204. Daily Interest Rate
Factor tables are provided in Appendix 8 of
these instructions to assist in converting
the debenture interest rates. In addition,
Julian date calendars are provided in
Appendix 9 to assist in determining the
number of days from the date the expenditure
was paid to the date of submission of the
claim or the curtailment date.

Note: If the claim includes mortgage


interest under a special forbearance plan
(Item 121), debenture interest is computed
from the date of institution of foreclosure
or acquisition of title by a deed-in-lieu, or
from the date of expenditure, whichever is
later.
Item 262 Subtotals. If reverse side of form is used to
list protection and preservation costs, add amount
paid and debenture interest columns.

Item 263 Subtotals Brought Forward. If reverse side of


form is used, bring subtotals appearing in Item
262 to this line.

Item 264 Totals. Total the "amount paid" and "debenture


interest" columns. Enter the totals on Part B,
Item 110, Column C when completing Part B, Fiscal
Data.

Items 265
and 266 Contact: Holding Mortgagee, Name and Telephone
Number; or Contact: Servicing Mortgagee, Name and
Telephone Number. Enter the name and telephone
number of a person in the holding or servicing
mortgagee's office who can answer questions
concerning the information reported on this claim
form. Include the Holding Mortgagee number which
you entered in Item 12 of Part A.

Items 267
and 268 Mortgagee Official Signature, Date and Title (not
necessary if signed by servicer) or Servicer
Signature, Date and Title. A signature must
appear in at least one of these blocks, however,
it is acceptable if both the mortgagee and the
servicer wish to sign this form.

Mortgagee's Comments, if any - Use this area to justify extremely


large expenditures, as well as other information required by
these instructions.

HUD's Comments, if any - HUD USE ONLY.

D.Instructions for the Completion of HUD Form 27011, Part D,


Support Document (Continuation 1). Expenditures may be entered
on Part D as they occur, however, debenture interest calculations
should not be made until the date
of claim submission because interest allowance will be computed
from the date of expenditure to the date Part B is filed unless
interest is curtailed.

oDate Paid - A separate entry must be made for each payment.


Enter the date the check was disbursed. If an expenditure
or advancement was made prior to the date of default, enter
the date of default and enter the actual date paid in
parentheses following the description (See Paragraph 2-5C).

oDescription of Service Performed - Enter a description of


the Items or types of services performed. Additional space
is provided on reverse of form.

oAmount Paid - Actual payment amounts are to be entered.


This information will be transferred to Part B, Fiscal data.

oDebenture Interest - To obtain the amount of interest due on


an expenditure, multiply the daily interest rate factor by
the amount paid. Multiply this result by the number of days
from the date paid for each line Item to the date in Item
304. Daily Interest Rate Factor tables are provided in
Appendix 8 of these instructions to assist in converting the
debenture interest rates. In addition, Julian date
calendars are provided in Appendix 9 to assist in
determining the number of days from the date the expenditure
was paid to the date of submission of the claim or the
curtailment date.

Note:If the claim includes mortgage interest under a


special forbearance plan (Item 121), debenture
interest is computed from the date of institution
of foreclosure or acquisition of title by a
deed-in-lieu, or from the date of expenditure,
whichever is later.

oTotal the "amount paid" and "debenture interest" columns.

PART D

SUPPORT DOCUMENT (CONTINUATION 1)

Items 300
and 301 FHA Case Number and Section of Act Code. Enter
the FHA case number and Section of the Act Code as
they appear in Items 2 and 3 of Part A.

Item 302 Mortgagee's Reference Number. Enter the


mortgagee's reference number as it appears in Item
14 of Part A.

Item 303 Debenture Interest Rate. Using the Debenture


Interest Rate Table provided in Appendix 4 of
these instructions, determine the rate at the date
of firm commitment and the rate at the date of
endorsement, then enter the higher rate. In
Direct Endorsement cases, enter the rate in effect
on the date of endorsement. The debenture
interest rate can also be found on the Part A
advice of payment.

Item 304 Date. Enter the date entered in Part B Item 104
if all actions taken by the mortgagee are within
the time requirements or the automatic extensions
specified in Paragraph 2-2 or within the extended
time requirements (See Paragraph 1-6). If the
mortgagee failed to comply with a time requirement
(including actions reported in Part A) or its
approved extension, enter the date the action
should have been taken. Debenture interest will
be computed to this date. If there was more than
one failure, enter the earliest date on which a
required action should have been taken (See
paragraph 2-5C).

Item 305 Disbursements for HIP, Taxes, Ground Rents and


Water Rates (which were liens prior to mortgage),
Eviction Costs, Payments for Deed-in-Lieu and
Other Disbursements Not Shown Elsewhere. (Do not
include any penalties for late payment). Itemize
all disbursements in these categories. Do not
include disbursements which were paid from
available escrow funds. No expense should be
incurred after the date the deed is filed for
record (Item 10), except for costs associated with
evictions or where the local HUD office instructs
you to take an action. See explanation for escrow
account, Part B, Item 109. See paragraph 1-10 for
allowable attorney eviction fees.

Item 306 Attorney/Trustee Fee. Itemize the fees paid to


attorneys and trustees in connection with
foreclosure or acquisition of title and conveyance
of the property to the Secretary. Do not enter
fees for bankruptcy or eviction in this item. If
the fee for acquisition and conveyance is within
the amount HUD approved for the area, do not
itemize the elements of the fee. If attorney fees
exceed those approved by HUD for routine
foreclosures see paragraph 1-10. HUD WILL
CALCULATE THE TWO-THIRDS ALLOWANCE (24 CFR
203.402).

Item 307 Foreclosure and/or Acquisition Conveyance and


Other Costs. Enter all disbursements required to
vest title to and possession of the property in
the name of the mortgagee, and to convey any
evidence of title to the Secretary except taxes
paid on deeds included in Item 308 and
disbursements shown in Item 306. These costs must
be itemized e.g., title policy, resale title
binders, title search fees (if separate costs),
publication, service of process, etc. If
additional space is needed, attach a separate
sheet to Part D. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE FOR EXPENSES AND INTEREST (24
CFR 203.402).

Item 308 Taxes on Deed. Enter amounts paid for taxes


imposed upon any deeds or other instruments by
which the property was acquired by the mortgagee
and transferred or conveyed to the Secretary.
(Note: Deed taxes should not be included in Item
307.)

Item 309 Special Assessments (Do not use for Coinsurance,


see part E). For each item in this category,
enter the date the lien was attached or would be
attached. Do not include any special assessments
which became liens before the mortgage was
endorsed for insurance, if not noted in the
application for insurance.

Item 310 Bankruptcy. Itemize the bankruptcy fees paid.


There must be an entry in Item 40. If the
bankruptcy fees exceed those approved by HUD for
routine bankruptcies, see
paragraph 1-10. HUD WILL CALCULATE THE TWO-THIRDS
ALLOWANCE FOR EXPENSES AND INTEREST (24 CFR
203.402).

Item 311 Mortgage Insurance Premiums. Itemize all MIP


disbursements, including the period covered. Only
include the "advanced" MIP disbursements paid
after the due date of the last completely paid
installment to the date the deed is filed for
record.

E.Instructions for the Completion of HUD Form 27011, Part E Support


Document (Continuation 2). The following item by item
instructions are to be used when completing HUD Form-27011, Part
E for conveyance claims initiated under CWCOT procedure or the
Preforeclosure Sale program and for claims involving approved
deficiency judgment procedures.

PART E

SUPPORT DOCUMENT (Continuation 2)

Items 400
and 401 FHA Case Number and Section of Act Code. Enter
the FHA case number and Section of the Act Code as
they appear in Items 2 and 3 of Part A.

Item 402 Mortgagee's Reference Number. Enter the


mortgagee's reference number as it appears in Item
14 of Part A.

Item 403 Debenture Interest Rate. Using the Debenture


Interest Rate Table provided in Appendix 4 of
these instructions, determine the rate at the date
of firm commitment and the rate at the date of
endorsement, then enter the higher rate.

Item 404 Date. Enter the date entered in Part B in Item


104 if all actions taken by the mortgagee are
within the time requirements or the automatic
extensions specified in
Paragraph 2-2 or within the extended time
requirements (See Paragraph 1-6). If the
mortgagee failed to comply with a time requirement
(including actions reported in Part A) or its
approved extension, enter the date the action
should have been taken. Debenture interest will
be computed to this date. If there was more than
one failure, enter the earliest date on which a
required action should have been taken (See
paragraph 2-5C).

Items 405
thru 407 Overhead Costs; Amounts Due from Buyer at
Closing;
Amounts Owed to Buyer at Closing. Not applicable.

Item 408 Additional Closing Costs. This item is only used


in unsuccessful preforeclosure sale cases. Enter
the $250 administrative fee, if applicable. Do
not enter interest for this item.

Item 409 Appraisal Fee. Enter the amount of the appraisal


fee and date paid only if you were instructed to
obtain an appraisal by the local HUD office while
* complying with the CWCOT procedures.
If debenture
interest is payable the amount of interest may be
entered in Line 130, Column C of Part B.*

Item 410 Deficiency Judgment Costs/Fees. Enter a figure


here only if the local HUD office authorized you
to obtain a deficiency judgment. The allowable
costs and fees are as follows: (1) cost of
reasonable and customary attorney fees which
relate only to the obtaining of the deficiency
judgment; (2) additional filing or recording fees
directly related to the deficiency judgment; (3)
if local law required a judicial foreclosure in
order to obtain a deficiency judgment, those costs
directly related to the judicial foreclosure,
provided that judicial foreclosure would not,
otherwise, have been necessary. If debenture
interest is payable, the amount of interest may be
entered in Line 131, Column C of Part B. *

Items 411
and 412 Reserved.
ASSIGNMENTS 4330.4

_______________________________________________________________________
____

CHAPTER 3: ASSIGNED HOME MORTGAGES

_______________________________________________________________________
____

3-1 GENERAL.

A mortgagee shall be entitled to receive insurance benefits upon


assignment of a defaulted mortgage to the Secretary if HUD agrees to
accept the assignment (Section 230 of the National Housing Act, 12 USC
1715, 24 CFR 203.650 through 203.660, 203.664 and 203.665). HUD will
also accept an assignment if the Secretary previously sold the
mortgage or the property and the mortgagee is unable to complete
foreclosure because of a defect in the mortgagee instrument, a defect
in the mortgage transaction, or a defect in title which existed prior
to the time the mortgage assignment was filed for record (24 CFR
203.390). The procedures in this chapter will be followed for filing
both of these types of assignment claims.

3-2 TIME REQUIREMENTS.

The mortgagee must comply with the following time requirements when
submitting a claim involving an assigned mortgage which is in default.
Failure to comply will result in curtailment of debenture interest to
the date the action should have been taken or to the date to which it
was extended by HUD (24 CFR 203.404(a)(4)).

A. File the mortgage assignment for record within 30 calendar days


after the date of HUD's written agreement to accept the
assignment or within such additional time as HUD may authorize
in
writing.

B. Submit the title evidence with attachments to the local HUD


office, ATTN: Field Counsel, on the date the mortgage
assignment
is filed for record.

C. Submit the originals of Parts A and B, Form HUD-27011, with


attachments, including the MIC and title submission
certification
to HUD Headquarters on the date the mortgage assignment is
filed
for record. HUD expects to receive these documents in HUD
Headquarters within 10 days of the date of assignment when
properly mailed. Therefore any claims received after ten
calendar days from the date of the assignment will be
considered
late.

D. Submit a copy of Parts A and B and the original of Part D, Form


HUD-27011, with attachments, to the local HUD office, ATTN:
Single Family Loan Management Branch on the date the mortgage
assignment is filed for record.

3-3 EXTENSION OF TIME REQUIREMENTS.

If the mortgagee cannot comply with the time requirement for paragraph
A. above because of circumstances beyond its control, it should
submit form HUD-50012, Mortgagee's Request for an Extension of Time,
to the local HUD office ATTN: Single Family Loan Management Branch to
request an extension of time. See paragraph 1-6.

3-4 ASSIGNMENT REQUIREMENTS.

A. The Security Instrument (Mortgage).

1.The security instrument, together with any amendments or


modification thereof, shall be assigned to "The Secretary of
Housing and Urban Development of Washington, D.C., his/her
successors and assigns", with the address of the local field
office and "Attention: Single Family Loan Management
Branch". (In those jurisdictions where it is necessary to
name the person who holds such office, the assignment should
be made to the person holding such office "as Secretary of
Housing and Urban Development, his/her successors and
assigns" at the time of the preparation of the assignment
form.)

2.The assignment of the security instrument must be in a form


which satisfactorily meets the legal requirements of the
jurisdiction where the property is situated, and must be a
valid assignment. The assignment must contain the following
warranty:

"Without recourse or warranty, except that the undersigned


hereby warrants that:

a.No act or omission of the undersigned has impaired the


validity and priority of the said security instruments;

b.The security instrument is a good and valid first lien


and is prior to all mechanics' and materialmen's liens
filed of record regardless of when such liens attach,
and prior to all liens, encumbrances, or defects which
may arise except such liens or other matters as have
been approved by the assignee hereunder;

c.The sum of __________________________ Dollars [in blank


space insert amount of the unpaid principal balance]
together with the interest from the ___________________
_____ day of ________________________, 19______, at the
rate of ______ %
per annum, computed as provided in the Note, is
actually due and owing under the said Note;

d.The undersigned has a good right to assign the said


security and credit instruments."
B.The Credit Instrument (Note). The original credit instrument
shall be endorsed to the Secretary of Housing and Urban
Development in the following manner:

"All right, title and interest of the undersigned to the


within credit instrument is hereby assigned to the Secretary
of Housing and Urban Development of Washington, D.C.,
his/her successors and assigns." (In those jurisdictions
where it is necessary to name the person holding such
office, the assignment should be made to the person holding
such office "as Secretary of Housing and Urban Development,
his/her successors and assigns," at the date of the
preparation of the assignment form.)

(If the endorsement is dated, it must bear the same date as


the date of the execution of the assignment of the security
instrument.)

3-5 TITLE EVIDENCE.

HUD will accept an assignment and pay the insurance claim before
examining the title evidence to determine whether it complies with
Federal requirements. In the event title deficiencies appear after
the claim has been paid, the mortgagee will be required to correct the
deficiencies or reimburse HUD. (24 CFR 203.363 and 203.366)

A.Submission to Field Office. Title evidence held by the mortgagee


must be sent to the local HUD office, ATTN: Field Counsel, on
the date the assignment is filed for record. The title evidence
must be accompanied by:

1.The original security and credit instruments, including


endorsement of the Note to HUD.

2.A copy of the assignment to HUD that was submitted for


recordation. NOTE: The original recorded assignment must
be sent to the local HUD office, ATTN: Field Counsel, as
soon as it is received from the recording authority.

3.Copies of all intervening assignments.

4.The mortgagee's original title policy evidencing the loan to


be a first lien of record. The title evidence need not be
extended to reflect the assignment to HUD.

Note:Certificate of title with master policies or ALTA


short form policies are not acceptable forms of
title evidence for HUD.

5.A copy of Part A.

6.If the property is damaged a letter certifying that the


conditions of 24 CFR 203.379 (a)(1) or (2) have been met.

7.If the mortgage or the property was sold by HUD and 24 CFR
203.390 applies, a statement that describes the defect or
impairment of title.

B.Title Submission Certificate. The mortgagee must execute a Title


Submission Certificate in the form shown in Appendix 16 and
submit it to HUD Headquarters and the local HUD office with Parts
A and B of Form HUD-27011. This certification will inform both
offices that the title evidence has been sent to Field Counsel
and is awaiting approval.

C.Title Rejection. If Field Counsel rejects the title evidence as


submitted the mortgagee must resolve all reported deficiencies.
If the deficiencies are not resolved within 30 days the mortgage
may be reassigned and the mortgagee will be required to reimburse
HUD for all insurance benefits and costs. When the deficiencies
have been resolved the mortgagee may resubmit the claim but
interest will be computed only to the date an acceptable
assignment should have been recorded.

D.Title Approval. After the title evidence has been approved the
field office will send the mortgagee a title approval letter
which must be retained in the claim records file.

3-6 OCCUPANCY OF PROPERTY.

To be eligible for assignment, the property must be the mortgagor's


principal place of residence unless this criterion is waived by HUD.
Therefore, the property must be occupied by the mortgagor unless HUD
waives the criterion. HUD also makes an exception concerning the
occupancy requirement if the mortgage is being assigned pursuant to 24
CFR 203.390.

3-7CONDITION OF PROPERTY AT ASSIGNMENT. (24 CFR 203.379) When a


mortgage
is assigned to the commissioner, the property shall be undamaged by
fire, earthquake, flood, tornado, hurricane or damage caused by the
mortgagees failure to take action to protect and preserve a vacant or
abandoned property if the mortgage was insured on or after January 1,
1977.

A.Repairs by Mortgagee.

1.Before assigning the mortgage to HUD, the mortgagee must


repair such damage at its own cost. (24 CFR 203.379(a))

2.The mortgagee is not required to repair damage resulting


from causes other than those itemized above unless the
repairs are requested in writing by HUD, or the repairs are
necessary to protect and preserve the property until
assignment of the mortgage to HUD. The cost of any such
repairs should be entered in Part C. If the property is
damaged by such other causes, Item 24 must be marked "No"
and the nature of the damage and the reason for denial of
responsibility must be explained in the Mortgagee's Comments
section of Part A.

3.HUD will not reimburse the mortgagee for repairs to or


maintenance of property occupied by the mortgagor.
B.Unrepaired Assignment.

If the prior approval of HUD is obtained, property damaged by the


causes itemized in paragraph A-1 may be in an unrepaired
condition at the time of assignment and there will be deducted
from the insurance benefits, HUD's estimate of the cost to repair
the damage or any insurance recovery received by the mortgagee,
whichever is greater. (24 CFR 203.379(a)(1)) The deduction will
be limited to the amount of insurance recovery if the property
has been damaged by fire and the mortgagee certifies that the
conditions of 24 CFR 203.379(a)(2) relating to cancellation or
reduction of insurance coverage are met. The mortgagee should
request from the local HUD office their estimate of the cost of
repairing the damage, and permission to convey the property
without repairs. HUD's estimate must be entered in Item 27, Part
A.

3-8 PROTECTION AND PRESERVATION OF PROPERTIES.

When a mortgage is accepted for assignment the property is usually


occupied by the mortgagor and not subject to protection and
preservation requirements. (24 CFR 203.377) There may be occasions,
however, where the property is vacant at the time of, or prior to,
assignment of the mortgage.
A vacant property must be protected and preserved while it is in the
possession of the mortgagee so that it will not be damaged at the time
of assignment. A prudent mortgagee will protect and preserve a vacant
property to avoid potential damage to the property and surcharges to
their claim. HUD will reimburse the mortgagee for required
preservation and protection costs within locally established limits
when these expenditures are adequately documented. See Chapter 2 for
detailed requirements.

3-9 HAZARD INSURANCE.

Do not cancel the hazard or flood insurance policy. The mortgagee


must notify the insurance carrier of the change in mortgagee and must
authorize the carrier to amend the loss payable clause substituting as
mortgagee "Secretary of Housing and Urban Development his/her
successors and assigns IN CARE OF (and insert the address of the local
HUD field office)". The amendment should be effective as of the date
the mortgage is assigned. A copy of the letter from the mortgagee to
each insurance carrier, authorizing the amendment, should be submitted
to the local HUD office, Single Family Loan Management Branch with the
original insurance policy.

3-10 ASSIGNMENT COSTS.

HUD will reimburse mortgagees for such costs and attorney's fees as
were properly incurred in connection with the defaulted mortgage and
its assignment to HUD.

A.Allowable Costs. A complete listing of allowable or unallowable


costs would not be practical because procedural requirements and
terminology vary in different jurisdictions. Generally, HUD will
reimburse a mortgagee for:
1.Fees which must be paid to public officials such as
recorders of deeds or public trustees.

2.Costs which are required by law.

3.Fees and costs which are necessarily incurred and are


reasonable and customary in the area such as attorney fees.

B.Costs Not Reimbursable. HUD will not reimburse a mortgagee for:

1.Fees and costs which exceed reasonable and customary fees


for the area. If a fee exceeds the customary fee for the
area, for adequate reason, the excess may be paid by filing
a supplemental claim (see paragraph 1-12).

2.Costs which are not necessarily incurred or are required


because of dilatory service, such as courier service or
express mail or property inspection by attorneys.

3.Costs which are overhead items such as postage, telephone,


duplicating or collection services. The attorney's or
trustee's overhead costs should be included in their fee.

4.Costs for Title Policy.

3-11 NOTICE TO MORTGAGOR.

A.On the day the assignment is filed for record notify the
mortgagor that HUD is now the mortgagee and HUD will provide
payment instructions.

B.If the mortgagee receives payments from the mortgagor after the
assignment is filed for record send the funds, with the FHA case
number, to HUD through the HUD Lock Box at the following address:

Payment Processing Center P.O. Box 105652 Atlanta, Georgia


30348

3-12 NOTICE TO TAXING AUTHORITY.

The mortgagee must instruct the taxing authority to send tax bills to
the local HUD office. Any tax bills received by the mortgagee after
the assignment was filed for record must be sent by the mortgagee to
the local HUD office.

3-13 CLAIM PAYMENT.

Upon receipt of Parts A and B, Form HUD-27011 and the required


attachments, in Headquarters, HUD will pay to the mortgagee the unpaid
principal balance of the mortgage and an amount determined by:

A.Adding the Following Items.

1.Any mortgage interest accrued and unpaid at the time of


assignment,
2.Any advances made under the mortgage and approved by HUD,

3.Reimbursement for approved costs and attorney's fees, and

4.Debenture interest on the net claims amount (excluding


mortgage interest) from the date of assignment to the date
of payment unless such interest is curtailed because of the
mortgagee's failure to meet the time requirements identified
in paragraph 3-2.

B.Deducting the Following Items.

1.Any cash retained by the mortgagee, including amounts held


or deposited for the account of the mortgagor or to which it
is entitled under the mortgage transaction that have not
been applied in reduction of principal, and

2.Any damage or insurance recovery reported in Item 27.

3-14 DOCUMENTS TO BE SUBMITTED.

It is very important that all required documentation be forwarded to


the appropriate locations in a timely manner. Failure to meet any of
the documentation requirements could jeopardize all or part of the
claim reimbursement. The various documentation requirements imposed
on the mortgagee are designed to provide critical control and
notification functions which enable HUD to expedite the payment of a
claim.

All documents must be sent to HUD Headquarters or the local HUD Office
on the date the assignment is filed for record, as follows:

A.TO HUD HEADQUARTERS.

1.The original Parts A and B.

2.The original Mortgage Insurance Certificate.

3.The Title Submission Certificate.

4.Worksheet showing reallocation of mortgage payments if


capitalized method of accounting is used.

5.Copy of the Mortgage Note if the Mortgage is a GPM, ARM or


GEM.

B.TO THE LOCAL HUD OFFICE, ATTN: SINGLE FAMILY LOAN MANAGEMENT
BRANCH.

1.Copies of Parts A and B.

2.The original of Part D.

3.A copy of the Title Submission Certificate.

4.The original of all hazard insurance policies and a copy of


the notice to the insurance carrier requesting that HUD be
named beneficiary in the mortgagee clause.

5.Copy of the last tax bill paid.

6.All ledger cards or payment records. If capitalization


method is used, attach a worksheet showing allocation of
payments per mortgage terms.

7.Section 235 loans. If not provided with the assignment


request documents, send the last two recertifications (Forms
HUD-93101, HUD-93101A); employment verifications; Form
HUD-93115, Notice to Homeowner (where appropriate); and Form
HUD-93114, Notice of Suspension, Termination and
Reinstatement of Assistance Payments Contract (where
appropriate).

8.If the case is subject to Section 235 recapture of


assistance payments, provide the total dollar amount of
assistance applied to the account through the date of
assignment.

9.Copy of buydown agreement, if any, and all documents which


relate to the payment amount or application of the payments.

10.Any additional information which HUD may require.

C.TO THE LOCAL HUD OFFICE, ATTN: FIELD COUNSEL.

1.Original mortgage.

2.Original note with endorsement.

3.Copy of assignment to HUD.

4.Copies of all intervening assignments.

5.Mortgagee's original title policy evidencing the loan to be


the first lien of record.

6.A copy of Part A.

7.A copy of HUD's letter approving assignment of a damaged


property under 24 CFR 203.379(a), if applicable.

8.The mortgagee's certificate that the conditions of 24 CFR


203.379(a)(2), relating to fire damage, have been met, if
applicable.

9.A statement relating to title defects if 24 CFR 203.390


applies.

NOTE: See paragraph 1-8 for file documentation requirements.

The following Table (Table 3.1) illustrates the document submission


requirements for assignment claims.
ASSIGNMENT CLAIM SUBMISSION REQUIREMENTS

********************************************************************
* GRAPHICS MATERIAL IN ORIGINAL DOCUMENT OMITTED
*

********************************************************************

3-15 CLAIM PREPARATION - ASSIGNMENTS.

The claim must be completed as described below using HUD Form-27011,


Single Family Application for Insurance Benefits. In order to avoid
delay in payment, the claim must be complete and accurate and contain
all information requested. Note paragraph 1-3 concerning
pre-screening of applications.

In many instances, the instructions provided in Chapter 2, Conveyances


apply equally in assignment cases. When this occurs the words "Same
as Conveyance" appear after the Item title and the conveyance
instructions for that item are repeated verbatim for convenience.

Note:Mortgagees do not calculate debenture interest in assignment


claims.

A.Instructions for the Completion of HUD Form 27011, Part A,


Initial Application. The following item by item instructions are
to be used when completing HUD Form 27011, Part A, for assignment
claims.

PART A

INITIAL APPLICATION

Item 1 Claim Type. Place an "X" in the space for Claim


Type 02 = Assignment.

Items 2 & 3 FHA Case Number and Section of Act Code


(Same as Conveyance). Enter the FHA Case Number
and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed
since 1962 use the first style shown below, with
three numerals, then a hyphen, then six numerals
(or seven including the check digit). Be sure too
include the hyphen on the claim, whether the claim
is submitted on paper or through electronic data
interchange (EDI), even though CHUMS may omit it.
The three other acceptable FHA case number
formats, for pre-1962 mortgages, are also
illustrated below. All models include the Section
of the Act (SOA) ADP codes. The formatted case
number appears on the MIC or the advanced notice
of S/F Annual MIP unless the case is included in
CHUMS, as in "5" below.

(1) X X X - X X X X X X X X X
or X X X - X X X X X X X
FHA Case No. SOA
ADP Code

(2) X X - X X X X X X X X
X
FHA Case No. SOA ADP
Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code (Same As Conveyance). Enter


the applicable code number from the default
reasons listed below. If code 15 is used, explain
the reason on the reverse of Part A under
"Mortgagee's Comments."

CODE REASON

01 =Death of a principal mortgagor

02 =Illness of a principal mortgagor

03 =Illness of mortgagor's
family
member

04 =Death, mortgagor's family member

05 =Marital difficulties

06 =Curtailment of income
(reduction of
income of a borrower)

07 =Excessive obligations -
same
income, including habitual
nonpayment of debts

08 =Abandonment of property

09 =Distant employment transfer

10 =Neighborhood problem
11 =Property problem

12 =Inability to sell property

13 =Inability to rent property

14 =Military service

15 =Other reasons (explain in


Mortgagee's Comments)

Item 5 Endorsement Date (Same as Conveyance). Enter the


endorsement date that appears on the Mortgage
Insurance Certificate. If the mortgage was
insured before MIC's were issued, enter the
endorsement date that appears on the note.

Item 6 Date Form Prepared. Enter the date this form is


completed and submitted to HUD. To avoid interest
curtailment, Parts A and B must be submitted on
the day the assignment is filed for record and
title evidence is submitted to the local HUD
office. See Pars. 3-4.

* Note: Although HUD permits 10 days


from this date
to receive the HUD-27011 before curtailing
interest for late submission, you are required to
enter in Item 6 the date of the actual submission/
mailing date of the form.*

Item 7 Due Date of First Payment to Principal and


Interest (Same as Conveyance). Enter the date the
first payment to Principal and Interest was due.
Obtain this date from the mortgage note.

Item 8 Due Date of Last Complete Installment Paid (Same


as Conveyance). Enter the date the last complete
installment paid was due, not the date it was
paid. This item should be taken from the payment
ledger. If no payments have been made, enter the
date in Item 7 (Due Date of the First Payment to
Principal and Interest).
Note that the date in this item will always be the
first of the month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Not applicable.

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Enter the date the
assignment to the Secretary is filed for record.
The date the assignment is mailed to the recording
authority may be entered. Do not enter the date
the assignment is mailed to an attorney.
Whichever date is entered (recording or mailing)
will be used in evaluating all other related time
requirements and cannot be altered.

Item 11 Date Foreclosure Proceedings (a) Instituted or (b)


Date of Deed In Lieu. (Not applicable.)
Exception: enter when foreclosure was properly
initiated and Local Office requested withdrawal of
the foreclosure action.

Item 12 Holding Mortgagee Number (Payee) (Same as


Conveyance). Enter the complete 10-digit
mortgagee number of the holding mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number (Same as Conveyance).


Enter the complete 10-digit mortgagee number of
the servicing mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data are mailed. Information will be
mailed only to the holding mortgagee if this item
is not completed.
Item 14 Mortgagee Reference Number (Same as Conveyance).
Enter the loan number (maximum 15 digits) used by
the mortgagee for identifying the case if any.
This number will be printed on the benefits check.
If the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount (Same as Conveyance).


Enter the original mortgage amount. This figure
should be taken from the mortgage note. If there
has been a recast of the mortgage, make a notation
of the recasting on the reverse side of Part A
under "Mortgagee's Comments" and make reference to
24 CFR 203.342.

Item 16 Holding Mortgagee EIN (Same as Conveyance). Not


applicable.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance) (Same as Conveyance). Enter the
unpaid mortgage balance after crediting the last
complete monthly installment paid. This figure is
taken from the mortgagee's payment ledger.
Partial payments insufficient to complete a full
monthly installment are to be reported in Part B,
Item 109 as escrow funds.

Item 18 Date of Firm Commitment (Same as Conveyance).


Enter the date of the firm commitment. This date
should be taken from the firm commitment document,
if available. The debenture interest rate is
determined by the firm commitment date or the date
of endorsement, whichever yields the higher rate.
If the case was insured under the Direct
Endorsement Program or the commitment date is not
available, this item must be left blank. Direct
endorsement mortgages may be identified by the
suffix code 700 through 799. Do not enter a date
here if this is a direct endorsement or
coinsurance loan.

Item 19 Expiration Date of Extension of Foreclose/Assign.


If a request for an extension of time to assign
the mortgage is requested by the mortgagee and
granted by the local HUD office, enter the
expiration date of that extension. The extension
must be in writing.

Item 20 Date of Notice/Extension to Convey. Enter the


date of the local HUD office approval to assign
the mortgage (Assignment Acceptance Letter).

Item 21 Date of Release of Bankruptcy, If Applicable (Same


as Conveyance). Enter the date the bankruptcy
stay or the local law prohibition was released.
Note: When there is more than one bankruptcy, and
the mortgagee is entitled to a 60 day extension to
begin foreclosure, enter the release date which
applies to the extension.

* Item 22 Is Property Vacant? Yes or No - Check one to


indicate the occupancy status as of the date in
Item 10.*

Item 23 If Item 22 is "No," Date of Local HUD Office


Approval - Not applicable.

Item 24 Is Property Conveyed Damaged? Yes or No


(Same as Conveyance) - Check "yes" if the damage
* falls into the categories listed in paragraphs
2-10 and 2-11.*

If there is no damage or if there is damage to


the
property which is not covered by the above
paragraphs, check "no." In the latter case,
specify the type of damage and if any immediate
repairs are needed on the reverse of Part A under
"Mortgagee's comments."

Item 25 If Item 24 is "Yes," Date of (a) Local HUD Office


Approval (Pursuant to 203.379(a)(1)) or (b)
Certification (pursuant to 203.379(a)(2)) (Same as
Conveyance) - Enter the date of the HUD approval
letter or the mortgagee certification letter,
whichever is applicable. Attach a copy of the
certification letter to Part A (copy 1) which is sent to the
local HUD office.

Item 26 Type of Damage (Same as Conveyance) - Check


appropriate box. If more than one type of damage,
check the type that caused the greatest damage.
Do not complete this item if item 24 is checked
"no."

Item 27 Recovery or Estimate of Damage - A figure must be


entered here if item 24 is "yes" and 25(a)
applies. If the local HUD office approved
assignment of a mortgage on the property in a
damaged condition, enter the greater of HUD's
estimate to repair the damage (obtained from the
local HUD office) or the amount of the insurance
recovery. If the insurance recovery is not
received when this item is completed, estimate the
amount. AN AMOUNT MUST BE ENTERED.

If item 25(b) applies, enter the amount of the


insurance recovery, if any. If insurance recovery
has not been received, estimate the amount.

Item 28 Is Mortgagee Successful Bidder? Yes or No - Not


applicable.

Item 29 Deficiency Judgment Code. Not applicable.

Item 30 Authorized Bid Amount. - Not applicable.

Item 31 Mortgagee Reported Curtailment Date. Not


applicable.

Item 32 Schedule of Tax Information. Enter complete


information on the last amount paid for each type
of tax or assessment. If a tax has not been paid
because it was not available for payment before
assignment, show the exact title of the tax or
assessment to which it is subject. If a tax was
not paid because of a Homestead or similar
exception, identify the tax and enter the
exception type in the "Amount Paid" column.

Type of Tax/Tax Year. Enter the exact title of


the tax or assessment with installment
information, if applicable (e.g., county tax,
first half or school district tax, second half)
and the year for which the tax assessment was
levied.

Collector's Property Identification. Enter the


number used by the taxing authority to identify
the property.

Amount Paid. Enter the amount paid for each type


of tax or assessment (excluding penalties and
interest) and attach a copy of the bill to the
copy of Part A sent to the local HUD office. If
no tax was paid because of an exemption, enter the
type of exemption. If the tax was not paid for
other reasons, enter "None."

Period Covered, From - To. Enter the dates


covered by the tax whether paid or not and without
regard for the due date.

Date Paid. Enter the date of actual payment. All


tax bills available before assignment should be
paid regardless of the due date. Tax bills
received after the date the assignment is filed
for record should be sent to the local HUD office,
identified by the FHA case number and the taxing
authority identification number.

Internal Revenue Service (IRS) Lien. If there is


an IRS tax lien, enter the date and the expiration
of the lien on the reverse side of Part A under
"Mortgagee's Comments.

Notice to Local HUD Office. In addition, the


local HUD office must be promptly advised of the
tax status of the property. After the assignment
has been filed for record, the mortgagee shall
immediately forward all tax bills received, which
are in order for payment and properly identified
by the FHA case number, to the local HUD office,
ATTN: Single Family Loan Management Branch.

Item 33 Mortgagor's Name, Social Security Number


and Property Address (Same as
Conveyance). - Enter the name of the
mortgagor in default as it appears on the
ledger record. Enter the property
address as it appears on the security
instrument or the MIC.

Enter the social security numbers of all


mortgagors, if known. At least one
social security number is required. See
Par. 1-14 for additional information.

Item 34 Brief Legal Description of Property (Same


as Conveyance). Enter a brief
description of the property. This
information is found on the mortgage
which should agree with the deed to HUD.

Item 35 Name and Address of Mortgagee (Same as


Conveyance). Enter the name and address
of the mortgagee, including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer


(Same as Conveyance). Enter the name and
address of the mortgagee's servicer,
including the ZIP code, if applicable.
Include the name and telephone number of
a contact person who can answer questions
about the claims.

Items 37
and 38 Mortgagee Official Signature, Date and
Title, and Servicer Signature, Date and
Title (Same as Conveyance). The claim
must be signed and dated by an official
of the holding mortgagee if the holding
mortgagee is filing the claim. If a
servicer is filing the claim on behalf of
the mortgagee, an official of the
servicer must sign and date the form.
The application must be complete when
signed and the actual date signed must be
entered by the signing official. The
application will be returned if it is not
signed or if it contains a stamped or
duplicated signature.

Note to
signing Please be sure you have read and
official: understand the certifications on the HUD
Form-27011 before signing and
dating. If your system prints the date in items
37 and 38, check to ensure this is the date you
are signing the form. Also check the submission
date in item 6 to ensure it does not reflect an
earlier date. The date in item 6 should be
the same date as item 37 or item 38. *

Item 39 Amount of Monthly Payment to: (a) FHA insurance,


(b) Taxes, (c) Hazard Insurance and (d) Interest
and Principal. Enter the regular monthly payment.

Item 40 If Bankruptcy Filed, Enter Date. Enter the date


of the last bankruptcy action. This is required
if Item 21 is completed.

Item 41 If Conveyed/Assigned Damaged, Date Damage Occurred


(Same as Conveyance). Enter the date the
mortgagee or its agent first became aware of
damage to the property. This date should be
available in the Inspection Reports. If there are
no Inspection Reports because the property was
occupied and the date of damage is not known,
enter an estimated date and indicate in the
Mortgagee Comments section that the date is an
estimate.

Item 42 Date HIP Canceled or Refused, if Applicable (Same


as Conveyance). Enter the date the fire insurance
policy was canceled or refused by the insurer, if
the property was damaged by fire and the mortgagee
executes a certification pursuant to 24 CFR
203.379(a)(2) (a date will be entered in Item
42b).

Item 43 Number of Living Units (Same as Conveyance).


Enter the number of living units in the property.

Item 44 Status of Living Units (Same as Conveyance).


Indicate if the property is vacant or occupied for
each living unit by checking the appropriate box.
If the unit is occupied, enter the occupant's
name. If the unit is vacant, enter the date
vacated (as best as can be determined) and the
date the mortgagee secured the property.

Mortgagee's Comments, if Any. Use this area to justify unusual


circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following item-by-item instructions are to be used
when completing HUD Form 27011, Part B, for assignment claims.
Prepare this Part after Part D has been completed. The
information entered in this Part is transferred from Part D.
Parts C and E are not applicable to the assignment claim.

Note:Debenture interest is not calculated by mortgagees in


assignment claims.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address (Same as


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 101
and 102 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 103 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's Reference Number as it
appears in Item 14 of Part A.

Item 104 Date Form Prepared. Enter the date Parts A and B
are prepared and submitted to HUD (See Paragraph
3-4).

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Not applicable.

Item 106 Check if Supplemental. Not applicable.

Item 107 Adjustment to Loan Balance (if different from


block 17 on Part A). Not applicable.

Item 108 Sale/Bid Price or Appraisal Value (for


Coinsurance
or Nonconveyances) Not applicable.

Item 109 Escrow Balance (as of Date in Block 10, Part A).
Enter amount remaining in escrow account as of the
date the assignment is filed for record. Also
include any funds received on account of the
mortgage which have not been applied to reduce the
indebtedness, e.g., partial payments, buydown
monies, funds held in escrow for on-site repairs
(pursuant to Form HUD-92300, Assurance of
Completion Agreement). DO NOT SEND ESCROW FUNDS
TO HUD.

See Item 123 for unapplied Section 235 assistance


payments.

Payment of expenses for which funds are escrowed


shall be charged to the escrow account in full or
in part until the escrow account balance equals
zero. Expenses paid from available escrow funds
are not to be recorded on Part D.

DO NOT ENTER A NEGATIVE BALANCE. Advances by the


mortgagee for expense payments normally charged to
the escrow account shall be recorded under Part D,
Items 305 or 311, as appropriate. When the first
occurrence of an expense results in a negative
balance to escrow, enter the negative amount in
Item 305 or 311, whichever is appropriate.

Illustration of Mortgagee Advances:

Date Date
Escrow
Due Paid Interest Principal Escrow
Balance

Balance Forward ...... ...... ...... $151.60


1/01/83 2/03/83 $73.32 $21.07 $70.69 222.29
8/03/83 198.98- 23.31
12/11/83 51.19- (27.88)/1

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C. Not
applicable, except for vacant assigned properties.

Item 111 Total Disbursements from line 305, Part D. Enter


the total amount appearing in Part D, Item 305.
Item 112 Attorney/Trustee Fees Paid From Line 306, Part D.
Enter the total amount appearing in Part D, Item
306.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D. Enter the total
amount appearing in Part D, Item 307.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D. Enter the amount of bankruptcy fees appearing
in Part D, Item 310.

Item 115 Rental Income. Enter any income from the rental
of the property between the date of default and
the date the assignment was filed for record.

Item 116 Rental Expense (Same as Conveyance). Enter


rental
expenses incurred, if any. If there is no entry
in Item 115, make no entry in this item. This
entry cannot exceed the amount shown in Item 115.

Item 117 Total Taxes on Deed from Line 308, Part D. Not
applicable.

___________________________________

/1First amount to be entered on Part D, Item 305 or 311, as applicable.


Interest should only be calculated on $27.88, not the $51.19.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. Not
applicable.

Item 119 Estimate or Recovery from Part A. Not


applicable.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 309, Part D. Not applicable.

Item 121 Mortgage Note Interest. Unpaid mortgage note


interest to the date the assignment is filed for
record will be included in the insurance benefits.

From. Enter the date of the last completely paid


installment (Item 8, Part A). If no payments were
made, enter a date 30 days prior to the due date
of the first scheduled payment (Item 7, Part A).
If the date of the note is less than 30 days prior
to the due date of the first scheduled payment,
enter the date of the note.

To. Enter the date on which the assignment to


the
Secretary was filed for record (Item 10, Part A).
Rate. Enter the mortgage interest rate as it
appears on the mortgage note.

Computation method. To obtain the amount of


accrued mortgage interest due, multiply the Daily
Interest Rate Factor by the amount of the unpaid
principal balance. The Daily Interest Rate Factor
is found in the Table in Appendix 8. This result
is then multiplied by the number of days from the
due date of the last completely paid installment
to the date the assignment was filed for record.
To assist in determining the number of days refer
to the Julian Date Calendars provided in Appendix
9.

Item 122 Mortgage Insurance Premiums (Same as Conveyance).


Enter total from Item 311, Part D.

Item 123 Unapplied Section 235 Assistance Payments (Same


as
Conveyance). Enter unapplied assistance payments
in Column A, if applicable.

Item 124 Overpaid Section 235 Assistance Payments (Same as


Conveyance). Enter the amount of any funds
advanced by the mortgagee to repay to HUD
assistance to which the mortgagor was not entitled
and which was not recovered from the mortgagor,
unless the overpayment was the result of error on
the part of the mortgagee. Amount is to be
entered in Column B. Do not calculate debenture
interest for Column C.

Items 125
thru 132 Not applicable. Any amounts appearing on these
lines will be disallowed.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number (Same as Conveyance). Enter the
name and telephone number of a person in the
holding or servicing mortgagee's office who can
answer questions concerning the information
reported on this claim form. Include the Holding
Mortgagee number which you entered in Item 12 of
Part A.

Items 134
and 136 Enter the totals of Columns A - Deductions;
B - Additions; and C - Interest.

Item 137 Net Claim Amount (Columns B - A + C). The net


claim amount calculated by the mortgagee will
differ from the actual amount HUD will pay due to
possible interest curtailment, disallowed
expenses, and additional debenture interest
calculated to the date of claim settlement.

Items 138
and 139 Mortgagee's Official Signature. Date and Title
(signature not necessary if signed by a servicer)
and Servicer Signature, Date, and Title. Enter a
signature in at least one of these blocks.

C.Instructions for the Completion of HUD Form 27011, Part C,


Support Document.

Part C is not required when filing an assignment claim (except


vacant assigned properties, see instruction in Chapter 2).

D.Instructions for the Completion of HUD Form 27011, Part D,


Support Documentation (Continuation 1).

The general instructions for the preparation of Part D in


conveyance claims are applicable in assignment claims except that
where the general instructions refer to "the date the deed is
filed for record" or "date of conveyance", the "date of the
assignment is filed for record" will be substituted.

Debenture interest on expenditures is paid from the date of


assignment (not from the date of payment expenditure) to the date
of claim settlement, therefore debenture interest should not be
calculated or entered in Part D.

PART D

SUPPORT DOCUMENT (Continuation 1)

Items 300
and 301 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 302 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 303 Debenture Interest Rate. Not applicable.

Item 304 Date (Same as Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions reported in Part A) or its
approved extension, enter the date the action
should have been taken. Debenture interest will
be computed to this date. If there was more than
one failure, enter the earliest date on which a
required action should have been taken (See
paragraph 2-5c).

Item 305 Disbursements for HIP, Taxes, Ground Rents and


Water Rates (which were liens prior to mortgage),
Eviction Costs and Other Disbursements Not Shown
Elsewhere. (Do not include any penalties for late
payment). Itemize all disbursements in these
categories including for each item the date paid,
the period covered, the description, and the
amount paid. Do not include disbursements which
were paid from available escrow funds. No expense
should be incurred after the date the assignment
is filed for record (Item 10), except where the
local HUD office instructs you to take an action.
See explanation for escrow account, Part B, Item
109.

Item 306 Attorney/Trustee Fee. Enter reasonable


attorney's
fees paid in connection with preparation of an
assignment of the mortgage to the Secretary. If
attorney's fees exceed those normally charged in
the applicable jurisdiction and/or if additional
space is needed to list fees, attach a separate
sheet to this part with an explanation of the
excessive fees and/or the additional fees, and
ensure adequate documentation is maintained in the
claim file. See paragraph 1-10. Total the
"Amount Paid" column.

Item 307 Foreclosure and/or Acquisition, Conveyance and


Other Costs. Itemize any other legal costs paid
by the mortgagee, but not entered in Item 306
above. Total the "Amount Paid" column. NOTE: A
fee for the title policy should not be claimed on
an assignment.

Item 308 Taxes on Deed. Not applicable.

Item 309 Special Assessments (Do not use for Coinsurance,


see part E). Not applicable.

Item 310 Bankruptcy. Itemize the bankruptcy fees paid.


There must be an entry in item 40. If the
bankruptcy fees exceed those approved by HUD for
routine bankruptcies, see paragraph 1-10.

Item 311 Mortgage Insurance Premiums. Itemize all MIP


disbursements, including the date paid, the period
covered, and the amount paid. Only include the
"advanced" MIP disbursements paid after the due
date of the last completely paid installment to
the date the assignment is filed for record.

E.Instructions for the Completion of HUD Form 27011, Part E Support


Document (Continuation 2). Part E is not required when filing an
assignment claim.
AUTO/ASSIGNMENTS 4330.4

_______________________________________________________________________
____

CHAPTER 4: AUTOMATIC ASSIGNED HOME MORTGAGES UNDER SECTION 221(G)(4)

_______________________________________________________________________
____

4-1 GENERAL.

Section 221(g)(4) of the National Housing Act gives the mortgagee the
option of assigning to HUD mortgages insured under Section 221
pursuant to a conditional or firm commitment issued on or before
November 30, 1983 when such mortgages are not in default at the
expiration of twenty years from the date the mortgage was endorsed for
insurance (24 CFR 221.255). Mortgages which were held by GNMA on or
after April 1, 1984 are not eligible for this option. The procedures
in this chapter will be followed in automatic assignment claims.

4-2 INELIGIBLE MORTGAGES.

The following mortgages are not eligible for automatic assignment:

A. Mortgage in default;

B. Mortgage insured pursuant to a conditional or firm commitment


issued after November 30, 1983;

C. Mortgages which were held by GNMA on or after April 1, 1984


(even
if not now held by GNMA).

The following numbers apply:

94001 - 0999 - 4
94002 - 0999 - 5
94006 - 0999 - 9
94008 - 0999 - 0
94014 - 0999 - 3
94022 - 0999 - 8

4-3 TIME REQUIREMENT.

The mortgagee must exercise its option under Section 221(g)(4) by


filing the assignment for record within one year following the
twentieth anniversary of the date the mortgage was endorsed for
insurance. No extension of time will be permitted for this action.
If the assignment is not recorded or mailed to the recording authority
within the one year time required, the mortgage note may be reassigned
to the mortgagee. In states where recording is not required, the
claim must be submitted within the one year time frame to be
considered as meeting the time requirement. This option may not be
exercised before the twentieth anniversary date.
All parts of the application identified in paragraph 4-13, together
with required attachments, and the title evidence must be submitted to
the appropriate HUD offices (Headquarters and Local Office) on the
date the assignment is filed for record.

4-4 EXTENSION OF TIME REQUIREMENTS.

The time requirement for recording the assignment of a Section 221


mortgage and for the submission of an automatic assignment claim will
not be extended. The mortgagee must exercise its option under Section
221(g)(4) by filing the assignment for record within one year
following the twentieth anniversary of the date the mortgage was
endorsed for insurance. The claim must be submitted on the date the
assignment is filed for record (24 CFR 221.251, 221.255).

4-5 ASSIGNMENT REQUIREMENTS.

The instructions in paragraph 3-4 concerning the form of assignments


are applicable.

4-6 TITLE EVIDENCE.

The instructions in paragraph 3-3 concerning the approval of title


evidence are applicable.

4-7 PREPAYMENTS.

A. The date shown in Item 8 of Part A (the due date of the last
complete installment paid) must not be later than the date shown
in Item 10 (the date the assignment is filed for record),
otherwise, the claims system will reject the claim. Therefore,
if payments in advance of the current due date have been received
send a check for the prepayment to the mortgagor.

B.The claims system will accept one or more prepayments to


principal alone, therefore, prepayments of principal should not
be returned to the mortgagor.

Annotate the "Mortgagee's Comment" section on the reverse side of


Part A by the number and dollar amount of prepayments to
principal and indicate the actual periodic payment and the
scheduled periodic payment as it relates to the original
amortization schedule, such as actual - 251st periodic payment,
scheduled - 242nd periodic payment.

4-8 ESCROW FUNDS.

A.A check for the total amount of the escrow account should be sent
to the mortgagor so that it is received no later than 10 days
after the claim is submitted.

B.The mortgagee must be certain that the escrow account contains


enough funds to pay all escrow items as they fall due before the
mortgage is assigned because the mortgagee will not be reimbursed
for funds advanced. If any funds are advanced, they must be
collected from the mortgagor.
4-9 HAZARD INSURANCE.

A.Do not cancel the hazard or flood insurance contract.

B.Instruct the hazard and flood insurance carrier to substitute as


the beneficiary in the mortgagee clause the following: "Secretary
of Housing and Urban Development, his successors and assigns, in
care of (insert the name and address of local HUD office)".

C.Send the insurance contract or policy (original) to the local HUD


Field Office.

D.Notify, at least 15 days prior to the filing date, all insurance


carriers for the hazard, flood, life, health and disability
coverage, that the mortgagor will be responsible for the payment
of tax bills and insurance premiums.

E.If there are funds accrued in escrow for insurance, the mortgagee
must mail a check to the mortgagor for the amount of the accrued
premium. HUD will not escrow for insurance or any other item for
a Section 221(g)(4) mortgage.

4-10 NOTICE TO MORTGAGOR.

A.At least 60 days prior to the date the assignment will be filed
for record, the mortgagee must notify the mortgagor of the
pending assignment in the form of Appendix 17.

B.At least 15 days prior to the date the assignment will be filed
for record or at least 15 days prior to the first mortgage
payment due HUD after the filing date, whichever is earlier, the
mortgagee must notify the mortgagor that the mortgage will be
assigned and payments should be made to HUD. The form of
Appendix 18 should be used for this purpose.

C.Payments received from mortgagor after the assignment has been


filed for record. If the mortgagee receives additional payments
from the mortgagor after the date the claim is submitted and the
assignment is filed for record, the mortgagee must endorse the
payment to HUD and forward all payments to our lock box in
Atlanta at the following address:

Payment Processing Center


P.O. Box 105652
Atlanta, GA 30348

The appropriate FHA Case Number must identify each payment


forwarded to HUD's lock box. (Notate the FHA Case No. in the
upper right hand corner of each check or money order.)

4-11 NOTICE TO TAXING AUTHORITY.

At least 15 days prior to the filing date, notify the taxing


authorities that the mortgagor will be responsible for payment of tax
bills.

4-12 CLAIM PAYMENT.


All Section 221(g)(4) claims for insurance benefits will be paid in
debentures having a total face value equal to the unpaid obligation of
the mortgage as of the date of the assignment plus accrued mortgage
interest to such date. The debentures will be dated as of the date
the mortgage is assigned and shall bear interest at the "going Federal
rate" at the date of issuance.

The claim payment will not include any advances or costs paid by the
mortgagee, and since the claim will be paid in debentures, there will
be no accrued debenture interest.

4-13 DOCUMENTS TO BE SUBMITTED.

It is very important that all required documentation be forwarded to


the appropriate locations in a timely manner. Failure to meet any of
the documentation requirements could jeopardize all or part of the
claim reimbursement. The various documentation
requirements imposed on the mortgagee are designed to provide critical
control and notification functions which enable HUD to expedite the
payment of a claim.

All documents must be submitted on the date the assignment is filed


for record.

A.TO HUD HEADQUARTERS:

1.The original Parts A and B.

2.The original Mortgage Insurance Certificate.

3.The Title Submission Certificate.

4.Worksheet showing reallocation of mortgage payments if


capitalized method of accounting is used.

B.TO THE LOCAL HUD OFFICE, ATTN: SINGLE FAMILY LOAN MANAGEMENT
BRANCH:

1.Copies of Parts A and B.

2.A copy of the Title Submission Certificate.

3.A copy of the Mortgage Insurance Certificate.

4.The original of all hazard insurance policies and a copy of


the notice to the insurance carrier requesting the HUD be
named beneficiary in the mortgagee clause.

5.Copies of the 60 day and 15 day notices to the mortgagor


(See paragraph 4-10).

6.A copy of the escrow check sent to the mortgagor.

7.A copy of the mortgage assignment document which was filed


for record.
8.All ledger cards or payment records. If capitalization
method is used, attach a worksheet showing allocation of
payments per mortgage terms.

C.TO THE LOCAL HUD OFFICE, ATTN: FIELD COUNSEL.

1.Original mortgage.

2.Original note with endorsement.

3.Copy of assignment to HUD.

4.Copies of all intervening assignments.

5.Mortgagee's original title policy evidencing the loan to be


the first lien of record.

6.A copy of Part A.

7.A copy of HUD's letter approving damaged conveyance of the


property under 24 CFR 203.379(a), if applicable.

8.The mortgagee's certificate that the conditions of 24 CFR


203.379(a)(2), relating to fire damage, have been met, if
applicable.

Note: See paragraph 1-8 for file documentation requirements.

The following Table (Table 4.1) illustrates the document submission


requirements for automatic assignment claims.

AUTOMATIC ASSIGNMENT CLAIM SUBMISSION REQUIREMENTS

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* *
* *
* *
* *
* *
* *
* *
* *
* GRAPHICS MATERIAL IN ORIGINAL DOCUMENT OMITTED
*
* *
* *
* *
* *
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4-14 CLAIM PREPARATION - AUTOMATIC ASSIGNMENTS.

The claim must be completed as described below. In order to avoid


delay in payment, the claim must be complete and accurate and contain
all information requested. Note paragraph 1-3 concerning
pre-screening of applications.

In many instances the instructions provided in Chapter 2, Conveyances,


apply equally in Automatic Assignment cases. When this occurs the
words "Same as Conveyance" appear after the Item title and the
conveyance instructions for that item are repeated verbatim for
convenience.

Note:Debenture interest is not calculated in automatic assignment


claims.

A.Instructions for the Completion of HUD Form 27011, Part A,


Initial Application. The following item by item instructions are
to be used when completing HUD Form 27011, Part A, for automatic
assignment claims.

PART A

INITIAL APPLICATION

Item 1 Claim Type. Place an "X" in the space for Claim


Type 03 = Automatic Assignment.

Items 2 & 3 FHA Case Number and Section of Act Code


(Same as Conveyance). Enter the FHA Case Number
and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed
since 1962 use the first style shown below, with
three numerals, then a hyphen, then six numerals
(or seven including the check digit). Be sure to
include the hyphen on the claim, whether the claim
is submitted on paper or through electronic data
interchange (EDI), even though CHUMS may omit it.
The three other acceptable FHA case number
formats, for pre-1962 mortgages, are also
illustrated below. All models include the Section
of the Act (SOA) ADP codes. The formatted case
number appears on the MIC or the advanced notice
of S/F Annual MIP unless the case is included in
CHUMS, as in "5" below.

(1) X X X - X X X X X X X X X
or X X X - X X X X X X X
FHA Case No. SOA ADP
Code

(2) X X - X X X X X X X X
X
FHA Case No. SOA ADP
Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code. Not applicable.

Item 5 Endorsement Date (Same as Conveyance). Enter the


endorsement date that appears on the Mortgage
Insurance Certificate. If the mortgage was
insured before MIC's were issued, enter the
endorsement date that appears on the note.

Item 6 Date Form Prepared. Enter the date this form is


completed and submitted to HUD. Part A must be
submitted on the same day the assignment is filed
for record and title evidence is submitted to the
local HUD office.

* Note: Although HUD permits 10 days from this date to


receive the HUD form 27011 you are
required to
enter in Item 6 the date of the actual
submission
(mailing) date of the form.*

Item 7 Due Date of First Payment to Principal and


Interest (Same as Conveyance). Enter the date the
first payment to Principal and Interest was due.
Obtain this date from the mortgage note.

Item 8 Due Date of Last Complete Installment Paid. Enter


the date the last complete installment paid was
due, not the date it was paid. This item should
be taken from the payment ledger. Note that the
date in this item will always be the first of the
month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Not applicable.

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Enter the date the
assignment to the Secretary is filed for record.
The date the assignment is mailed to the recording
authority may be entered. Do not enter the date
the assignment is mailed to an attorney.

Note: If the date the assignment is mailed to


the
recording authority is used, this date will be
used in evaluating all other related time
requirements.

Item 11 Date Foreclosure Proceedings (a) Instituted or (b)


Date of Deed In Lieu. Not applicable.

Item 12 Holding Mortgagee Number (Payee) (Same as


Conveyance). Enter the complete 10-digit
mortgagee number of the holding mortgagee.

Note: This number determines the payee's name


and
the address to which claims payment data and
insurance benefits are mailed.

Item 13 Servicing Mortgagee Number (Same as Conveyance).


Enter the complete 10-digit mortgagee number of
the servicing mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data are mailed. Information will be
mailed only to the holding mortgagee if this item
is not completed.

Item 14 Mortgagee Reference Number (Same as Conveyance).


Enter the loan number (maximum 15 digits) used by
the mortgagee for identifying the case if any.
This number will be printed on the benefits check.
If the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount (Same as Conveyance).


Enter the original mortgage amount. This figure
should be taken from the mortgage note. If there
has been a recast of the mortgage, make a notation
of the recasting on the reverse side of Part A
under "Mortgagee's Comments" and make reference to
24 CFR 203.342.

Item 16 Holding Mortgagee EIN. Enter the complete 9-digit


Employer Identification Number. This information
must be entered.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance). Enter the unpaid mortgage
balance after crediting the last complete monthly
installment paid. This figure is taken from the
mortgagee's payment ledger.
Item 18 Date of Firm Commitment. Not applicable.

Item 19 Expiration Date of Extension of Foreclose/Assign.


Not applicable. No extension are allowed on
automatic assignments.

Item 20 Date of Notice/Extension to Convey. Not


applicable.

Item 21 Date of Release of Bankruptcy, If Applicable. Not


applicable.

Item 22 Is Property Vacant? Yes or No - Check one.

Item 23 If Item 22 is "No," Date of Local HUD Office


Approval - Not applicable.

Item 24 Is Property Conveyed Damaged? Yes or No (Same as


Conveyance) - Check "yes" if the damage falls into the categories
listed in paragraphs 2-10 and 2-11.

If there is no damage or if there is damage to


the
property which is not covered by the above
paragraphs, check "no." In the latter case,
specify the type of damage and if any immediate
repairs are needed on the reverse of Part A under
"Mortgagee's comments."

Item 25 If Item 24 is "Yes," Date of (a) Local HUD Office


Approval (Pursuant to 203.379(a)(1) or (b)
Certification (pursuant to 203.379(a)(2)) (Same as
Conveyance) - Enter the date of the HUD approval
letter or the mortgagee certification letter,
whichever is applicable. Attach a copy of the
certification letter to Part A (copy 1) which is
sent to the local HUD office.

Item 26 Type of Damage (Same as Conveyance) - Check


appropriate box. If more than one type of damage,
check the type that caused the greatest damage.
Do not complete this item if item 24 is checked
"no."

Item 27 Recovery or Estimate of Damage - A figure must be


entered here if item 24 is "yes" and 25(a)
applies. If the local HUD office approved
assignment of a mortgage on the property in a
damaged condition, enter the greater of HUD's
estimate to repair the damage (obtained from the
local HUD office) or the amount of the insurance
recovery. If the insurance recovery is not
received when this item is completed, estimate the
amount. AN AMOUNT MUST BE ENTERED.

If item 25(b) applies, enter the amount of the


insurance recovery, if any. If insurance recovery
has not been received, estimate the amount.

Item 28 Is Mortgagee Successful Bidder? Yes or No - Not


applicable.

Item 29 Deficiency Judgment Code. Not applicable.

Item 30 Authorized Bid Amount. - Not applicable.

Item 31 Mortgagee Reported Curtailment Date. Not


applicable.

Item 32 Schedule of Tax Information. Enter complete


information on the last amount paid for each type
of tax or assessment. If a tax has not been paid
because it was not available for payment before
assignment, show the exact title of the tax or
assessment to which it is subject. If a tax was
not paid because of a Homestead exception,
identify the tax and enter "Homestead" in the
"Amount Paid" column.

Type of Tax/Tax Year. Enter the exact title of


the tax or assessment with installment
information, if applicable (e.g., county tax,
first half or school district tax, second half)
and the year for which the tax assessment was
levied.

Collector's Property Identification. Enter the


number used by the taxing authority to identify
the property.

Amount Paid. Enter the amount paid for each type


of tax or assessment (excluding penalties and
interest) and attach a copy of the bill to the
copy of Part A sent to the local HUD office. If
no tax was paid because of a Homestead exemption,
enter "Homestead." If the tax was not paid for
other reasons, enter "None."

Period Covered, From - To. Enter the dates


covered by the tax whether paid or not and without
regard for the due date.

Date Paid. Enter the date of actual payment. All


tax bills available before assignment should be
paid regardless of the due date. Tax bills
received after the date the assignment is filed
for record should be sent to the local HUD office,
identified by the FHA case number and the
taxing authority identification number.

Internal Revenue Service (IRS) Lien. If there is


an IRS tax lien, enter the date and the expiration
of the lien on the reverse side of Part A under
"Mortgagee's Comments."

Notice to Local HUD Office. In addition, the


local HUD office must be promptly advised of the
tax status of the property. After the assignment
has been filed for record, the mortgagee shall
immediately forward all tax bills received, which
are in order for payment and properly identified
by the FHA case number, to the local HUD office,
ATTN: Single Family Loan Management Branch.

Item 33 Mortgagor's Name, Social Security Number and


Property Address - Enter the name of the mortgagor
as it appears on the ledger record. Enter the
property address as it appears on the security
instrument or the mortgage insurance certificate.

Enter the social security numbers of all


mortgagors, if known. At least one social
security number is required. See paragraph 1-14
for additional information.

Item 34 Brief Legal Description of Property (Same as


Conveyance). Enter a brief description of the
property. This information is found on the
mortgage which should agree with the deed to HUD.

Item 35 Name and Address of Mortgagee (Same as


Conveyance). Enter the name and address of the
mortgagee, including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer (Same


as Conveyance). Enter the name and address of the
mortgagee's servicer, including the ZIP code, if
applicable. Include the name and telephone number
of a contact person who can answer questions about
the claims.

Items 37 & 38 Mortgagee Official Signature, Date and Title, and


Servicer Signature, Date and Title (Same
as Conveyance). The claim must be signed and
dated by an official of the holding mortgagee if
the holding mortgagee is filing the claim. If a
servicer is filing the claim on behalf of the
mortgagee, an official of the servicer must sign
and date the form. The application must be
complete when signed and the actual date signed
must be entered by the signing official. The
application will be returned if it is not signed
or if it contains a stamped or duplicated
signature.

* Note to
signing
official: Please be sure you have read and understand the
certifications on the HUD Form-27011 before
signing and dating. If your system prints the
date in items 37 and 38, check to ensure this is
the date you are signing the form. Also check the
submission date in item 6 to ensure it does not
reflect an earlier date. The date in item 6
should be the same date as item 37 or item 38. *

Item 39 Amount of Monthly Payment to: (a) FHA insurance,


(b) Taxes, (c) Hazard Insurance and (d) Interest
and Principal. Enter the regular monthly payment.

Item 40 If Bankruptcy Filed, Enter Date. Not applicable.

Item 41 If Conveyed/Assigned Damaged, Date Damage Occurred


(Same as Conveyance). Enter the date the
mortgagee or its agent first became aware of
damage to the property. This date should be
available in the Inspection Reports. If there are
no Inspection Reports because the property was
occupied and the date of damage is not known,
enter an estimated date and indicate in the
Mortgagee Comments section that the date is an
estimate.

Item 42 Date HIP Cancelled or Refused, if Applicable (Same


as Conveyance). Enter the date the fire insurance
policy was cancelled or refused by the insurer, if
the property was damaged by fire and the mortgagee
executes a certification pursuant to 24 CFR
2O3.379(a)(2) (a date will be entered in Item
42b).

Item 43 Number of Living Units (Same as Conveyance).


Enter the number of living units in the property.

Item 44 Status of Living Units (Same as Conveyance).


Indicate if the property is vacant or occupied for
each living unit by checking the appropriate box.
If the unit is occupied, enter the occupant's
name. If the unit is vacant, enter the date
vacated (as best as can be determined) and the
date the mortgagee secured the property.

Mortgagee's Comments, if Any. Use this area to justify unusual


circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following item-by-item instructions are to be used
when completing HUD Form 27011, Part B, for automatic assignment
claims. Parts C, D and E are not applicable to automatic
assignment claims.

Note:Debenture interest is not calculated in automatic


assignment claims.
PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address (Same as


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 101
and 102 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 103 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's Reference Number as it
appears in Item 14 of Part A.

Item 104 Date Form Prepared (Same as Conveyance). Enter


the date Part B is prepared and submitted to HUD.

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Not applicable.

Item 106 Check if Supplemental. Not applicable.

Item 107 Adjustment to Loan Balance (if different from


block 17 on Part A). Not applicable.

Item 108 Sale/Bid Price or Appraisal Value (for


Coinsurance
or Nonconveyances). Not applicable.

Item 109 Escrow Balance (as of Date in Block 10, Part A).
Not applicable. The total amount of the escrow
account must be sent to the mortgagor.

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C. Not
applicable.

Item 111 Total Disbursements from line 305, Part D. Not


applicable.

Item 112 Attorney/Trustee Fees Paid From Line 306, Part D.


Not applicable.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D. Not applicable.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D. Not applicable.
Item 115 Rental Income. Not applicable.

Item 116 Rental Expense. Not applicable.

Item 117 Total Taxes on Deed from Line 308, Part D. Not
applicable.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. Not
applicable.

Item 119 Estimate or Recovery from Part A. Not


applicable.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 309, Part D. Not applicable.

Item 121 Mortgage Note Interest. Unpaid mortgage note


interest to the date the assignment is filed for
record will be included in the insurance benefits.

From. Enter the due date of the last completely


paid installment (Item 8, Part A).

To. Enter the date on which the assignment to


the
Secretary was filed for record (Item 10, Part A).

Rate. Enter the mortgage interest rate as it


appears on the mortgage note. Show fractions in
decimals to three places.

Computation method. To obtain the amount of


accrued mortgage interest due, multiply the Daily
Interest Rate Factor by the amount of the unpaid
principal balance. The Daily Interest Rate Factor
is found in the Table in Appendix 8. This result
is then multiplied by the number of days from the
due date of the last completely paid installment
to the date the assignment was filed for record.
To assist in determining the number of days refer
to the Julian Date Calendars provided in Appendix
5.

Item 122 Mortgage Insurance Premiums. Not applicable.

Item 123 Unapplied Section 235 Assistance Payments. Not


applicable.

Item 124 Overpaid Section 235 Assistance Payments. Not


applicable.

Items 125
thru 132 Not applicable. Any amounts appearing on these
lines will be disallowed.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number (Same as Conveyance). Enter the
name and telephone number of a person in the
holding or servicing mortgagee's office who can
answer questions concerning the information
reported on this claim form. Include the Holding
Mortgagee number which you entered in Item 12 of
Part A.

Items 134
and 136 Enter the totals of Columns A - Deductions; B -
Additions; and C - Interest.

* Item 137 Net Claim Amount (Columns B - A + C). Enter


the net claim amount.*

Items 138
and 139 Mortgagee's Official Signature, Date and Title
(signature not necessary if signed by a servicer)
and Servicer Signature, Date, and Title. Enter a
signature in at least one of these blocks.

C.Instructions for the Completion of HUD Form 27011, Parts C, D and


E, Support Document (Continuations 1 and 2).

Parts C, D and E are not required when filing an automatic


assignment claim.
COINSURANCE 4330.4

_______________________________________________________________________
____

CHAPTER 5: COINSURED MORTGAGES

_______________________________________________________________________
____

5-1 GENERAL.

A. Claims on loans which were originated under the coinsurance


* provisions of Section 244 of the National Housing Act, 12USC
1715Z-9 and are still within the period of coinsurance must *
be filed in accordance with the provisions of this Chapter,
unless the mortgage has been accepted by HUD for assignment.

Under the coinsurance program the mortgagee does not convey the
property to HUD in exchange for insurance benefits. After
acquiring the property by foreclosure or deed-in-lieu of
foreclosure, the mortgagee sells the property for the best price
obtainable. The unpaid principal balance of the mortgage is
reduced by the purchase price in computing insurance benefits.
If the property is not sold within 6 months after acquisition,
the unpaid principal balance is reduced by the appraised value of
the property. HUD and the mortgagee share any loss arising out
of the mortgage transaction. The lender exposure will be 10% of
the actual loss subject to a "stop loss" of one percent of the
total face amount of coinsured loans originated by the lender in
same calendar year.

B. HUD maintains a Coinsurance Reserve Account for each mortgagee


by
calendar year. A percentage of the annual mortgage insurance
premium is credited, and the mortgagee's share of the loss is
debited, to this account.

C. Claims for insurance benefits under the coinsurance program may


be filed only by an approved coinsuring mortgagee (See 24 CFR
204.5). During the coinsurance period servicing functions must
be performed by an approved coinsuring mortgagee. An "approved
coinsuring mortgagee" is a mortgagee approved for participation
in HUD's mortgage insurance programs and meeting certain
special
requirements relating to the coinsurance program.

5-2 PERIOD OF COINSURANCE. A mortgage endorsed for coinsurance is


coinsured from the date of endorsement to the date the 60th monthly
amortization payment is made by the mortgagor. During this period
an
insurance claim must be filed as provided in this Chapter. After
the
mortgagor makes the 60th amortization payment, the mortgage becomes
fully insured and the coinsurance provisions of the insurance
contract
terminate. Mortgages in default would be handled as any other
fully
insured mortgage.

HUD may also agree, on request, to fully insure the mortgage on the
date of the 60th scheduled payment if the mortgagee provides
forbearance or recasting relief and payments are current under the
forbearance or recasting agreement.

If a coinsured mortgage is accepted by HUD for assignment, an


insurance claim is filed under the Assignment Claim procedures
(Chapter 3).

5-3TIME REQUIREMENTS. The mortgagee must comply with the following


time
requirements when submitting a claim during the coinsurance period.
Failure to comply will result in curtailment of interest to the date
the action should have been taken or to the date to which it was
extended by HUD (24 CFR 204.322(j)).

A.Foreclosure Initiation. Institute foreclosure proceedings or


other action to acquire the mortgaged property within one year
from the date of default, unless an extension of time is approved
in writing. (See paragraph 2-2A for more detailed information).

B.Notice to HUD. Provide written notice to HUD that foreclosure


has been instituted. The notice must be provided within 30
calendar days of the institution of foreclosure. This
requirement is satisfied only by submission of complete and
correct HUD Form 92068A, the monthly Single Family Default
Monitoring System (SFDMS) report.

C.Prosecuting Foreclosure. 24 CFR 204.302 requires the mortgagee


to "exercise reasonable diligence in prosecuting such proceedings
to completion." The provisions of paragraph 2-2 relating to
reasonable diligence in prosecuting foreclosure in conveyance
claims are applicable to coinsurance claims.

D.Notice of Acquisition. Submit the notice of acquisition of title


to the local HUD office within 15 calendar days of acquisition of
good and marketable title to the property. A copy of the notice
shall be included in the claim review file.

E.Sale of Property. Take possession of, repair and sell the


property for the best price obtainable within 6 months after date
of acquisition of marketable title. If the property is not sold,
notify the local HUD office at least 15 calendar days prior to
the expiration of the six-month period. A copy of the notice, if
applicable, shall be included in the audit file. The local HUD
office will provide an appraised amount that must be used when
the property has not been sold.

F.Submit Claim to HUD. Complete all Parts of Form HUD-27011 within


15 calendar days after the sale of the property, or within 15
calendar days of receipt of the notice of the appraised value for
properties not
sold within six months after the date of acquisition of
marketable title. The following distribution must be made:

1.Forward Parts A, B, the MIC (originals) and copies of Part


C, D and E to HUD Headquarters, no later than 15 days from
the date of sale or appraisal (Item 10).

2.Forward copies of Parts A and B and the original of Parts C,


D and E to the attention of the Single Family Loan
Management Branch in the local HUD office on the same day
the originals are forwarded to Headquarters.

3.Retain copies of Parts A, B, C, D and E in the claim review


file.

5-4EXTENSION OF TIME REQUIREMENTS. If the mortgagee cannot comply with


the above requirements for a particular action because of
circumstances beyond its control, it should submit a request for an
extension of time to the local HUD office. The request should be made
as soon as possible before the time limit for that action expires (See
paragraph 1-6). The time for filing a claim will not be extended.

5-5ACQUISITION OF TITLE. The mortgagee shall initiate and complete


foreclosure (or shall acquire title by voluntary conveyance) and
two-thirds of the costs will be included in insurance benefits as in
Conveyance Claims (Chapter 2) except that the title will not be
conveyed to the Secretary by the mortgagee nor by direct conveyance.

5-6PROTECTION AND PRESERVATION OF PROPERTY. The mortgagee shall


protect
and preserve the property, as provided in paragraph 2-11, from the
time it acquires title to date the property is sold by the mortgagee
or to six months after the date of acquisition, whichever first
occurs.

5-7REPAIRS TO THE PROPERTY. The mortgagee may make necessary repairs


prior to the sale of the property (or prior to the six month sale
limitation) but the repairs shall not exceed:

A.Repairs required by local law.

B.Repairs required to meet the objectives of the FHA Minimum


Property Standards.

C.Repairs specifically approved in advanced by HUD.

5-8 SALE OF THE PROPERTY. The mortgagee must sell the property (with
settlement completed) for the best price obtainable no later than six
months after the date it acquired title. Reasonable and customary
closing costs may be included in computing insurance benefits and
should be entered in Item 408 of Part E.

5-9 UNSOLD PROPERTIES. If the property is not expected to be sold


within
six months after acquisition of title, the mortgagee must notify the
local HUD office at least 15 days prior to the expiration of the six
month period. The field office will arrange for an independent
appraisal of the property. The appraised value reported to the
mortgagee will be used in lieu of the sale price for purposes of claim
settlement.

5-10 COSTS. Expenditures made by the mortgagee in acquiring,


protecting
and repairing the property will be entered in Parts C and D as in
conveyance claims. Items 405 through 408 of Part E will be used to
claim costs and reimbursements at the closing of the sale or on the
date of the appraisal notice if the property is not sold. Expenses
claimed in Parts C and D should not be entered in Part E. If the
claim settlement is based on appraised value rather than sales price,
there should be no entry in Item 408.

5-11 INTEREST. HUD will compute the amount of debenture interest and
mortgage interest to be paid to the mortgagee. The interest will be
computed on the unpaid principal balance of the mortgage. No interest
is paid on expenses or advances.

A.Debenture interest will be computed at the rate in effect on the


date of the Mortgage Insurance Certificate. It will be computed
from the date of default to the date the mortgagee acquires title
to the property.

B.Mortgage note interest will be computed from the date the


mortgagee acquires title to the property to the date the claim
for insurance benefits is processed for payment. If the property
is sold, mortgage note interest will be calculated on the full
unpaid principal balance from the date of acquisition of title
(Item 9) to the date of the sale (Item 10) and will be paid on
the unpaid principal balance minus the sale proceeds from the
date of the sale to claim settlement.

C.If the mortgagee fails to meet any of the time requirements


identified in paragraph 5-3, debenture interest will be computed
only to the date on which the action should have been taken or to
which it was extended in writing by HUD.

5-12 CLAIM PAYMENT.

A.Upon receipt of Parts A and B, Form HUD-27011, and the required


attachments in Headquarters, HUD will pay (subject to a reserve
account limitation described below) to the mortgagee the unpaid
principal
balance of the mortgage and amount determined by:

1.Adding the following items:

a.Allowable costs and advances.

b.Debenture interest on the unpaid principal balance from


the date of default to the date of acquisition of
marketable title.

c.Mortgage interest on the unpaid principal balance from


the date of acquisition of marketable title to the date
the claim is paid. (The unpaid principal balance is
reduced by the sale price when calculating interest
from the date of the sale to settlement).

d.Payments made by the mortgagor for allowable repairs,


preservation and maintenance.

e.Allowable sales expense.

f.Allowable overhead costs from the date of acquisition


of title to the date of disposition or appraisal of the
property.

2.Deducting the following items:

a.All amounts received by the mortgagee on account of the


mortgage after institution of foreclosure or
deed-in-lieu of foreclosure.

b.All amounts received by the mortgagee from any source


relating to the property on account of rent or other
income after deducting handling expenses.

c.All cash retained by the mortgagee for the account of


the mortgagor that have not been applied to reduction
of principal.

d.All amounts received by the mortgagee relating to the


sale of the property or the appraisal value of the
property.

B.HUD is responsible for 90% of approved claim and the coinsuring


mortgagee is responsible for 10%. HUD will pay 90% of the
calculated claim amount immediately upon approval of the claim.
Then HUD will check the appropriate reserve account to see if it
contains a sufficient cash balance to cover the originating
mortgagee's 10% share. If it does, HUD will transfer the funds
out of the reserve account and pay the mortgagee the remaining 10% of
the claim. If there is not sufficient cash in the reserve
account, HUD will disburse an amount equal to the reserve balance
only, if any. However, since the mortgagee's liability is
limited to one percent of the total amount of coinsurance loans
insured for each calendar year, if the reserve account has
already been charged with one percent of the total principal
balance of all loans for that year, HUD will pay the remaining
10% of the claim.

5-13 DOCUMENTS TO BE SUBMITTED.

It is very important that all required documentation be forwarded to


the appropriate locations in a timely manner. Failure to meet any of
the documentation requirements could jeopardize all or part of the
claim reimbursement. The various documentation requirements imposed
on the mortgagee are designed to provide critical control and
notification functions which enable HUD to expedite the payment of a
claim.

The following documents must be sent to HUD Headquarters or the local


HUD office within one of the following time requirements (whichever is
applicable): Within 15 days after the Sale of the Property; or Within
15 Calendar Days of the Receipt of the Notice of the Appraised Value
for Properties Not Sold Within 6 Months After the Date Marketable
Title Was Acquired:

A.TO HUD HEADQUARTERS

1.The original Parts A and B

2.The original Mortgage Insurance Certificate (MIC)

B.TO THE LOCAL HUD OFFICE, ATTN: SINGLE FAMILY LOAN MANAGEMENT
BRANCH

1.Copies of Parts A and B

2.The original Parts C, D and E

Note:A copy of Parts A, B, C, D and E and all supporting


documents must be retained in the audit file (See
paragraph 1-8).

The following Table (Table 5-1) illustrates the document


submission requirements for conveyance claims.

COINSURANCE CLAIM SUBMISSION REQUIREMENTS

********************************************************************
* GRAPHICS MATERIAL IN ORIGINAL DOCUMENT OMITTED
*

********************************************************************

5-14CLAIM PREPARATION - COINSURANCE. A coinsured mortgage becomes


fully
insured on the date the 60th monthly amortization payment is made by
the mortgagor. If it becomes necessary for the mortgagee to foreclose
upon a defaulted coinsured mortgage prior to becoming fully insured
and the mortgagee chooses to file a claim for insurance benefits, the
mortgagee must follow the requirements outlined in this chapter.
After the mortgagor has made the 60th monthly payment, the loan
becomes fully insured and the claim is filed as a conveyance or
assignment, as applicable (24 CFR 204.251(k),(l)). For further
reference, see Handbook 4205.1, Single Family Coinsurance Program.

The claim must be completed as described below using Form HUD-27011,


Single Family Application for Insurance Benefits. In order to avoid
delay in payment, the claim must be complete and accurate and contain
all information requested. Note paragraph 1-3 concerning
pre-screening of applications.

In many instances the instructions provided in Chapter 2, Conveyances,


apply equally in coinsurance cases. When this occurs the words "Same
As Conveyance" appear after the Item title and the conveyance
instructions for that item are repeated verbatim for convenience.
A.Instructions for the Completion of HUD Form 27011, Part A,
Initial Application. The following item by item instructions are
to be used when completing HUD Form 27011, Part A, for
coinsurance claims.

PART A

INITIAL APPLICATION

Item 1 Claim Type. Place an "X" in the space for Claim


Type 04 = Coinsurance unless the claim is
submitted as a fully insured Conveyance (01) or
Assignment (02).

Items 2
and 3 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and the
ADP code for the Section of the National Housing
Act under which the mortgage was insured. There
are five acceptable FHA case number formats which
are illustrated below, including the Section of
the Act (SOA) ADP codes. The format of each FHA
insured case number appears on the
Mortgage Insurance Certificate or the advanced
notice of S/F Annual MIP unless the case is
included in CHUMS, in which case, see "5" below.

(1) X X X - X X X X X X X X X
FHA Case No. SOA ADP
Code

(2) X X - X X X X X X X X
X
FHA Case No. SOA ADP
Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code (Same As Conveyance). Enter


the applicable code number from the default
reasons listed below. If code 15 is used, explain
the reason on the reverse of Part A under
"Mortgagee's Comments."
CODE REASON

01 =Death of a principal mortgagor

02 =Illness of a principal mortgagor

03 =Illness of mortgagor's
family
member

04 =Death of mortgagor's family


member

05 =Marital difficulties

06 =Curtailment of income
(Reduction of
income of a borrower)

07 =Excessive obligations -
Same
income, including habitual
non-payment of debts

08 =Abandonment of property

09 =Distant employment transfer

10 =Neighborhood problem

11 =Property problem

12 =Inability to sell property

13 =Inability to rent property

14 =Military service

15 =Other

Item 5 Endorsement Date (Same as Conveyance). Enter the


endorsement date that appears on the Mortgage
Insurance Certificate.

Item 6 Date Form Prepared. Enter the date this form is


completed and submitted to HUD. To avoid
debenture interest curtailment, Part A must be
submitted within 15 days of the date of sale
closing or receipt of the appraisal if the
property is not sold.

Item 7 Due Date of First Payment to Principal and


Interest (Same as Conveyance). Enter the date the
first payment to Principal and Interest is due.
Obtain this date from the mortgage note.
Item 8 Due Date of Last Complete Installment Paid (Same
as Conveyance). Enter the date the last complete
installment paid was due, not the date it was
paid. This item should be taken from the payment
ledger. If no payments have been made, enter the
date in Item 7 (Due Date of the First Payment to
Principal and Interest).

Note that the date in this item will always be


the
first of the month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Enter the date of acquisition of good and
marketable title to the property.

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Enter the date of sale
closing or the date of receipt of notice of the
appraised value. If the date exceeds 6 months
from the date in Item 9, an extension should be
obtained from the local HUD office and entered
into Item 20.

Item 11 Date Foreclosure Proceedings (a) Instituted or (b)


Date of Deed In Lieu (Same As Conveyance). Check
the appropriate box and enter the date of the
first public action taken which was required by
law to initiate foreclosure (e.g., filing a
complaint or petition, recording a notice of
default, or publication of a notice of sale) or
the date the deed-in-lieu was recorded, whichever
is applicable. If foreclosure was instituted and
a deed-in-lieu was then obtained, check both
blocks and enter both dates. If the foreclosure
action was nullified under state law by the filing
of a bankruptcy petition, enter the date on which
the foreclosure action was re-instituted.

Item 12 Holding Mortgagee Number (Payee) (Same as


Conveyance). Enter the complete 10-digit
mortgagee number of the holding mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number (Same as Conveyance).


Enter the complete 10-digit mortgagee number of
the servicing mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data is mailed. Information will be mailed only
to the holding mortgagee if this item is not
completed.

Item 14 Mortgagee Reference Number (Same as Conveyance).


Enter the loan number (maximum 15 digits) used by
the mortgagee for identifying the case if any.
This number will be printed on the benefits check.
If the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount (Same as Conveyance).


Enter the original mortgage amount. This figure
should be taken from the mortgage note. If there
has been a recast of the mortgage, make a notation
of the recasting on the reverse side of Part A
under "Mortgagee's Comments" and make reference to
24 CFR 203.342.

Item 16 Holding Mortgagee EIN (Same as Conveyance). Not


applicable.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance) (Same as Conveyance). Enter the
unpaid mortgage balance after crediting the last
complete monthly installment paid. This figure is
taken from the mortgagee's payment ledger.
Partial payments insufficient to complete a full
monthly installment are to be reported in Part B,
Item 109 as escrow funds.

Item 18 Date of Firm Commitment. Not applicable.

Item 19 Expiration Date of Extension of Foreclose/Assign


(Same As Conveyance). If an extension of time is
requested by the mortgagee and granted by the
local HUD office, enter the expiration date of
that extension. The extension must be in writing.
See paragraph 1-6.

If bankruptcy is involved or if state or local


laws delay action, the mortgagee need not obtain
approval to extend the date to begin foreclosure,
enter the date 60 days after the date of the
release of bankruptcy, unless an additional
extension period is approved by the local HUD
office. The latest extension date must always
entered. This 60 day extension is only applicable
when the bankruptcy precluded initiation of
foreclosure within the timeframe. See paragraph
2-16.

Item 20 Date of Notice/Extension to Convey. Enter the


date of the extension of time for closing or for
requesting appraisal, if applicable.

Item 21 Date of Release of Bankruptcy. If Applicable


tem 21 Date of Release of Bankruptcy, If Applicable
(Same as Conveyance). Enter the date the
bankruptcy stay or the local law prohibition was
released. Note: When there is more than one
bankruptcy, and the mortgagee is entitled to a 60
day extension to begin foreclosure, enter the
release date which applies to the extension.

Item 22 Is Property Vacant? Yes or No - Not applicable.

Item 23 If Item 22 is "No," Date of Local HUD Office


Approval - Not applicable.

Item 24 Is Property Conveyed Damaged? Yes or No - Not


applicable.

Item 25 If Item 24 is "Yes," Date of (a) Local HUD Office


Approval (Pursuant to 203.379(a)) or (b)
Certification (pursuant to 203.379(b)) - Not
applicable.

Item 26 Type of Damage - Not applicable.

Item 27 Recovery or Estimate of Damage - Not applicable.

Item 28 Is Mortgagee Successful Bidder? Yes or No - Not


applicable.

Item 29 Deficiency Judgment Code. Not applicable.

Item 30 Authorized Bid Amount. - Not applicable.

Item 31 Mortgagee Reported Curtailment Date (Same


as Conveyance. If the mortgagee failed to
comply with a time requirement for any of
the following circumstances a) reasonable
diligence, b) notice of foreclosure, or
c) failure to initiate foreclosure within
one year of default and subsequent
payments advance the default date, enter
the date the action should have been
taken. If there was more than one
failure, enter the earliest date on which
a required action should have been taken.

Item 32 Schedule of Tax Information. Not applicable.

Item 33 Mortgagor's Name, Social Security Number


and Property Address (Same as
Conveyance). - Enter the name of the
mortgagor in default as it appears on the
ledger record. Enter the property
address as it appears on the security
instrument or the mortgage insurance
certificate.

Enter the social security numbers of all


mortgagors, if known. At least one
social security number is required. See
paragraph 1-8 for additional information.

Item 34 Brief Legal Description of Property (Same


as Conveyance). Enter a brief
description of the property. This
information is found on the mortgage
which should agree with the deed to HUD.

Item 35 Name and Address of Mortgagee (Same as


Conveyance). Enter the name and address
of the mortgagee, including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer


(Same as Conveyance). Enter the name and
address of the mortgagee's servicer, including the ZIP
code, if applicable. Include the name and
telephone number of a contact person who can
answer questions about the claims.

Items 37
and 38 Mortgagee Official Signature, Date and Title, and
Servicer Signature, Date and Title (Same as
Conveyance). The claim must be signed and dated
by an official of the holding mortgagee if the
holding mortgagee is filing the claim. If a
servicer is filing the claim on behalf of the
mortgagee, an official of the servicer must sign
and date the form. The application must be
complete when signed and the actual date signed
must be entered by the signing official. The
application will be returned if it is not signed
or if it contains a stamped or duplicated
signature.

* Note to
signing
official: Please be sure you have read and understand the
certifications on the HUD Form-27011 before
signing and dating. If your system prints the
date in items 37 and 38, check to ensure this is
the date you are signing the form. Also check the
submission date in item 6 to ensure it does not
reflect an earlier date. The date in item 6
should be the same date as item 37 or item 38. *

Item 39 Amount of Monthly Payment to: (a) FHA insurance,


(b) Taxes, (c) Hazard Insurance and (d) Interest
and Principal. Not applicable to coinsurance
claims.

Item 40 If Bankruptcy Filed, Enter Date (Same as


Conveyance). Enter the date of the last
bankruptcy action. This is required if Item 21 is
completed.
Note: If foreclosure is not commenced within one
year from the date of default because of
bankruptcy, the mortgagee is granted an extension
of sixty days after release of bankruptcy to
initiate foreclosure.

Item 41 If Conveyed/Assigned Damaged, Date Damage


Occurred. Not applicable.

Item 42 Date HIP Canceled or Refused, if Applicable. Not


applicable.

Item 43 Number of Living Units. Not applicable.

Item 44 Status of Living Units. Not applicable.

Mortgagee's Comments, if Any. Use this area to justify unusual


circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following item-by-item instructions are to be used
when completing HUD Form 27011, Part B, for coinsurance claims.
Prepare this Part after Parts C, D and E have been completed.
The information entered in this Part is transferred from Parts C,
D and E.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address. (Same as


Conveyance) Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 101
and 102 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 103 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's Reference Number as it
appears in Item 14 of Part A.

Item 104 Date Form Prepared (Same as Conveyance). Enter


the date Part B is prepared and submitted to HUD.

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Not applicable.

Item 106 Check if Supplemental. Not applicable.


Item 107 Adjustment to Loan Balance (if different from
block 17 on Part A). Not applicable.

Item 108 Sale/Bid Price or Appraisal Value. Enter the


sales price or the appraised value of the
property, as applicable.

Item 109 Escrow Balance (as of Date in Block 10, Part A).
Enter the amount remaining in the escrow account
as of the date of closing or appraisal notice,
partial payments, hazard insurance premium
refunds, escrows for on-site repairs, buydown
money, etc. Do not enter a negative balance.

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C (Same as
Conveyance). Enter the total amount of
disbursements appearing in Part C, Item 264. Note
on the reverse side of this Part any authorization
obtained from the local HUD office for approvals
to exceed allowable amounts.

Item 111 Total Disbursements from line 305, Part D. Enter


the total amount appearing in Part D, Item 306.

Item 112 Attorney/Trustee Fees Paid From Line 306, Part D.


Enter the total amount appearing in Part D, Item
306. HUD WILL CALCULATE THE TWO-THIRDS ALLOWANCE.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D. Enter the total
amount appearing in Part D, Item 307. HUD WILL
CALCULATE THE TWO-THIRDS ALLOWANCE.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D. Enter the amount of bankruptcy fees appearing
in Part D, Item 310. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE.

Item 115 Rental Income (Same as Conveyance). Enter any


income from the rent of the property between the
date foreclosure proceedings were instituted (or
property otherwise acquired) and the date of
closing.

Item 116 Rental Expense (Same as Conveyance). Enter


rental
expenses incurred, if any. If there is no entry
in Item 115, make no entry in this item.

Item 117 Total Taxes on Deed from Line 308, Part D (Same
as
Conveyance). Enter the total amount paid and
shown in Item 308, Part D.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. If insurance
recovery has been received and all funds have not
been expended, enter the amount of remaining
funds.

Item 119 Estimate or Recovery from Part A. Not


applicable.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 309, Part D. Not applicable.

Item 121 Mortgage Note Interest. Mortgage note interest


from the date of acquisition of title to the date
of settlement will be computed by HUD. It should
not be claimed on this line. An entry should be
made on line 121 only if a mortgagor fails to meet
the requirements of a special forbearance
agreement and the failure continues for at least
60 calendar days. See Paragraph 2-18.
From. Enter the date of the last completely paid
installment after all funds received under the
agreement are applied according to the terms of
the mortgage (Item 8, part A). If no mortgage
payments were made, enter a date 30 days prior to
the due date of the first scheduled payment (Item
7, Part A).

To. Enter the earliest of the following dates:

1.the date of institution of foreclosure


proceedings;

2.the date of acquisition of title and


possession by deed-in-lieu of foreclosure;

3.90 calendar days following the date the


mortgagor fails to meet the requirement of
the forbearance agreement; or

4.such other date as the local HUD office


may
approve in writing prior to expiration of the
90 calendar day period (24 CFR 203.402a).

Rate. Enter the mortgage interest rate as it


appears on the mortgage note.

Compute the amount of mortgage interest due as


instructed in Paragraph 2-19 and enter in Column
C.

Coinsurer are also entitled to mortgage interest


on the unpaid principal balance from the date of
acquisition of title to the date of the insurance
benefits payment (203.322(k)) but the coinsurer
should not enter this amount. HUD will calculate
the mortgage interest on the principal balance.
Item 122 Mortgage Insurance Premiums (Same as Conveyance).
Enter total from Item 311, Part D.

Item 123 Unapplied Section 235 Assistance Payments. Not


applicable.

Item 124 Overpaid Section 235 Assistance Payments.

Not applicable.

Item 125 Overhead Costs. Enter the amount paid for


overhead costs from Item 405, Part E.

Item 126 Uncollected Interest (Approved Forbearance


Agreements Only). Not applicable.

Item 127 Amount Due from Buyer in Column A Closing or at


Appraisal Notice Date. Enter the amount due from
buyer, or would be due from buyer, if the property
was sold, from Item 406, Part E.

Item 128 Amount Owed to Buyer in Column B Closing or at


Appraisal Notice Date. Enter the amount due to
the buyer, or would be due to the buyer, if the
property was sold, from Item 407, Part E.

Item 129 Additional Closing Costs. Enter additional


expenses incurred at closing from Item 408, Part
E.

Item 130 Appraisal Fee. Not applicable.

Item 131 Deficiency Judgment Costs/Fees. Not applicable.

Item 132 Reserved.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number (Same as Conveyance). Enter the
name and telephone number of a person in the
holding or servicing mortgagee's office who can
answer questions concerning the information
reported on this claim form. Include the Holding
Mortgagee number which you entered in Item 12 of
Part A. Reserved.

Items 134
and 136 Enter the totals of Columns A - Deductions; B -
Additions; and C - Interest.

Item 137 Net Claim Amount (Columns B - A + C). The amount


HUD actually pays will differ from what the
mortgagee enters here because of possible
curtailments, disallowed expenses, HUD's
calculation of two-thirds allowances on
attorney/trustee fees, foreclosure costs and
bankruptcy fees, and additional debenture interest
calculated by HUD to the date of claim settlement.

Items 138
and 139 Mortgagee's Official Signature, Date and Title
(signature not necessary if signed by a servicer)
and Servicer Signature, Date, and Title. A
signature must appear in at least one of these
blocks, however, it is acceptable if both the
mortgagee and the service wish to sign this form.

PART C

SUPPORT DOCUMENT

The general instructions for the preparation of


Part C in conveyance claims are applicable in
coinsurance claims except that the property is not
conveyed to the Secretary and debenture interest
is not paid on expenses. The mortgagee must enter
the Date Paid, the Description, Amount Paid and
the Total but no entry should be made in the
Debenture Interest Columns. Disbursement should
include payments from the last completely paid
installment to the date of closing or appraisal.

Item 200 Mortgagor's Name and Property Address (Same As


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Item 201
and 202 FHA Case Number and Section of Act Code
(Same As Conveyance). Enter the FHA case number

and Section of the Act Code as they appear in


Items 2 and 3 of Part A.

Item 203 Mortgagee's Reference Number (Same As


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 204 Date (Same as Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the actions should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5c).

Item 205 Debenture Interest Rate. Make no entry.

Item 206
through
Item 261 Disbursements for Protection and Preservation.
Enter all inspection, protection and preservation
expenses for which the mortgagee is not
responsible. This includes debris removal,
replacing broken glass, protecting plumbing and
other operating systems against damage by
freezing, care of lawns and shrubs, repair of
leaking roof, etc. Describe the service
performed, the date it was completed and the date
paid. See paragraph 2-10 and 2-11 for the nature
of reimbursable expenditures and cost limits.
Enter expenses paid to board up the property if
the field office gave prior approval.

Enter the date of each inspection and indicate


whether it is an Initial, Occupancy or Vacancy
inspection. See paragraph 2-11. A copy of an
inspection report must be maintained by the
mortgagee for each inspection itemized.

Date Paid - A separate entry must be made


for
each payment. Enter the date the check was
disbursed. If an expenditure or advancement
was made prior to the date of default, enter
the date of default and enter the actual date
paid in parentheses following the description
(See Paragraph 1-7c).

Date Work Completed - If date is not


available on the invoice, obtain this date
from vendor or contractor. This is not
necessarily the date of billing, but the
actual date the work was completed.

Description of Service Performed - Enter


a
description of the items or types of repairs
and services performed, i.e., inspections.
Additional space is provided on reverse of
form.

Amount Paid - Actual payment amounts are


to
be entered. This information will be
transferred to Part B, Fiscal Data.

Debenture Interest - Make no entry. HUD


WILL
CALCULATE THE DEBENTURE INTEREST.
Item 262 Subtotals (Same As Conveyance). If reverse side
of form is used to list protection and
preservation costs, add amount paid and debenture
interest columns.

Item 263 Subtotals Brought Forward (Same As Conveyance).


If reverse side of form is used, bring subtotals
appearing in Item 262 to this line.

Item 264 Totals. Total the "amount paid" and "debenture


interest" column. Enter the total on Part B, Item
110, Column C when completing Part B, Fiscal Data.

Item 265
and 266 Contact: Holding Mortgagee, Name and
Telephone Number; or Contact: Servicing
Mortgagee, Name and Telephone Number

(Same as Conveyance). Enter the name and


telephone number of a person in the holding or
servicing mortgagee's office who can answer
questions concerning the information reported on
this claim form. Include the Holding Mortgagee
number which you entered in Item 12 of Part A.

Item 267
and 268 Mortgagee Official Signature, Date and Title
(not necessary if signed by servicer) or
Servicer Signature, Date and Title (Same As
Conveyance). A signature must appear in at least
one of these blocks, however, it is acceptable if
both the mortgagee and the servicer wish to sign
this form.

Mortgagee's Comments, if any - HUD USE ONLY.

D.Instructions for the completion of HUD Form 27011, Part D,


Support Document (Continuation 1). The general instructions for
the preparation of Part D in conveyance claims are applicable in
coinsurance claims except that the property is not conveyed to
the Secretary and debenture interest is not paid on expenses.
The mortgagee must enter the Date Paid, the Description, Amount
Paid and the Total but no entry should be made in the Debenture
Interest Column. Disbursements should include payments from the
last completely paid installment to the date of closing or
appraisal.

PART D

SUPPORT DOCUMENT (CONTINUATION 1)

Items 300
and 301 FHA Case Number and Section of Act Code (Same As
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.
Item 302 Mortgagee's Reference Number (Same As
Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 303 Debenture Interest Rate. Make no entry.

Item 304 Date (Same As Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5c).

Item 305 Disbursement for HIP, Taxes, Ground Rents and


Water Rates (which were liens prior to mortgage),
Eviction Costs and Other Disbursements Not Shown
Elsewhere. (Do not include any penalties for late
payment). Itemize all disbursements in these
categories, including for each item the date paid,
the period covered, the description, and the
amount paid. Do not include disbursements which
were paid from available escrow funds. No expense
should be incurred after the date of sale or
appraisal notice date.

Item 306 Attorney/Trustee Fee. Itemize the fees paid to


attorneys and trustees in connection with
foreclosure or acquisition of title in the name of
the coinsurer. Do not enter fees for bankruptcy
or eviction in this item. If the fee for
acquisition and conveyance is within the amount
HUD approved for the area, do not itemize the
elements of the fee. If attorney fees exceed
those approved by HUD for routine foreclosures,
see paragraph 1-10. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE.

Item 307 Foreclosure and/or Acquisition, Conveyance and


Other Costs. Enter all disbursements required to
vest title to and possession of the property in
the name of the coinsurer. These costs must be itemized. If
additional space is needed, attach a separate
sheet to Part D. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE.

Item 308 Taxes on Deed. Enter amounts paid for taxes


imposed upon any deeds or other instruments by
which the property was acquired by the coinsurer.
(Note: Deed taxes should not be included in Item
307).

Item 309 Special Assessments (Do not use for Coinsurance,


see Part E). Not applicable. Use items 406 or
407 for special assessments.

Item 310 Bankruptcy. Itemize the bankruptcy fees paid.


There must be an entry in Item 40. If the
bankruptcy fees exceed those approved by HUD for
routine bankruptcies, see paragraph 1-10. HUD
WILL CALCULATE THE TWO-THIRDS ALLOWANCE.

Item 311 Mortgage Insurance Premiums. Itemize all MIP


disbursements, including the period covered. Only
include the "advanced" MIP disbursements paid
after the due date of the last completely paid
installment to the date of closing or appraisal
notice.

E.Instructions for the Completion of HUD Form 27011, Part E Support


Document (Continuation 2). The following item by item
instructions are to be used when completing HUD Form 27011, Part
E for coinsurance claims.

PART E

SUPPORT DOCUMENT (Continuation 2)

Items 400
and 401 FHA Case Number and Section of Act code (Same As
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 402 Mortgagee's Reference Number (Same As


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 403 Debenture Interest Rate. Not applicable.

Item 404 Date (Same As Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5C).
Item 405 Overhead Costs. The coinsurance regulations
authorize payment to the mortgagee of an amount to
compensate for overhead costs not to exceed $40
plus $15 per month, or a part thereof, from the
date of acquisition of title to the date of
disposition or appraisal of the property,
whichever first occurs.

One Time Charge. ______ Enter an overhead


charge not to exceed $40.

Number of Months. _____ Enter the number


of
months from the date of acquisition of title
to the date of sale or appraisal notice date,
whichever occurs first, rounded upward to the
nearest full month.

Amount $. ______ Enter the monthly charge


not
to exceed $15. Multiply the monthly charge
by the number of months and enter the result
in the space provided.
Total. ______ Add the one-time charge and
the
total monthly charges and enter the sum.

Item 406 Amounts Due from Buyer at Closing or at Appraisal


Notice Date. Enter in the appropriate spaces
amounts due from the buyer at closing for taxes,
water and special assessments. If the property is
not sold, enter the amounts that would be due from
a buyer at the appraisal notice date. Do not
include any special assessments which become liens
before the mortgage was endorsed for insurance if
not noted in the applicable for insurance.

Item 407 Amounts Due to Buyer at Closing or at Appraisal


Notice Date. Enter in the appropriate spaces
amounts owed to the buyer at closing for taxes,
water and special assessments, or if the property
is not sold, the amounts that would be owed to a
buyer at the appraisal notice date. Do not
include any special assessments which became liens
before the mortgage was endorsed for insurance, if
not noted in the application for insurance.

Item 408 Additional Closing Costs at Settlement. Enter


additional expenses, if any, in the spaces
provided. Do not include any amounts already
entered in Part C.

Item 409 Appraisal Fee. Not applicable.

Item 410 Deficiency Judgment Costs/Fees. Not applicable.


Items 411
and 412 Reserved.
CHAPTER 6: CLAIMS WITHOUT CONVEYANCE OF TITLE (CWCOT)

_______________________________________________________________________
____

6-1 GENERAL.

A. Under the Claims Without Conveyance of Title (CWCOT) program


the
mortgagee does not convey the property to HUD in exchange for
insurance benefits (Section 204 of the National Housing Act, 12
USC 1710). The mortgagee bids not more than the Commissioner's
Adjusted Fair Market Value (CAFMV) at the foreclosure sale. If
a
third party is the successful bidder the claim is filed as
provided in this chapter. (24 CFR 203.368) If the mortgagee
is
the successful bidder and elects to convey the property to HUD
the claim must be filed as a conveyance (See Chapter 2).

B. The CWCOT procedure is used only in those cases in which the


HUD
field office directed or authorized the mortgagee to seek a
deficiency judgment against the mortgagor.

6-2 COMMISSIONER'S ADJUSTED FAIR MARKET VALUE (CAFMV)

A. The Commissioner's Adjusted Fair Market Value (CAFMV) is the


estimate of the fair market value of the mortgaged property,
less
adjustments, which may include without limitation, HUD's
estimate
of holding costs and resale costs that would be incurred if
title
to the mortgaged property is conveyed to HUD.

B. Generally the mortgagee should not bid more than the CAFMV at
the
foreclosure sale because that is the net value of the property
to
HUD. The effect of bidding an amount equal to, in excess of or
less than the CAFMV is discussed in paragraph 6-5.

6-3 OBTAINING THE CAFMV

A.The mortgagee must take the following action to obtain the CAFMV:

1.Estimate the foreclosure sale date.

2.Call the Valuation Branch, Assignment Clerk, in the local


HUD Office which has jurisdiction over the property to
obtain the name of a fee appraiser or HUD staff person, if
available, to perform the appraisal.

3.Prepare the Form HUD-91022, Mortgagee Notice of Foreclosure


Sale, Part A (see Appendix 12), Insert in Part A, Block 14
of the Form HUD-91022:

a.the name of the appraiser which was assigned from the


panel of HUD fee appraisers or,

b."HUD Staff," if HUD staff is performing the appraisal.

NOTE:If State or local law or practice requires that a


pre-foreclosure appraisal must be made by an
independent appraiser (such as one employed by the
Sheriff's Office), the mortgagee shall submit that
appraisal, if it is obtainable, with the HUD-91022 in
lieu of requesting the HUD fee appraiser.

4.Deliver the HUD-91022 to the local HUD Office Single Family


(SF) Loan Management Branch 45 days prior to the estimated
foreclosure sale date and label the envelope
"CWCOT/Deficiency Judgment/Foreclosure Sale".

5.Confirm the actual date of the foreclosure sale by


furnishing a copy of the legal Notice of Sale or other
notification of the actual foreclosure sale date to the
local HUD Office, SF Loan Management Branch, on or before
the date of publication, posting, or other standard legal
notice. Insert at the top of this notice:

a."Deficiency Judgment Case",

b.the Mortgagee Loan Number,

c.the FHA Case Number, and

d.the Mortgagor's Name.

B.On the same day that the mortgagee submits the HUD-91022 to HUD,
the mortgagee must:

1.Forward a completed Application for Property Appraisal and


Commitment, Form HUD-92800, package including a Uniform
Residential Appraisal Report (URAR) to the appraiser or to
the HUD Valuation Branch if a HUD staff person is to perform
the appraisal (URAR not required for HUD staff), and

2.Label the top of the HUD-92800, "PROPERTY IN


FORECLOSURE/DEFICIENCY JUDGMENT". (This will serve as a
"flag" to the appraiser as well as the local HUD Office
regarding the disposition of the appraisal report.)

NOTE:The assigned fee appraiser will follow the outstanding


instructions which require that within five (5) working
days of receipt of the request that the appraiser must
send:

a.The completed report to the local HUD Office,


Valuation Branch, and
b.A copy of the report to the mortgagee.

C.If the mortgagee discovers, through receipt of the actual Notice


of Sale, or other standard legal notice of the foreclosure sale,
that they have not sent the HUD-91022, the mortgagee must
immediately send a packaged marked "URGENT" containing the
HUD-91022 and the Notice of Sale (with the sale date highlighted)
to the HUD Office Loan Management Branch.

Example:The mortgagee estimated 45 days prior to a foreclosure


sale date of July 15 and intends to submit the
HUD-91022 on or a few days before June 1.

On May 20, the mortgagee receives the actual Notice of


Sale or other notification of the foreclosure sale date
set for June 21.

The mortgagee must submit immediately the HUD-91022


marked "URGENT" and the Notice of Sale or other
notification on or before the date of the publication,
posting, etc. of the June 21 foreclosure sale date.

D.The SF Loan Management Branch will provide the CAFMV to the


mortgagee when notified of the actual foreclosure sale date.

If the CAFMV has not been received by the mortgagee at least five
(5) working days prior to the foreclosure sale, the mortgagee
shall contact the local HUD Office Loan Management Branch to
ascertain the reason for the delay in receipt of the CAFMV. If a
mortgagee incurs repeated unsuccessful attempts to contact the
local HUD Office to obtain the bid amount, it should proceed with
the sale and bid as it chooses, but clearly document such
circumstances for HUD monitoring purposes.

6-4 POSTPONED SALES AND REINSTATEMENT

A.Postponed Sales. If the foreclosure sale is postponed, the


appraisal and the CAFMV continue in effect for four months from
the date of the appraisal. During this period, the mortgagee
must notify immediately the HUD SF Loan Management Branch if its
inspection of a vacant property indicates any damage to the
property. The SF Loan Management Branch will advise the
mortgagee accordingly. (Refer to paragraph 6-9 below regarding
damaged properties.)

If the sale is postponed and the newly scheduled foreclosure sale


date is set for more than four months from the date of the
appraisal, the mortgagee must contact HUD to obtain an appraiser
to update the appraisal and receive an updated CAFMV. The
mortgagee must follow the same time requirements used to get the
first appraisal and add to the top of the HUD-92800 that is an
"UPDATED APPRAISAL, PROPERTY IN FORECLOSURE/DEFICIENCY JUDGMENT."

B.Reinstatement. If the mortgagor reinstates the mortgage after


foreclosure has been instituted, the mortgagee must:

1.Advise the local HUD office, SF Loan Management Branch, by


telephone and follow up with a letter marked to the
attention of the SF Loan Management Branch/CWCOT/Deficiency
Judgment and include the FHA case number, verifying such
action.

2.Contact the fee appraiser to cancel the appraisal, or if HUD


staff was assigned, the SF Loan Management Branch.

3.Pass on the cost for the appraisal to the mortgagor as part


of the foreclosure expenses, as set out in 24 CFR
203.552(a)(9).

6-5BIDDING AND ACQUISITION OF TITLE AT FORECLOSURE SALE. At the


foreclosure sale, either the mortgagee or a third party will be the
successful bidder. Also, the mortgagor or a third party may redeem
the property.

A.If the Mortgagee is the Successful Bidder:

1.Where the mortgagee is the successful bidder for an amount


equal to the CAFMV, the mortgagee may elect to either retain
title to the property, or convey the title to the property
to HUD.

a.When the mortgagee retains title, it must file its


claim for insurance benefits as provided in this
chapter.

b.When the mortgagee conveys title to the property to


HUD, the mortgagee must file its claim for insurance
benefits as a conveyance claim (Chapter 2).

2.Where the mortgagee is the successful bidder for an amount


in excess of the CAFMV, the mortgagee may not convey title
to the property to HUD. The mortgagee is limited to filing
a claim for the insurance benefits computed as provided in
this chapter. The amount of the bid will be deducted from
the principal balance of the mortgage when the claim is
computed.

NOTE: a. There may be special circumstances, such


as
when the mortgagee may be required under
State law to bid in excess of the CAFMV,
which will justify a mortgagee's bid in
excess of the CAFMV. Under such
circumstances, the mortgagee must call the
HUD Single Family Loan Management Branch
immediately after but no later than five days
after the foreclosure sale, to obtain
approval to convey title to the property to
HUD. The SF Loan Management Branch shall
confirm such approval in writing. The
Department will waive the bidding requirement
of the CAFMV and allow the mortgagee to
convey title to the property to HUD and file
a claim for the insurance benefits. The
mortgagee must indicate that it received the
Field Office approval and provide the date of
the approval letter in the "Mortgagee's
Comments Section" on the Claim for Insurance
Benefits, Form HUD-27011. A copy of the
Field Office approval letter must be
maintained in the mortgagee's Audit File.

b.If the mortgagee bids an amount in


excess of
the CAFMV, and is subsequently penalized for
such action, this does not excuse the
mortgagee from its duty to assign to HUD any
deficiency judgment obtained.

3.Where the mortgagee is the successful bidder for an amount


which is less than the CAFMV, the mortgagee must convey
title to the property to HUD. If the mortgagee retains
title to the property, the mortgagee may not file a claim.

If the mortgagee elects to convey title to HUD, the


mortgagee must file its claim for insurance benefits as a
conveyance claim (Chapter 2).

4.If the mortgagee retains title to the property HUD will not
pay for any of the following costs incurred by the
mortgagee:

a.Costs to maintain the property after the foreclosure


sale,

b.Eviction costs, or

c.Costs to sell the property.

B.If a Third Party is the Successful Bidder:

1.Where a third party is the successful bidder at the


foreclosure sale for an amount equal to or greater than the
CAFMV, the mortgagee must submit its claim for insurance
benefits as provided in this chapter. When the claim is
calculated, the proceeds of the sale shall be deducted from
the principal balance of the mortgage which was unpaid on
the date of the foreclosure proceedings.

2.Where a third party is the successful bidder at the


foreclosure sale for an amount which is less than the CAFMV,
the mortgagee may not file a claim.

3.In the event of a third party purchase, HUD will not


reimburse the mortgagee for eviction costs or expenses
incurred to preserve and protect the property after the
foreclosure sale.

C.If the Mortgagor or a Third Party Redeems the Property:

Where the mortgagor or a third party redeems the property and


acquires title for an amount not less than the CAFMV, the
mortgagee must submit its claim as provided in this chapter. The
redemption amount will be deducted from the principal balance of
the mortgage when the claim is calculated.

6-6TIME REQUIREMENTS. The mortgagee must comply with the following


time
requirements when submitting a claim without conveyance of title.
Failure to comply will result in curtailment of debenture interest to
the date the action should have been taken or to the date to which it
was extended by HUD (24 CFR 203.402(k)(2)).

A.Institute foreclosure proceedings or other action to acquire the


mortgaged property within nine months from the date of default,
unless an extension of time is approved in writing.

B.Provide written notice to HUD that foreclosure has been


instituted. The notice must be provided within 30 calendar days
of the institution of foreclosure. This requirement is satisfied
by reporting to HUD's Single Family Default Monitoring System.

C.Exercise reasonable diligence in prosecuting the foreclosure


proceedings to completion (See paragraph 2-2).

D.File the claim within 30 days of:

1.the date the mortgagee acquired good marketable title; or

2.the date another (third) party acquired good marketable


title; or

3.the date the mortgagor or other party redeemed the property;


or

4.the date the redemption period expires; or

5.whatever date the Commissioner requires (24 CFR


203.368(i)(5)(iv)).

E.HUD Headquarters must receive the claim form (HUD-27011, Parts A


and B) within 10 days of the date the form was prepared. The
claim is not considered to have been received unless all required
information has been provided and all attachments are received.

6-7EXTENSION OF TIME REQUIREMENTS. If the mortgagee cannot comply with


the above requirements for Items A and D because of circumstances
beyond its control, it should submit a request for an extension of
time to the local HUD office. The request should be made as soon as
possible before the time limit for that action expires (See paragraph
2-14).

6-8 DEFICIENCY JUDGMENT FEES AND COSTS.

A.Full Reimbursement. Fees and costs are reimbursable only when


HUD requested or required the deficiency judgment action or when
HUD has approved the mortgagee's request to pursue the judgment.
If HUD has requested the mortgagee to seek a deficiency judgment
the deficiency judgment costs are 100 percent reimbursable. They
should be entered in Item 410 of Part E and must be described in
detail.

Allowable costs and fees are as follow:

1.Attorney fees which relate only to the deficiency judgment.

2.Additional filing or recording fees which relate only to the


deficiency judgment.

3.Costs related to a judicial foreclosure if local law


requires a judicial foreclosure in order to obtain a
deficiency judgment and the foreclosure would otherwise be
by power of sale.

B.Partial Reimbursement. Nonjudicial foreclosure costs and


judicial foreclosure costs not required by the deficiency
judgment request should be shown in Item 306 and 307 of Part B,
and are subject to 2/3 limitation in reimbursement. Attorney
fees entered in Item 306 are also subject to the same
jurisdictional limitation as cases not involving a deficiency
judgment. Only foreclosure costs which are subject to full
reimbursement, and costs related to the deficiency judgment
should be shown in Item 410 of Part E.

6-9DAMAGED PROPERTY. A claim without conveyance title may not be filed


if the property is damaged. A conveyance claim must be filed for
damaged property.

6-10HAZARD INSURANCE. There will be no reimbursement from HUD for any


hazard insurance premiums allocated to the period after acquisition of
title by the mortgagee or a third party.

6-11TITLE REQUIREMENT. Since the property is not conveyed to the


Secretary, title evidence procedures are not applicable.

6-12SPECIAL FORBEARANCE. If a claim for insurance benefits is filed


pursuant to a default under a special forbearance agreement entered
into between the mortgagee and the mortgagor, the debenture or cash
payment will include all unpaid mortgage interest (see paragraph
2-20).

6-13CLAIM PAYMENT. All claims for insurance benefits eligible to be


paid
in cash will be settled in that manner. HUD will promptly pay in one
lump sum, 100 percent of the unpaid principal balance, less the sale,
bid or redemption price, plus allowable costs and debenture interest,
upon receipt of Parts A and B provided the claim has been properly
completed, meets time requirements and does not contain exceptional
costs.

6-14DEBENTURE INTEREST ALLOWANCE. The issue date of debentures, or the


beginning date for computation of the debenture interest allowance if
settlement of the claim is made in cash, will be the date of default
as such term is defined in 24 CFR 203.331, provided the insurance
settlement does not include unpaid mortgage interest resulting from a
default under a special forbearance agreement.

When the claim is settled in cash, the cash payment will include an
amount equivalent to the interest the debentures would earn, if they
were issued, at the debenture rate.

Debenture interest will be paid on the unpaid principal balance from


the date of default to the date the mortgagee or third party bidder
obtains title or the date the mortgagor redeems the property.

Interest continues on the difference between the unpaid principal


balance and the greater of either the CAFMV, redemption amount or the
third party bid, to the date of final payment of the claim.

Further debenture interest is paid on expenses from the date of


expenditure to the date of final payment of the claim.

If the mortgagee fails to take actions as set forth under "Time


Requirements" within the time specified, or at such further time as
may be approved by HUD in writing, the interest allowance shall be
computed only to the date the particular action should have been taken
or to which it was extended (24 CFR 203.402(k)(2)(ii)).

6-15DOCUMENTS TO BE SUBMITTED. It is very important that all required


documentation be forwarded to the appropriate locations in a timely
manner. Failure to meet any of the documentation requirements could
jeopardize all or part of the claim reimbursement. The various
critical control and notification functions which enable HUD to
expedite the payment of a claim. All documents must be submitted
within 30 days of the date the mortgagee or a third party acquires
title to the property, the date the property is redeemed, or the date
the redemption expires.

A.To HUD Headquarters. HUD Headquarters must receive the documents


within 10 days after submission date:

1.The original of Parts A and B.

2.The original Mortgage Insurance Certificate.

3.A copy of the forbearance agreement, if any.

4.A worksheet showing reallocation of mortgage payments if


capitalization method of accounting is used (see paragraph
1-3).

B.To the Local HUD Office:

1.Copies of Parts A and B.

2.The original of Parts C, D and E.

3.An appropriate document confirming the sale price at


foreclosure.

4.The deficiency judgment, if any, assigned of record to HUD,


or if there is no deficiency judgment, the original credit
and security instruments, assigned or endorsed by the
mortgagee, without recourse, to HUD.

Note: See Paragraph 1-8 for file documentation requirements.

The following Table (Table 6-1) illustrates the document submission


requirements for conveyance claims.

CWCOT CLAIM SUBMISSION REQUIREMENTS

********************************************************************
* *
* *
* *
* *
* *
* *
* *
* *
* *
* GRAPHICS MATERIAL IN ORIGINAL DOCUMENT OMITTED
*
* *
* *
* *
* *
* *
* *
* *
* *
* *

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6-16 CLAIM PREPARATION - CLAIMS WITHOUT CONVEYANCE OF TITLE.

The claim must be completed as described below using HUD Form-27011,


Single Family Application for Insurance Benefits. To avoid delay in
payment, the claim must be complete and accurate and contain all
information requested. Note paragraph 1-3 concerning pre-screening of
applications.

In many instances, the instructions provided in Chapter 2, Conveyances


apply equally in CWCOT cases. When this occurs the words "Same as
Conveyance" appear after the Item title and the conveyance
instructions for that item are repeated verbatim for convenience.

A.Instructions for the Completion of HUD Form 27011, Part A,


Initial Application. The following item by item instructions are
to be used when completing HUD Form 27011, Part A, for Claims
Without Conveyance of Title.

PART A

INITIAL APPLICATION
Item 1 Claim Type. Place an "X" in the space for Claim
Type 06 = CWCOT.

Items 2 & 3 FHA Case Number and Section of Act Code


(Same as Conveyance). Enter the FHA Case
Number and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed
since 1962 use the first style shown below, with
three numerals, then a hyphen, then six numerals
(or seven including the check digit). Be sure to
include the hyphen on the claim, whether the claim
is submitted on paper or through electronic data
interchange (EDI), even though CHUMS may omit it.
The three other acceptable FHA case number
formats, for pre-1962 mortgages, are also
illustrated below. All models include the Section
of the Act (SOA) ADP codes. The formatted case
number appears on the MIC or the advanced notice
of S/F Annual MIP unless the case is included in
CHUMS, as in "5".

(1) X X X - X X X X X X X X X
or X X X - X X X X X X X
FHA Case No. SOA ADP
Code

(2) X X - X X X X X X X X
X

FHA Case No. SOA ADP Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code (Same As Conveyance). Enter


the applicable code number from the default
reasons listed below. If code 15 is used, explain
the reason under "Mortgagee's Comments."

CODE REASON

01 =Death of a principal mortgagor


02 =Illness of a principal mortgagor

03 =Illness of mortgagor's
family
member

04 =Death, mortgagor's family member

05 =Marital difficulties

06 =Curtailment of income
(Reduction of
income of a borrower)

07 =Excessive obligations -
Same
income, including habitual
non-payment of debts

08 =Abandonment of property

09 =Distant employment transfer

10 =Neighborhood problem

11 =Property problem

12 =Inability to sell property

13 =Inability to rent property

14 =Military service

15 =Other

Item 5 Endorsement Date. Enter the endorsement date that


appears on the Mortgage Insurance Certificate.

Item 6 Date Form Prepared. Enter the date this form is


completed and submitted to HUD.

Item 7 Due Date of First Payment to Principal and


Interest (Same as Conveyance). Enter the date the
first payment to Principal and Interest is due.
Obtain this date from the mortgage note.

Item 8 Due Date of Last Complete Installment Paid (Same


as Conveyance). Enter the date the last complete
installment paid was due, not the date it was
paid. This item should be taken from the payment
ledger. If no payments have been made, enter the
date in Item 7 (Due Date of the First Payment to
Principal and Interest). Note that the date in
this item will always be the first of the month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Enter the date the mortgagee or third
party obtains title to the property or the date
the property is redeemed.

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Not applicable.

Item 11 Date Foreclosure Proceedings (a) Instituted or

(b) Date of Deed In Lieu. Check the appropriate


box and enter the date of the first public action
taken which was required by law to initiate
foreclosure (e.g., filing a complaint or petition,
recording a notice of default, or publication of a
notice of sale). If the foreclosure action was
nullified under state law by the filing of a
bankruptcy petition, enter the date on which the
foreclosure action was re-instituted. A
deed-in-lieu may not be accepted in deficiency
judgment cases.

Item 12 Holding Mortgagee Number (Payee) (Same as


Conveyance). Enter the complete 10-digit
mortgagee number of the holding mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number (Same as Conveyance).


Enter the complete 10-digit mortgagee number of
the servicing mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data is mailed. Information will be
mailed only to the holding mortgagee if this item
is not completed.

Item 14 Mortgagee Reference Number (Same as Conveyance).


Enter the loan number (maximum 15 digits) used by
the mortgagee for identifying the case if any.
This number will be printed on the benefits check.
If the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount (Same as Conveyance).


Enter the original mortgage amount. This figure
should be taken from the mortgage note. If there
has been a recast of the mortgage, make a notation
of the recasting on the reverse side of Part A
under "Mortgagee's Comments" and make reference to
24 CFR 203.342.
Item 16 Holding Mortgagee EIN. Not applicable.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance) (Same as Conveyance). Enter the
unpaid mortgage balance after crediting the last
complete monthly installment paid. This figure is
taken from the mortgagee's payment ledger.
Partial payments insufficient to complete a full
monthly installment are to be reported in Part B,
Item 109 as escrow funds.

Item 18 Date of Firm Commitment (Same as Conveyance).


Enter the date of the firm commitment. This date
should be taken from the firm commitment document,
if available. The debenture interest rate is
determined by the firm commitment date or the date
of endorsement, whichever yields the higher rate.
If the case was insured under the Direct
Endorsement Program or the commitment date is not
available, this item must be left blank. Direct
endorsement mortgages may be identified by the
suffix code 700 through 799. Do not enter a date
here if this is a direct endorsement or
coinsurance loan or you may be paid an incorrect
debenture interest rate.

Item 19 Expiration Date of Extension to Foreclose/ Assign


(Same as Conveyance). If a request for an
extension of time is requested by the mortgagee
and granted by the local HUD office, enter the
expiration date of that extension. The extension
must be in writing. See paragraph 1-6.

If bankruptcy is involved or if state or local


laws delay action, the mortgagee need not obtain
approval to extend the date to begin foreclosure.
Enter the date 60 days after the date of the
release of bankruptcy, unless an additional
extension period is approved by the local HUD
office. The latest extension date must always be
entered. This 60 day extension is only applicable
when the bankruptcy precluded initiation of
foreclosure within the timeframe. See paragraph
2-16.

Item 20 Date of Notice/Extension to Convey. Not


applicable.

Item 21 Date of Release of Bankruptcy, If Applicable


(Same as Conveyance). Enter the date the
bankruptcy stay or the local law prohibition was
released. Note: When there is more than one
bankruptcy, and the mortgagee is entitled to a 60
day extension to begin foreclosure, enter the
release date which applies to the extension.
Item 22 Is Property Vacant? Yes or No. Check one.

Item 23 If Item 22 is "No," Date of Local HUD Office


Approval. Not applicable.

Item 24 Is Property Conveyed Damaged? Yes or No. If


the damage falls into the categories listed in
24 CFR 293.378 or 203.379, a CWCOT claim may not
be filed.

Item 25 If Item 24 is "Yes," Date of (a) Local HUD


Office Approval (Pursuant to 203.379(a)) or
(b) Certification (pursuant to 203.379(b)). Not
applicable.

Item 26 Type of Damage. Not applicable.

Item 27 Recovery or Estimate of Damage. Not applicable.

Item 28 Is Mortgagee Successful Bidder? Yes or No.


This question must be answered. If the property
was redeemed answer "No".

Item 29 Deficiency Judgment Code (Same as


Conveyance). Enter the code number 1, 2 3 or 4 as
appropriate. See below.

Code

1 Enter "1" - If HUD authorized you to


obtain a
deficiency judgment, but you did not acquire
one.

2 Enter "2" - If you obtained a


deficiency
judgment, but HUD did not authorize you to do
so.

3 Enter "3" - If HUD authorized you to


obtain a
deficiency judgment and you were successful
in obtaining one.

4 Enter "4" - If HUD did not authorize a


deficiency judgment and you did not obtain
one.

Item 30 Authorized Bid Amount (Same as


Conveyance). - Enter the amount of the
CAFMV, if provided by HUD field office.

Item 31 Mortgagee Reported Curtailment Date (Same


as Conveyance) - If the mortgagee failed
to comply with a time requirement for any
of the following circumstances: a)
reasonable diligence, b) notice of
foreclosure, or c) failure to initiate
foreclosure within one year of default
and subsequent payments advance the
default date, enter the date the action
should have been taken. If there was
more than one failure, enter the earliest
date on which a required action should
have been taken.

Item 32 Schedule of Tax Information. Not applicable.

Item 33 Mortgagor's Name, Social Security Number


and Property Address (Same as
Conveyance). - Enter the name of the
mortgagor in default as it appears on the
ledger record. Enter the property
address as it appears on the security
instrument or the MIC.

Enter the social security numbers of all


mortgagors, if known. At least one
social security number is required. See
Par. 1-8 for additional information.

Item 34 Brief Legal Description of Property. Enter a


brief description of the property.

Item 35 Name and Address of Mortgagee (Same as


Conveyance). Enter the name and address of the
mortgagee, including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer (Same as


Conveyance). Enter the name and address of the
mortgagee's servicer, including the ZIP code, if
applicable. Include the name and telephone number
of a contact person who can answer questions about
the claims.

Items 37
and 38 Mortgagee Official Signature, Date and Title, and
Servicer Signature. Date and Title (Same as
Conveyance). The claim must be signed and dated
by an official of the holding mortgagee if the
holding mortgagee is filing the claim. If a
servicer is filing the claim on behalf of the
mortgagee, an official of the servicer must sign
and date the form. The application must be
complete when signed and the actual date signed
must be entered by the signing official. The
application will be returned if it is not signed
or if it contains a stamped or duplicated
signature.

* Note to
signing
official: Please be sure you have read and understand the
certifications on the HUD Form-27011 before
signing and dating. If your system prints the
date in items 37 and 38, check to ensure this is
the date you are signing the form. Also check the
submission date in item 6 to ensure it does not
reflect an earlier date. The date in item 6
should be the same date as item 37 or item 38.*

Item 39 Amount of Monthly Payment to: (a) FHA insurance,


(b) Taxes, (c) Hazard Insurance and (d) Interest
and Principal. Not applicable.

Item 40 If Bankruptcy Filed, Enter Date. Enter the date


Of the last bankruptcy action. This is required if
Item 21 is completed.

Item 41 If Conveyed/Assigned Damaged, Date Damage


Occurred. Not applicable.

Item 42 Date HIP Cancelled or Refused, if Applicable. Not


applicable.

Item 43 Number of Living Units. Not applicable.

Item 44 Status of Living Units. Not applicable.

Mortgagee's Comments, if any. Use this area to justify unusual


circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following item-by-item instructions are to be used
when completing HUD Form 27011, Part B, for claims without
conveyance of title. Prepare this Part after Parts C, D and E
have been completed. The information entered in this Part is
transferred from Parts C, D and E.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address (Same as


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 101
and 102 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 103 Mortgagee's Reference Number (Same as


Conveyance). Enter the mortgagee's Reference
Number as it appears in Item 14 of Part A.
Item 104 Date Form Prepared (Same as Conveyance). Enter
the date Part B is prepared and submitted to HUD.

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Not applicable.

Item 106 Check if Supplemental. Check this box only if


you
have received final payment of your claim. See
Chapter 7.

Item 107 Adjusted Loan Balance (if different from block 17


on Part A). Not applicable.

Item 108 Sale/Bid Price or Appraisal Value (for


Coinsurance
or Nonconveyances) Enter the greater of the
Commissioner's Adjusted Fair Market Value (CAFMV)
or the foreclosure sale price or the redemption
price. The term "foreclosure sale price" shall
mean the actual amount bid at the foreclosure sale
where the property was sold. The amount of the
proceeds from the foreclosure sale actually
distributed to the mortgagee should not be used.
Similarly, the redemption price shall mean the
redemption price figure, not the amount of
redemption proceeds actually received by the
mortgagee.

Item 109 Escrow Balance (as of Date in Block 10, Part A)


(Same as Conveyance). Enter amount remaining in
escrow account as of the date the deed is filed
for record. Also include any funds received on
account of the mortgage which have not been
applied to reduce the indebtedness, e.g., partial
payments, hazard insurance refunds, buydown
monies, funds held in escrow for on-site repairs
(pursuant to Form HUD-92300, Assurance of
Completion Agreement). DO NOT SEND ESCROW FUNDS
TO HUD.

See Item 123 for unapplied Section 235


assistance payments.

Payment of expenses for which funds are


escrowed shall be charged to the escrow
account in full or in part until the escrow
account balance equals zero. Expenses paid
from available escrow funds are not to be
recorded on Part D.

DO NOT ENTER A NEGATIVE BALANCE.


Advances by
the mortgagee for expense payments normally
charged to the escrow account shall be
recorded under Part D. Items 305 or 311, as
appropriate. When the first occurrence of an
expense results in a negative balance to
escrow, enter the negative amount in Item 305
or 311, whichever is appropriate. Interest
on advances shall be computed from the date
of disbursement to the date the claim is
mailed. If there were any advances from
escrow prior to the date of default, interest
is calculated from the date of default.

Illustration of Mortgagee Advances:

Date Date Escrow


Due Paid Interest Principal Escrow Balance

Balance Forward . . . . . . . . . . . . . $151.60


1/01/83 2/03/83 $73.32 $21.07 $70.69 222.29
8/03/83 198.98- 23.31
12/11/83 51.19- (27.88)/1

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C (Same as
Conveyance). Enter the total amount of
disbursements and debenture interest appearing in
Part C, Item 264. Note on the reverse side of
this part any authorization obtained from the
local HUD office for approvals to exceed allowable
amounts.

Item 111 Total Disbursements from item 305, Part D (Same


as
Conveyance). Enter the total amount paid and
debenture interest appearing in Part D, Item 305.

Item 112 Attorney/Trustee Fees Paid From Line 306, Part D

/1First amount to be entered on Part D, Item 305 or 311, as applicable.


Interest should only be calculated on $27.88, not the $51.19.
(Same as Conveyance). Enter the total amount
paid
and debenture interest appearing in Part D, Item
306. HUD WILL CALCULATE THE TWO-THIRDS ALLOWANCE
FOR BOTH EXPENSES AND INTEREST.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D (Same as Conveyance).
Enter the total amount paid and debenture interest
appearing in Part D, Item 307. HUD WILL CALCULATE
THE TWO-THIRDS ALLOWANCE FOR BOTH EXPENSES AND
INTEREST.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D (Same as Conveyance). Enter the amount of
bankruptcy fees paid and debenture interest
appearing in Part D, Item 310. HUD WILL CALCULATE
THE TWO-THIRDS ALLOWANCE FOR BOTH EXPENSES AND
INTEREST.

Item 115 Rental Income. Enter any income from the rent of
the property between the date foreclosure
proceedings were instituted (or property otherwise
acquired) and the date in Item 9.

Item 116 Rental Expense (Same as Conveyance). Enter


rental
expenses incurred, if any. If there is no entry
in Item 115, make no entry in this item.

Item 117 Total Taxes on Deed from Line 308, Part D (Same
as
Conveyance). Enter the total amount paid and the
debenture interest shown in Item 308, Part D.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. Not
applicable.

Item 119 Estimate or Recovery from Part A. Not


applicable.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 309, Part D (Same as Conveyance). Enter
the total amount paid and debenture interest which
appear in Item 309, Part D.

Item 121 Mortgage Note Interest. Mortgage note interest


will be included in the insurance benefits if a
mortgagor fails to meet the requirements of a
special forbearance agreement and the failure
continues for at least 60 calendar days. See
Paragraph 2-19.

From. Enter the date of the last completely paid


installment after all funds received under the
agreement are applied according to the terms of
the mortgage (Item 8, part A). If no mortgage
payments were made, enter a date 30 days prior to
the due date of the first scheduled payment (Item
7, Part A).

To. Enter the earliest of the following dates:

1.the date of institution of foreclosure


proceedings;

2.the date the successful bidder obtains


title;

3.90 calendar days following the date the


mortgagor fails to meet the requirement of
the forbearance agreement; or
4.such other date as the local HUD office
may
approve in writing prior to expiration of the
90 calendar day period (24 CFR 203.402a).

Rate. Enter the mortgage interest rate as it


appears on the mortgage note.

Compute the amount of mortgage interest due as


instructed in Paragraph 2-19 and enter in Column
C.

Item 122 Mortgage Insurance Premiums (Same as Conveyance).


Enter total from item 311, Part D.

Item 123 Unapplied Section 235 Assistance Payments (Same


as
Conveyance). Enter unapplied assistance payments
in Column A, if applicable.

Item 124 Overpaid Section 235 Assistance Payments (Same as


Conveyance). Enter the amount of any funds
advanced by the mortgagee to repay to HUD assistance to which the
mortgagor was not entitled and which was not
recovered from the mortgagor, unless the
overpayment was the result of error on the part of
the mortgagee. Amount is to be entered in Column
B. Do not calculate debenture interest for Column
C.

Items 125
thru 129 Not applicable. Any amounts appearing on these
lines will be disallowed.

Item 130 Appraisal Fee. Enter total from line 409, part
E,
if applicable. Interest may be added in Column C.

Item 131 Deficiency Judgment Costs/Fees. Enter the total


from Line 410, Part E, if applicable. Interest
may be added in Column C.

Item 132 Reserved.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number (Same as Conveyance). Enter the
name and telephone number of a person in the
holding or servicing mortgagee's office who can
answer questions concerning the information
reported on this claim form. Include the Holding
Mortgagee number which you entered in Item 12 of
Part A.

Items 134
to 136 Enter the totals of Columns A - Deductions; B -
Additions; and C - Interest.

Item 137 Net Claim Amount (Columns B - A + C). The amount


HUD actually pays will differ from what the
mortgagee enters here because of possible interest
curtailments, disallowed expenses, HUD's
calculation of two-thirds allowances on
attorney/trustee fees, foreclosure costs and
bankruptcy fees, and additional debenture interest
calculated by HUD to the date of claim settlement.

Items 138
and 139 Mortgagee's Official Signature, Date and Title
(signature not necessary if signed by a servicer)
or Servicer Signature, Date, and Title. See
instructions for Part A, Items 37 and 38.

C.Instructions for the Completion of HUD Form 27011, Part C,


Support Document. The following item-by-item instructions are to
be used when completing Form HUD-27011, Part C, for claims
without conveyance of title.

Expenditures may be entered on Part C as they occur, however,


debenture interest calculations should not be made until the date
of claim submission because interest allowance will be computed
from the date of expenditure to the date Part B is filed unless
interest is curtailed.

No expenses should be incurred and no work should be performed on


the property of the foreclosure sale and the expiration of the
redemption period. This does not preclude reimbursement for
expenses incurred or work completed before conveyance but not
paid until after the sale.

If the local HUD office instructs the mortgagee to perform a


specific service after the date of sale, a notation must be made
on the reverse of the form under "Mortgagee's Comments".

Each expense listed for reimbursement must be itemized and


sufficient information must be provided for computation of
debenture interest. See Paragraph 2-5.

PART C

SUPPORT DOCUMENT

Item 200 Mortgagor's Name and Property Address (Same as


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 201
and 202 FHA Case Number and Section of Act Code

(Same as Conveyance). Enter the FHA case number


and Section of the Act Code as they appear in
Items 2 and 3 of Part A.
Item 203 Mortgagee's Reference Number (Same as
Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 204 Date (Same as Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5c).

Item 205 Debenture Interest Rate (Same as Conveyance).


Using the Debenture Interest Rate Table provided
in Appendix 3 of these instructions, determine the
rate at the date of firm commitment and the rate
at the date of endorsement, then enter the higher
rate. In Direct Endorsement cases enter the rate
in effect on the date of endorsement. The
debenture interest rate can also be found on the
Part A advice of payment.

Item 206
through
Item 261 Disbursements for Protection and Preservation
(Same as Conveyance). Enter all inspection,
protection and preservation expenses. This
includes debris removal, replacing broken glass,
protecting plumbing and other operating systems
against damage by freezing, care of lawns and
shrubs, repair of leaking roof, etc. Describe the
service performed, the date it was completed and
the date paid. See paragraph 2-11 for the nature
of reimbursable expenditures and cost limits. Enter expenses paid
to board up the property if the field office gave
prior approval.

Enter the date of each inspection and indicate


whether it is an Initial, Occupancy or Vacancy
inspection. See paragraph 2-11. A copy of an
inspection report must be maintained by the
mortgagee for each inspection itemized.

oDate Paid. A separate entry must be


made for
each payment. Enter the date the check was
disbursed. If an expenditure or advancement
was made prior to the date of default, enter
the date of default and enter the actual date
paid in parentheses following the description
(See Paragraph 2-5c).

oDate Work Completed - If date is not


available on the invoice, obtain this date
from vendor or contractor. This is not
necessarily the date of billing, but the
actual date the work was completed.

oDescription of Service Performed - Enter


a
description of the items or types of repairs
and services performed, i.e., inspections.
Additional space is provided on reverse of
form.

oAmount Paid - Actual payment amounts are


to
be entered. This information will be
transferred to Part B, Fiscal Data.

oDebenture Interest - To obtain the


amount of
interest due on an expenditure, multiply the
daily interest rate factor by the amount
paid. Multiply this result by the number of
days from the date paid for each line item to
the date in Item 204 (submission date for
Part B). Daily Interest Rate Factor tables
are provided in Appendix 8 of these
instructions to assist in converting the
debenture interest rates. In addition,
Julian date calendars are provided in
Appendix 9 to assist in determining the
number of days from the date the expenditure
was paid to the date of submission of the
claim or the curtailment date.

Item 262 Subtotals (Same as Conveyance). If reverse side


of form is used to list protection and
preservation costs, add amount paid and debenture
interest columns.

Item 263 Subtotals Brought Forward (Same as Conveyance).


If reverse side of form is used, bring subtotals
appearing in Item 262 to this line.

Item 264 Totals (Same as Conveyance). Total the "amount


paid" and "debenture interest" columns. Enter the
totals on Part B, Item 110, Column C when
completing Part B, Fiscal Data.

Item 265
and 266 Contact: Holding Mortgagee, Name and
Telephone Number; or Contact: Servicing
Mortgagee, Name and Telephone Number
(Same as Conveyance). Enter the name and
telephone number of a person in the holding or
servicing mortgagee's office who can answer
questions concerning the information reported on
this claim form. Include the Holding Mortgagee
number which you entered in Item 12 of Part A.

Item 267
and 268 Mortgagee Official Signature, Date and Title
(not necessary if signed by servicer) or
Servicer Signature, Date and Title (Same as
Conveyance). A signature must appear in at least
one of these blocks; however, it is acceptable if
both the mortgagee and the servicer wish to sign
this form.

Mortgagee's Comments, if any - Use this area to justify extremely


large expenditures, as well as other information required by
these instructions.

HUD's Comments, if any - For HUD's use only.

D.Instructions for the Completion of HUD Form 27011, Part D,


Support Document (Continuation 1). Expenditures may be entered
on Part D as they occur, however, debenture interest calculations
should not be
made until the date of claim submission because interest
allowance will be computed from the date of expenditure to the
date Part B is filed unless interest is curtailed.

oDate Paid. A separate entry must be made for each payment.


Enter the date the check was disbursed. If an expenditure
or advancement was made prior to the date of default, enter
the date of default and enter the actual date paid in
parentheses following the description (See Paragraph 2-5c).

oDescription of Service Performed - Enter a description of


the items or types of services performed. Additional space
is provided on reverse of form.

oAmount Paid - Actual payment amounts are to be entered.


This information will be transferred to Part B, Fiscal data.

oDebenture Interest - To obtain the amount of interest due on


an expenditure, multiply the daily interest rate factor by
the amount paid. Multiply this result by the number of days
from the date paid for each line item to the date in Item
204 (submission date for Part B). Daily Interest Rate
Factor tables are provided in Appendix 8 of these
instructions to assist in convening the debenture interest
rates. In addition, Julian date calendars are provided in
Appendix 9 to assist in determining the number of days from
the date the expenditure was paid to the date of submission
of the claim or the curtailment date.

oTotal the "amount paid" and "debenture interest" columns.


PART D

SUPPORT DOCUMENT (CONTINUATION 1)

Items 300
and 301 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 302 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 303 Debenture Interest Rate (Same as Conveyance).


Using the Debenture Interest Rate Table provided
in Appendix 4 of these instructions, determine the
rate at the date of firm commitment and the rate
at the date of endorsement, then enter the higher
rate.

Item 304 Date (Same as Conveyance). Enter the date


entered
in Part B item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5c).

Item 305 Disbursements for HIP, Taxes, Ground Rents and


Water Rates (which were liens prior to mortgage),
Eviction Costs and Other Disbursements Not Shown
Elsewhere. (Do not include any penalties for late
payment). Itemize all disbursements in these
categories. Do not include disbursements which
were paid from available escrow funds. No expense
should be incurred after the date the third party
obtains title to the property (Item 9) unless the
local HUD office instructs you to take an action.
See explanation for escrow account, Part B, Item
109.

Item 306 Attorney/Trustee Fee. Itemize the fees paid to


attorneys and trustees in connection with
foreclosure or acquisition of title and conveyance
of the property to the successful bidder. Do not
enter fees for bankruptcy or eviction in this
item. If the fee for acquisition and conveyance
is within the amount HUD approved for the
area, do not itemize the elements of the fee. If
attorney fees exceed those approved by HUD for
routine foreclosures see paragraph 1-10. HUD WILL
CALCULATE THE TWO-THIRDS ALLOWANCE (24 CFR
203.402).

Item 307 Foreclosure and/or Acquisition, Conveyance and


Other Costs. Enter all disbursements required to
vest title to the property in the name of the
successful bidder except taxes paid on deeds
included in Item 308 and disbursements shown in
Item 306. These costs must be itemized e.g.,
title policy, resale title binders, title search
fees (if separate costs), publication, service of
process, etc. If additional space is needed,
attach a separate sheet to Part D. HUD WILL
CALCULATE THE TWO-THIRDS ALLOWANCE FOR EXPENSES
AND INTEREST. (24 CFR 203.402)

Item 308 Taxes on Deed. Enter amounts paid for taxes


imposed upon any deeds or other instruments by
which the property was acquired by the successful
bidder. (Note: Deed taxes should not be included
in Item 307.)

Item 309 Special Assessments (Do not use for Coinsurance,


see Part E) (Same as Conveyance). For each item
in this category, enter the date the lien was
attached or would be attached. Do not include any
special assessments which became liens before the
mortgage was endorsed for insurance, if not noted
in the application for insurance.

Item 310 Bankruptcy (Same as Conveyance). Itemize the


bankruptcy fees paid. There must be an entry in
Item 40. If bankruptcy fees exceed those approved
by HUD for routine bankruptcies see paragraph
1-10. HUD WILL CALCULATE THE TWO-THIRDS ALLOWANCE
FOR EXPENSES AND INTEREST (24 CFR 203.402).

Item 311 Mortgage Insurance Premiums (Same as Conveyance).


Itemize all MIP disbursements, including
the period covered. Only include the "advanced"
MIP disbursements paid after the due date of the
last completely paid installment to the date the
deed is filed for record.

E.Instructions for the Completion of HUD Form 27011, Part E Support


Document (Continuation 2). The following item by item
instructions are to be used when completing Form HUD-27011, Part
E, for claims without conveyance of title.

PART E

SUPPORT DOCUMENT (Continuation 2)


Items 400
and 401 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 402 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 403 Debenture Interest Rate (Same as Conveyance).


Using the Debenture Interest Rate Table provided
in Appendix 3 of these instructions, determine the
rate at the date of firm commitment and the rate
at the date of endorsement, then enter the higher
rate.

Item 404 Date (Same as Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should have been taken (See
paragraph 2-5c).

Items 405 Overhead Costs. Not applicable.

Item 406 Amounts Due from Buyer at Closing. Not


applicable.

Item 407 Amounts Owed to Buyer at Closing. Not


applicable.

Item 408 Additional Closing Costs at Settlement. Not


applicable.

Item 409 Appraisal Fee. Enter the amount of the appraisal


fee and date paid only if you were instructed to
obtain an appraisal by the local HUD office while
complying with the procedures. If debenture
interest is payable the amount of interest may be
entered in Line 130, Column C, of Part B.

Item 410 Deficiency Judgment Costs/Fees. Enter a figure


here only if the local HUD office authorized you
to obtain a deficiency judgment. The allowable
costs and fees are as follows: (1) cost of
attorney fees which relate only to the obtaining
of the deficiency judgment; (2) additional filing
or recording fees directly related to the
deficiency judgment; (3) if local law required a
judicial foreclosure in order to obtain a
deficiency judgment, those costs directly related
to the judicial foreclosure, provided that
judicial foreclosure would not, otherwise, have
been necessary. If debenture interest is payable
the amount of interest may be entered in Line 131,
Column C of Part B.

Items 411
and 412 Reserved.
CHAPTER 7: SUPPLEMENTAL CLAIMS/REMITTANCE

_______________________________________________________________________
____

7-1 GENERAL. Mortgagees must make a thorough review of all receipts


and
expenses before submitting an Application for Insurance Benefits,
Form HUD-27011. There will be occasions when the lender has incurred
an expense but is unable to make payment because a vendor delayed
submitting an invoice or for other valid reasons. HUD will consider
one supplemental adjustment to the initial claim payment in the
event of such delayed disbursements and to correct errors in the
original claim or payment. If you have properly reviewed and
certified the accuracy of your initial claim submission, the need
for supplemental claims should be exceptional. Funds received after
the claim was filed must be remitted to HUD immediately upon receipt
or knowledge of such funds. The Supplemental Process must be used
* when remitting such funds or to request reconsideration of
disallowed
costs. Remittance of overpayments or any other amounts due HUD are
not subject to any limitation.
*

7-2 ONE SUPPLEMENTAL CLAIM.

Mortgagees are allowed to file one supplemental claim for additional


funds. Remittance of overpayments or any other amounts due HUD are
not subject to any limitation. A supplemental claim will be denied
unless filed within the 6-month period following the date of final
settlement for any given HUD case number. Supplemental claims on Part
A or B must not be filed before receipt of the final payment of the
original claim on Part B except when Part A was overpaid.

Any subsequent supplemental claim for additional funds submitted for


the same case will be denied UNLESS it meets one of the following
exceptions:

o Filing approval from the local HUD office. The Single Family
Loan Management Branch having jurisdiction over the property
may
give the mortgagee written approval to file an additional
supplemental claim.

o The subsequent supplemental claim concerns hazard insurance


adjustments -- no filing approval necessary.

The subsequent supplemental claim concerns deficiency judgements


-- no filing approval necessary, or
Supplemental claims previously submitted and returned to the
mortgagee for a correction and/or for further information must be
received by the Department as soon as possible but no later than
45 days from the Department's request or 6 months from the final
settlement date of the original claim, whichever is later.

The need for mortgagees requesting the local HUD Offices to review and
approve more than the "one" supplemental claim submission for the same
case should be few, if any. However, mortgagees requesting local HUD
Offices to approve such supplemental claims must:

submit the request in writing,

provide thorough justification and documentation to show and


support the exceptional situation required for approval of the
request, and

maintain a copy of HUD's approval and supporting documentation in


the claim review file.

7-3 ATTORNEY FEES.

As of June 25, 1994, mortgagees are not required to file separate


supplemental claims directly to the Office of General Counsel for
attorney's fees which exceed the Federal National Mortgage Association
(FNMA) fee schedule.

For routine legal actions, HUD reimburses mortgagees for attorney's


fees based on the FNMA Schedule of Standard Attorney's and Trustee's
Fees. Formerly, mortgagees were generally instructed to enter the
amount actually paid to the attorney, regardless of whether the fee
exceeded the FNMA fee or whether the amounts were reasonable, and the
initial claim payment was limited to the allowable amount. Mortgagees
must now follow the instructions below regarding what may be claimed
for attorney's fees. Generally, mortgagees may enter no more than the
FNMA fee for a routine legal action and may enter only reasonable
amounts for contested foreclosures, contested evictions, contested
bankruptcies, required probate procedures, etc. If the mortgagee
complies with the guidance, the need to file a supplemental claim for
additional funds for attorney's fees should be eliminated in all but a
very few cases.

However, as before, if the mortgagee believes it is entitled to more


than the amount HUD actually reimbursed in the initial claim payment,
the mortgagee may file a supplemental claim for attorney's fees.
However, mortgagees may file only one supplemental claim, so any claim
for additional attorney's fees must be included in
that one supplemental claim. In addition, supplemental claims for
attorney's fees should no longer be sent to the Home Mortgage
Division, Room 9258, as had been previously directed.

If a supplemental claim for attorney fees is filed, it may include


other items. To support the additional fees, the supplemental claim
must include a complete Form HUD-27011 (supplemental); a copy of the
Parts A and B of the original Form HUD-27011 and Parts C, D and E as
applicable; a copy of the final advice of payment letter; the
mortgagee's comments on the necessity for the increased fee; and
copies of documentation necessary to support the additional claimed
amount.

Mortgagees are expected to maintain adequate documentation in the


claim review files to support all attorney's fees. This will be
subject to verification during the post claim review. If a
mortgagee's claim is more than the amounts allowed by the following
instructions, it will be considered a monetary finding and the
mortgagee will be billed for the statistically calculated overpayment
for all claims within the review period.

See Paragraph 1-10 for instructions on how reimbursement for


attorney's fees may be claimed on the initial Part B claim submission.

7-4 CLAIM FORM.

A.A supplemental claim is filed using Part A of Form HUD-27011


accompanied by the other claim parts to be amended or
supplemented, following the instructions for the original claim
type. The information to be entered is identification, date,
correction of information provided in the original claim, items
omitted in the original claim, and if items were incorrectly
reported in the original claim, the difference between the amount
reported and the amount that should have been reported, including
debenture interest computation.

B.The reason for the submission of the supplemental claims must be


stated on the reverse side of Parts A or B.

7-5 TIME REQUIREMENTS.

A.HUD will not accept claims to supplement or correct errors in the


initial claim more than six months after the date of final
payment except for:

1.Cases where HUD requests or requires pursuit of a deficiency


judgment. A supplemental claim for costs related only to
the deficiency judgment may be submitted up to three months
after the deficiency judgment is obtained or denied. If
this results in the claim being submitted more than
one year after final settlement of the initial Part B claim,
an extension to file must be obtained (see paragraph 1-6
F.4b).

2.Correction of an estimated hazard insurance premium if


received by HUD within two weeks of the insurer's notice of
adjustment, but not more than twelve months after the date
of final payment (See paragraph 1-6).

3.Remittance of overpayments and funds received by the


mortgagee after the claim was filed.

4.Claims awaiting HUD decision.

5.Claims initially received within 6 months after the date of


final payment where HUD has requested additional
documentation. In such case HUD will accept the claim
within the latter of:

a.six months after the date of final payment; or

b.45 days after the date of HUD's letter requesting


additional documentation.
B.Claims for amounts paid after the date the original claim was
filed will be paid only if the obligation was incurred before the
deed or assignment to HUD was filed for record or was paid on
HUD's written instruction.

C.Supplemental claims (on Parts A or B) must not be filed before


receipt of final payment of the original claim on Part B except
when Part A was overpaid (See paragraph 1-6).

7-6 EXTENSION OF TIME REQUIREMENTS.

Extensions to file supplemental claims are generally not approved.


However, if the mortgagee cannot comply with the time requirements for
a particular action because of circumstances beyond its control, a
request for an extension of time (form HUD-50012) should be submitted
to the local HUD office (See paragraph 1-6).

7-7 CLAIMS FOR ADDITIONAL FUNDS.

Mortgagees may not claim additional funds when there are offsetting
amounts due HUD. When a supplemental claim is filed for additional
funds, copies of receipts and other supporting documentation that
apply to the request must accompany the claim. Insufficient
documentation will result in either denial or return of the
supplemental claim.
Generally, when a claim for additional funds is being filed based on a
date
being corrected on the Part A claim, the supplemental claim must
provide a
certification as to the accuracy and validity of all other dates on the
Part A claim which impact on time requirements and the payment of
interest
on the claim. This certification must include a statement that all
such
dates have been rechecked against the claim filing instructions in this
Handbook. The certification must also include a statement describing
the
document of origin for each of these dates.

Examples of the documents needed to establish a basis for the following


are:

SUPPORT NEEDED FOR: SUPPORT DOCUMENTS (copy of):

Due Date of Last Installment Mortgage Payment History Record

Date of Possession and Title Legal documentation (sheriff's


deed, recorded deed in lieu, proof
of eviction date, inspection
report)

Date of Deeding or Assignment Recorded Deed or Assignment

Date of Foreclosure Institution First Legal Action Taken (filing of


or Deed in Lieu complaint or publication of notice
of sale) or Recorded Deed in Lieu
Unpaid Loan Balance Mortgage Note and Payment
History
Record

Expiration Date of Extension Form HUD-50012 approved by Local


HUD Office (before expiration of
time frame)

Date of Notice/Extension to Assignment Acceptance Letter Form


Convey HUD-50012

Date of Bankruptcy Release Court Action (bankruptcy release


notice or release of stay)

Protection and Preservation Form HUD-27011


Part C filed with
original claim
submission
Disbursements (Taxes, HIP,
eviction costs) Foreclosure Paid receipts
Costs, Attorney's
Fees, Bankruptcy Costs, - If incurred after date of deeding
or
other disbursements all assignment, obtain local HUD
Office
written approval for payment before
filing supplemental claim.
- Form HUD-27011 Part D filed with
original claim submission;
- Paid receipts and/or payment history
records;
- If taxes were paid after date of
assignment or deed, obtain local HUD
Office written approval for payment
before filing supplemental claim.

In all instances, the reason for submission of the supplemental must


be entered on the reverse of the Part A in the mortgagee comment
section.

Foreclosure and Acquisition Costs, and Attorney/trustee fees are


reimbursed at 2/3 of the allowed amount. A supplemental claim should
not be submitted for the 1/3 of the cost or fee for which the
mortgagee is responsible.

7-8FUNDS DUE HUD. If HUD overpaid a claim due to the mortgagee's or


HUD's error or if a any payment relating to the mortgage transaction
is received after the original claim was submitted, a supplemental
claim must be filed and a check for the amount due must be attached to
the face of the supplemental claim.

A.If the claim involves an overpayment, explain in the "Mortgagee's


Comments" on the reverse of Part A how the overpayment occurred.

B.If the amount overpaid or received involved a computation of


interest, the overpaid interest must be included in the
reimbursement to HUD. The amount must include interest
calculated by the mortgagee and included in Part B and interest
calculated by HUD for the period from the date of claim to the
date of payment.

The supplemental claim, with check attached, must be sent to the


appropriate address:

Post Office Box for Regular Mail: Street Address for Express
HUD-Single Family Claims Mail or Courier:
P. O. Box 954507 HUD-Single Family Claims
St. Louis, MO 63195-450 Mercantile Bank

7-9 DOCUMENTS TO BE SUBMITTED

A.To HUD Headquarters

1.The original Parts A and B for the supplemental claims.

2.Supporting documents for the supplemental claim.

3.Copies of the Parts A and B submitted in the original claim.

4.Copies of Parts C, D and E, if applicable.

B.To the Local HUD Office, ATTN: Single Family Loan Management
Branch

1.Copies of Parts A and B, if applicable

2.The original of Parts C, D and E, if applicable

Note: See paragraph 1-8 for claim file documentation requirements.

For an illustration of the document submission requirements refer to


one of the following tables depending on the claim type:

Supplemental Claims for Conveyances - See Table 2-1


Supplemental Claims for Assignments - See Table 3-1
Supplemental Claims for Automatic Assignments
- See Table 4-1
Supplemental Claims for Coinsurance - See Table 5-1
Supplemental Claims for CWCOT - See Table 6-1

7-10CLAIM PREPARATION. A supplemental claim is completed using the


instructions for the original claim type, except as instructed in this
Chapter. Enter only information necessary to correct the original
claim and information identified below by the word "REQUIRED".

Do not file a supplemental claim for additional reimbursement prior to


receipt of payment of the original Part B and do not file a corrected
claim. All corrections requesting additional reimbursement must be
made by supplemental claims filed after payment of the original Part B
claim.

Whenever a supplemental claim is filed for additional funds attach


copies of supporting documents (i.e. extension letter, ledger cards,
receipts, etc.) to the claim form submitted to HUD Headquarters.
A.Instructions for the Completion of HUD Form 27011, Part A,
Initial Application.

PART A

INITIAL APPLICATION

Item 1 Claim Type - REQUIRED. Place an "X" in the space


for Claim Type 05 = Supplemental.

Items 2 and 3 FHA Case Number and Section of Act Code


- REQUIRED. Enter the FHA Case Number
and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed
since 1962 use the first style shown below, with
three numerals, then a hyphen, then six numerals
(or seven including the check digit). Be sure to
include the hyphen on the claim, whether the claim
is submitted on paper or through electronic data
interchange (EDI), even though CHUMS may omit
it. The three other acceptable FHA case number
formats, for pre-1962 mortgages, are also
illustrated below. All models include the Section
of the Act (SOA) ADP codes. The formatted case
number appears on the MIC or the advanced notice
of S/F Annual MIP unless the case is included in
CHUMS, as in "5" below.

(1) X X X - X X X X X X X X
X
or X X X - X X X X X X X
FHA Case No. SOA ADP
Code

(2) X X - X X X X X X X X
X
FHA Case No. SOA ADP
Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code. Not applicable.


Item 5 Endorsement Date - REQUIRED. Enter the correct
date.

Item 6 Date Form Prepared - REQUIRED. Enter the date


this form is completed and submitted to HUD.

Items 7
through 11Due Date of First Payment to Principal and
Interest; Due Date of Last Complete Installment
Paid; Date of Possession and Acquisition of
Marketable Title; Date Deed or Assignment Filed
for Record or Date of Closing or Appraisal; Date
Foreclosure Proceedings (a) Instituted or (b) Date
of Deed In Lieu. If the previously reported dates
were incorrect, enter the correct date.

Item 12 Holding Mortgagee Number (Payee) - REQUIRED.


Enter the complete 10-digit mortgagee number of
the holding mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number - REQUIRED. Enter the


complete 10-digit mortgagee number of the
servicing mortgagee.

Note: This number determines the name and


address
to which all computer generated letters and claim
payment data are mailed. If this item is not
completed, all mail will be sent to the holding
mortgagee.

Item 14 Mortgagee Reference Number - REQUIRED. Enter the


loan number (maximum 15 digits) used by the
mortgagee for identifying the case if any. This
number will be printed on the benefits check. If
the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount - REQUIRED. Enter the


original mortgage amount. This figure should be
taken from the mortgage note. If there has been a
recast of the mortgage, make a notation of the
recasting on the reverse side of Part A under
"Mortgagee's Comments" and make reference to 24
CFR 203.342.

Item 16 Holding Mortgagee EIN - REQUIRED if initial claim


was 03 - Automatic Assignment. Enter the complete
9-digit Employer Identification Number.
Items 17
through 35If the previously reported information was
incorrect, enter the correct information.

Item 35 Name and Address of Mortgagee - REQUIRED. Enter


the name and address of the mortgagee, including
the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer -


REQUIRED. Enter the name and address of the
mortgagee's servicer, including the ZIP code.
Include the name and telephone number of a contact
person who can answer questions about the claim.

Items 37
and 38 Mortgagee Official Signature, Date and Title, and
Servicer Signature, Date and Title - REQUIRED.
The claim must be signed and dated by an official
of the holding mortgagee if the holding mortgagee
is filing the claim. If a servicer is filing the
claim on behalf of the mortgagee, an official of
the servicer must sign and date the form. The
application will be returned if it is not signed
or if it contains a stamped or duplicated
signature.

Items 39
through 44Not applicable.

Mortgagee's Comments, if any. Enter the reason for submitting


the supplemental claim and use this area to justify unusual
circumstances as well as other information required by the
instructions.

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. Do not complete Part B if the required changes relate only
to Part A; however, if there are changes relating only to Part B,
the required items of Part A must be completed. Use the same
instructions to complete the supplemental claim that were used to
complete the original claim.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address - REQUIRED.


Enter the mortgagor's name and property address as
they appear in Item 33 of Part A.

Items 101
and 102 FHA Case Number and Section of Act Code -
REQUIRED. Enter the FHA Case Number and Section
of the Act Code as they appear in Items 2 and 3 of
Part A.
Item 103 Mortgage's Reference Number - REQUIRED. Enter
the
mortgagee's Reference Number as it appears in Item
14 of Part A.

Item 104 Date Form Prepared. Enter the date the


supplemental form is prepared and submitted to
HUD.

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Complete only if the previously
reported date was incorrect.

Item 106 Check if Supplemental - REQUIRED. Check this


box.

Items 107
through 132 &
Items 134-137Use instructions of original claim type. If an
amount was reported incorrectly on the original
claim, enter only the difference between what was
reported and what should have been reported. This
may be either a positive or negative figure. If
the difference is a negative figure, enter the
difference on the appropriate line in the
"deduction" column (Column A). If the difference
is a positive figure, enter on the appropriate
line the difference in the "addition" column
(Column B). If either of these columns is shaded,
place the amount in the opposite column in
brackets.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number - REQUIRED: Enter the name and
telephone number of a person in the holding or
servicing mortgagee's office who can answer
questions concerning the information reported on
this claim form.

Items 138
and 139 Mortgagee Official Signature, Date and Title (not
necessary if signed by servicer) or Servicer
Signature, Date and Title REQUIRED. A signature
must appear in at least one of these blocks;
however, it is acceptable if both the mortgagee
and the servicer wish to sign this form.

Mortgagee's Comments. - Use this area to justify information


required by these instructions.

HUD's Comments. - For HUD's use only.

C.Instructions for the Completion of HUD Form 27011, Parts C, D and


E, Support Documents (Continuations 1 and 2).
PARTS C, D AND E

The parts must be prepared in the same manner as the original


claim. Complete only those items which are in need of adjustment
and enter only the difference between what was reported and what
should have been reported. If changes are necessary only to Part
A the other parts need not be completed.

Calculate the interest due the mortgagee or owed to HUD by using


the same dates and interest tables that were used for the
original calculation, provided these dates and interest rates
were correct. If the dates or interest rates were incorrect,
recalculate the interest for all expenses claim in the original.
Show only the difference in the interest due.

If the amount paid in the original claim was an overpayment,


enclose the expense and interest adjustment in brackets.

HUD will calculate the remaining interest accumulating after the


date of the original Part B.

EXAMPLE:An expense for repairing windows of the $168.95


was incorrectly shown on an original submission of
Part C as $186.95 -- an overstatement of $18
($186.95 - $168.95).

The interest calculation dates: 9/11/83 (date of


expenditure) to 10/1/84 (date on original part B).

Solution:Part C of the supplemental claim should show an


adjusted expense of $18.00 and an adjusted
interest amount of $1.52 ($18.00 x .0002191781 x
386). Both the $18 and the $1.52 should be
inclosed in brackets on Part C and transferred to
Part B, line 110, columns B and C. A check with
the FHA CASE number clearly noted should be
attached.
CHAPTER 8: PRE-FORECLOSURE SALES

_______________________________________________________________________
____

8-1 GENERAL. These instructions are to be used only for claims


involving
a successful pre-foreclosure sale where the mortgagor's
participation
was approved during the Pre-foreclosure Sale ("PFS") Program
demonstration (Section 204 of the National Housing Act, 12 USC
1710).
(Revised instructions will be issued by Mortgagee Letter when
Pre-foreclosure Sales are implemented nationwide).

NOTE: Intake under the demonstration ceased in September 1994.

In a successful pre-foreclosure sale, neither foreclosure nor


conveyance of the property to the Department occurs. The defaulting
mortgagor sells the property at fair market value (with certain
adjustments, as approved by the Secretary), which is less than the
outstanding indebtedness at the time of sale. HUD will pay a claim to
the lender equal to the difference between the fair market sale price
and the outstanding indebtedness, approved costs and expenses and
debenture interest.

Information is also provided for cases which are accepted for


participation in the pre-foreclosure sales program but are foreclosed
or a deed-in-lieu of foreclosure is accepted because the sale was not
successful.

8-2 PROGRAM COORDINATOR. The essential decisions relating to the


pre-foreclosure sale are made by a Program Coordinator (the Loan
Management Branch of the local HUD office or a contractor). The
Program Coordinator will make the following determinations and
provide
appropriate information and directions to the mortgagee and the
closing agent.

A. The eligibility of the mortgagor for participation in the program


(See Appendix 19).

B.Instructions to the mortgagee to delay or postpone the


foreclosure sale date (See Appendix 19).

C.Identification of liens to be paid by the mortgagee to facilitate


the sale or acceptance of a deed-in-lieu of foreclosure (See
Appendix 20).

D.Approval or rejection of the sales contract (See Appendix 21).

E.Incentives to be paid to the mortgagor at closing (See Appendix


22).

F.Termination of the mortgagor's participation in the program (See


Appendix 23).
G.Recommends that the mortgagee accept a deed-in-lieu of
foreclosure (See Appendix 24).

8-3RESPONSIBILITIES OF MORTGAGEE IN THE PRE-FORECLOSURE SALES PROGRAM.


Mortgagees are responsible for:

A.Correct notification procedures (in particular, sending


appropriate notices and contacting mortgagors in only those five
local HUD Office jurisdictions covered by the demonstration);

B.Overall responsiveness and timeliness of the servicing staff to


mortgagors who appear to be entered in, or qualified for, the
pre-foreclosure sale program;

C.Overall mortgagee cooperation with all aspects of the program.

D.Pay the amount or amounts approved by the Program Coordinator for


the discharge of liens or encumbrances and determine that such
liens or encumbrances are discharged or released of record; and,

E.Cancel and surrender the credit instrument to the mortgagor and


satisfy the mortgage of record on receipt of the sales proceeds
available for mortgage satisfaction and a copy of Form HUD-1
approved by the Program Coordinator.

8-4MARKETING THE PROPERTY. A mortgagor who has been accepted as a


participant in the pre-foreclosure sales program is responsible for
selling the property, either through his/her own efforts or through a
real estate agent. The purchase price must be sufficient to provide
at least 90% of the appraised value of the property after expenses of
the transaction unless waived by the local HUD office and the sales
contract must be approved by the Program Coordinator.

The mortgagee will be requested to delay the foreclosure sale during


the period of marketing.

8-5SALES PROCEEDS. Following a successful pre-foreclosure sale, the


closing agent will distribute the sale proceeds as provided in the
sales contract and the approved closing worksheet. The closing agent
will forward to the mortgagee a copy of Settlement Statement, HUD-1,
and the portion of sales proceeds available for satisfaction of the
mortgage. Upon receipt of the portion of sales proceeds available for
mortgage satisfaction and a copy of HUD-1 approved by the Program
Coordinator the mortgagee will satisfy the mortgage. The amount
received will be entered in Item 108 of Part B, Form HUD-27011.

8-6DEED-IN-LIEU OF FORECLOSURE. The Program Coordinator may recommend


to
the mortgagee that a deed-in-lieu of foreclosure be accepted if the
mortgagor is unable to find a qualified buyer for the property
(Exhibit 24). If such recommendation is made, the mortgagee continues
to be responsible for compliance with the requirements of Handbook
4330.1, REV-2, paragraph 9-4, and must transfer good marketable title
to HUD within 30 days after the mortgagee acquired good marketable
title to and possession of the property. The deed may be in the form
of a direct conveyance.
The following additional allowances and expenditures are authorized:

A.$500 payment to the mortgagor as consideration for execution of


the deed-in-lieu. This amount should be entered in Item 305
rather than Item 307 to assure 100% reimbursement.

B.The amount approved by the Program Coordinator and paid by the


mortgagee for the discharge of junior liens. The amount paid
should be entered in Item 309 of Part D.

C.$250 payment to the mortgagee as compensation for administrative


costs relating to the pre-foreclosure sales claim. This amount
should be entered in Item 408, Part E and carried over to Item
129, Part B.

A copy of the Request for Deed-In-Lieu of Foreclosure (Exhibit 24) and


Discharge of Liens (Exhibit 19), if applicable, should be maintained
in the claim review file to support the above payments.

8-7CLAIM TYPE. Within 30 days after the date of the pre-foreclosure


sale
closing the mortgagee must file its claim for insurance benefits on
Form HUD-27011, as provided in this Chapter.

Do not file Form HUD-27050A "Mortgage Insurance Termination" following


the sale.

If the pre-foreclosure sale is not completed and a deed-in-lieu of


foreclosure is accepted or the mortgage is foreclosed, the mortgagee
must file its claim as a conveyance claim (Chapter 2). In such cases,
however, the conveyance claim may include compensation to the
mortgagee for administrative costs (paragraph 8-11), incentive
payments to the mortgagor, payments for lien satisfaction if a
deed-in-lieu is accepted and title search costs.

8-8TIME REQUIREMENTS. The claim for insurance benefits (Parts A and B


of
Form HUD-27011) must be submitted to HUD within 30 days after the date
of the pre-foreclosure sale closing. If the sale proceeds have not
been received from the Closing Agent, an extension of time must be
requested. Failure to comply will result in curtailment of debenture
interest to the date the claim should have been submitted or to the
date extended by HUD.

If the pre-foreclosure sale is unsuccessful or if the Program


Coordinator terminates the mortgagor's participation in the
Pre-foreclosure Sale Program, the mortgagee must initiate foreclosure
no later than 60 days after the date of the termination (Appendix 23)
and must meet the conveyance time requirements (paragraph 2-2).

8-9EXTENSION OF TIME REQUIREMENTS. If the mortgagee cannot comply with


the above requirements for a particular action because of
circumstances beyond its control, it should submit a request for an
extension of time to the local HUD office using form HUD-50012. The
request should be made as soon as possible and must be made before the
time limit for that action expires.
If the pre-foreclosure sale is unsuccessful and the mortgagee cannot
initiate foreclosure or acquire a deed-in-lieu within the time frames
specified because of the delay requested by the Program Coordinator,
the mortgagee must file an Extension Request, Form HUD-50012, with the
Loan Management Branch of the local HUD office. A copy of the
Instructions to Mortgagee (Exhibit 19) and the Termination of
Participation (Appendix 23) must be attached to the Form HUD-50012.
The normal time frames for institution of foreclosure will apply
should the case result in a conveyance to HUD. However, acceptance
into the Pre-foreclosure Sale Program might constitute grounds for
approving an extension request depending on the individual
circumstances of the case. Any legal cost incurred for the
foreclosure related actions, will be reimbursed at the regular
two-thirds rate.

If foreclosure was initiated within the conveyance time requirements


but further action was delayed at the request of the Program
Coordinator, a brief note of the cause of delay should be entered in
the Mortgagee's Comments on Part A and supporting documents should be
retained in the claim review file.

8-10TITLE REQUIREMENT. Since the property is not conveyed to the


Secretary, title evidence procedures are not applicable.

The Program Coordinator may request the mortgagee to obtain a title


search to determine the existence of liens or encumbrances on the
property. If such request is made the mortgagee shall obtain a title
search showing the name and address of the holder, and the amount of
the lien or encumbrance. The cost of the search will be
reimbursed by entry in Item 305.

8-11 INCENTIVE PAYMENTS AND COMPENSATION.

A.Certain payments may be made to the mortgagor at the closing as


incentive for selling the property:

1.$1,500 or 50% of the amount by which the selling price


exceeds the appraised value, whichever is greater, plus

2.$500 if the closing occurs within three months of the date


the mortgagor's application to participate in the
Pre-foreclosure Sales Program has been accepted or $200 if
the closing occurs within four months of such date.

These payments are made at the sales closing by the closing agent
and will reduce the net proceeds of the sale. No entry should be
made in the insurance claim for these payments.

B.If the property is not sold, the mortgagee is authorized to pay


the mortgagor $500 for execution of a deed-in-lieu of foreclosure
which conveys good marketable title to the mortgagee or to HUD.
Such allowance should be entered in Item 305.

C.The mortgagee is authorized to pay an amount approved by the


Program Coordinator for the discharge of liens or encumbrances
which restrict the sale of the property or the acceptance of a
deed-in-lieu under the Pre-foreclosure Sales Program. Such
allowances should be entered in Item 309.

D.The mortgagee is entitled to receive as a part of the insurance


settlement $250 as compensation for administrative costs relating
to each Pre-foreclosure Sale claim, each claim involving a
deed-in-lieu of foreclosure under the Pre-foreclosure Sales
Program and each conveyance claim made because of the termination
of a mortgagor from the PFS program. Such allowance should be
entered in Item 408 of Part E and carried over to Item 129 of
Part B.

8-12DISCHARGE OF LIENS. The Program Coordinator may request the


mortgagee
to pay outstanding liens in order to facilitate the sale of the
property or to perfect the title so that a deed-in-lieu of foreclosure
will be acceptable under the Pre-foreclosure Sales Program. The
request must be in writing (Appendix 20) and must identify the
lien(s).
It may be possible for the mortgagee or the mortgagor to negotiate a
satisfaction or release of a junior lien for less than the full amount
of the lien. The lien holder may be willing to compromise the amount
of the lien to avoid discharge by a foreclosure action. Satisfaction
or release of the lien may permit a pre-foreclosure sale or
deed-in-lieu which would otherwise be unacceptable.

The amount paid by the mortgagee for satisfaction or release of the


lien should be entered in Item 309 of Part D.

8-13PROTECTION AND PRESERVATION OF PROPERTIES. (Applicable only if


property is vacant) The mortgagee is responsible for inspection,
protection and preservation of the property when the mortgage is in
default and a payment is not received within 45 days of the due date.
The responsibility continues until the Program Coordinator instructs
the mortgagee to delay or postpone the foreclosure sale (Appendix 19).
Funds expended for this purpose will be reimbursed on filing Part C
with the application for insurance benefits.

The mortgagee will not be responsible for, and will not be reimbursed
for inspection, protection and preservation of the property after
receiving instructions from the Program Coordinator to delay or
postpone the foreclosure sale, unless specifically requested by the
Program Coordinator.

If the Program Coordinator notifies the mortgagee that the mortgagor's


participation in the program has been terminated (Appendix 23) or
recommends that the mortgagee accept a deed-in-lieu of foreclosure
(Appendix 24), or if the postponement of foreclosure period expires
(Appendix 19), the mortgagee again becomes responsible, and will be
reimbursed for inspection, protection and preservation of the
property. The mortgagee will also be responsible for any damage
suffered by the property after such notice, recommendation or
expiration because of the mortgagee's failure to take action.

8-14REIMBURSABLE COSTS AND EXPENSES. It is anticipated that claims for


the reimbursement of expenses on pre-foreclosure sale claims will be
minimal and that most expenses which are normally incurred when
conveying a property to HUD will not be necessary. However, expenses
which are appropriately advanced by the mortgagee on behalf of the
mortgaged property may be claimed for reimbursement.

A.Disbursements for taxes, assessments, hazard insurance and other


allowable items payable before the date of the pre-foreclosure
sale closing.

B.Costs of foreclosure initiation (subject to the two-thirds


limitation) if foreclosure was initiated and further action was
postponed pending completion of a pre-foreclosure sale.

C.The cost of inspections, protection and preservation actions,


subject to regional limitations, performed prior to acceptance
into the Pre-foreclosure Sales Program if established criteria
required such actions.

D.An amount paid for the release or discharge of liens or


encumbrances with the approval of the Program Coordinator.

E.$250 to be paid to the mortgagee as compensation for


administrative costs. No debenture interest should be computed
on this amount.

F.If the pre-foreclosure sale is successful and the property is


sold, HUD will not pay for any of the following costs incurred by
the mortgagee:

1.Costs to maintain, protect, and preserve the property after


the pre-foreclosure sale closing,

2.Eviction costs, or

3.Any other costs related to the property which were incurred


after the closing date.

8-15HAZARD INSURANCE. There will be no reimbursement from HUD for any


hazard insurance premiums allocated to the period after the
pre-foreclosure sale closing. Otherwise appropriate advances by the
mortgagee for hazard insurance premiums are reimbursable.

8-16SPECIAL FORBEARANCE. If a claim for insurance benefits is filed


pursuant to a default under a special forbearance agreement entered
into between the mortgagee and the mortgagor, the debenture or cash
payment will include all unpaid mortgage interest computed to the
earlier of 90 days following the date the mortgagor failed to meet the
requirements of the forbearance agreement or the date the Program
Coordinator accepts the mortgagor as a participant in the
pre-foreclosure sales program.

8-17DEFICIENCY JUDGMENTS. Mortgagors determined to be eligible for,


and
who participate in the pre-foreclosure sales program, are not to be
pursued for deficiency judgments.

8-18DEBENTURE INTEREST ALLOWANCE. The issue date of debentures, or the


beginning date for computation of the debenture interest allowance if
settlement of the claim is made in cash, will be the date of default
as such term is defined in 24 CFR 203.331, provided the insurance
settlement does not include unpaid mortgage interest resulting from a
default under a special forbearance agreement.

When a default under a special forbearance agreement is involved, the


debentures will be dated, or the debenture interest allowance will be
computed from the last date of the mortgage interest calculation.

When the claim is settled in cash, the cash payment will include an
amount equivalent to the interest the debentures would earn, if they
were issued, at the debenture rate.

Debenture interest will be paid on the unpaid principal balance from


the date of default to the date of the closing of the pre-foreclosure
sale.

Debenture interest continues on the difference between the unpaid


principal balance and the net pre-foreclosure sale proceeds, to the
date of final settlement of the claim.

Further debenture interest is paid on allowable costs and advances


from the date of expenditure to the date of final settlement of the
claim.

If the mortgagee fails to take the actions set forth under "Time
Requirements" within the time specified, or at such further time as
may be approved by HUD in writing, the interest allowance shall be
computed only to the date the particular action should have been taken
or to which it was extended (24 CFR 203.402(k)(2)(ii)).

8-19 CLAIM PAYMENT.

Upon receipt of Parts A and B, Form HUD-27011, and the required


attachments in Headquarters, HUD will pay to the mortgagee the unpaid
principal balance of the mortgage and an amount determined by:

A.Adding the following items:

1.Allowable costs and advances.

2.Debenture interest on the unpaid principal balance from the


date of default to the date of closing of the
pre-foreclosure sale.

3.Debenture interest on allowable costs and advances from the


date of expenditure to the date of closing of the
pre-foreclosure sale.

4.Debenture interest on the difference between the unpaid


principal balance plus allowable costs and advances, less
the net proceeds of the sale, from the date of closing of
the pre-foreclosure sale to the date of claim settlement.

5.$250 to compensate the mortgagee for administrative costs


under the pre-foreclosure sales program.
6.Allowable mortgage interest if the mortgagor failed to meet
the requirements of a special forbearance agreement.

7.Amounts paid to satisfy or release junior liens with the


approval of the Program Coordinator.

B.Deducting the following items:

1.All amounts received by the mortgagee on account of the


mortgage after closing of the pre-foreclosure sale.

2.All amounts received by the mortgagee from any source


relating to the property on account of rent or other income
after deducting handling expenses.

3.All cash retained by the mortgagee for the account of the


mortgagor that have not been applied to reduction of
principal.

4.All amounts received by the mortgagee relating to the sale


of the property.

8-20DOCUMENTS TO BE SUBMITTED. It is very important that all required


documentation be forwarded to the appropriate location in a timely
manner. Failure to meet any of the documentation requirements could
jeopardize all or part of the claim reimbursement. The various
documentation requirements imposed on the mortgagee are designed to
provide critical control and notification functions which enable HUD
to expedite the payment of claim.

All documents must be sent to HUD Headquarters or the local HUD Office
within 30 days of the sale closing date.

A.To HUD Headquarters.

1.The original of Parts A and B.

2.Copies of Parts C, D and E.

3.The original Mortgage Insurance Certificate.

4.A copy of Form HUD-l.

5.A copy of the "special" forbearance agreement, if any.

6.A worksheet showing reallocation of mortgage payments if


capitalization method of accounting is used.

B.To the Local HUD Office:

1.Copies of Parts A and B.

2.The original of Parts C, D and E.

3.A copy of Form HUD-1.

8-21 CLAIM PREPARATION - PRE-FORECLOSURE SALES.


The claim must be completed as described below using HUD Form-27011,
Single Family Application for Insurance Benefits. In order to avoid
delay in payment, the claim must be complete and accurate and contain
all information requested.

In many instances, the instructions for conveyance claims apply


equally in pre-foreclosure sales cases. When this occurs the words
"Same as Conveyance" appear after the Item title and the conveyance
instructions for that item are repeated verbatim for convenience.

If the property is acquired by the mortgagee and conveyed to HUD


(although pre-foreclosure procedures were followed but the sale was
unsuccessful), the claim must be prepared using the conveyance
instructions (Chapter 2). If the property is sold pursuant to the
requirements of the pre-foreclosure sales program, the following
instruction must be used.

Whether the property was sold or acquired by the mortgagee and


conveyed to HUD, if the pre-foreclosure sales procedures were
followed, write in bold letters, preferably colored, across the top of
each part of the form "Pre-foreclosure Sales Program". The purpose of
this addition is to assure special handling for the claim and
appropriate recognition of incentive payments.

Because this program is new, some of the item titles do not adequately
describe the information to be entered. Pending revision of the claim
form, enter information as instructed in this chapter notwithstanding
inaccurate item titles.

A.Instructions for the Completion of HUD Form 27011, Part A,


Initial Application. The following item by item instructions are
to be used when completing HUD Form 27011, Part A, for claims
involving an authorized pre-foreclosure sale.

PART A

INITIAL APPLICATION

Item 1 Claim Type. Enter 07 in the space next to

Items 2
and 3 FHA Case Number and Section of Act Code
(Same as Conveyance). Enter the FHA Case Number
and the appropriate Section of the National
Housing Act ADP code. All mortgages endorsed
since 1962 use the first style shown below, with
three numerals, then a hyphen, then six numerals
(or seven including the check digit). Be sure to
include the hyphen on the claim, whether the claim
is submitted on paper or through electronic data
interchange (EDI), even though CHUMS may omit it.
The three other acceptable FHA case number
formats, for pre-1962 mortgages, are also
illustrated below. All models include the Section
of the Act (SOA) ADP codes. The formatted case
number appears on the MIC or the advanced notice
of S/F Annual MIP unless the case is included in
CHUMS, as in "5" below.

(1) X X X - X X X X X X X X X
FHA Case No. SOA ADP
Code

(2) X X - X X X X X X X X
X
FHA Case No. SOA ADP
Code

(3) X X X X X X - X X X X
X
FHA Case No. SOA ADP
Code

(4) X X X - X X X X X X X
X
FHA Case No. SOA ADP
Code

(5) X X X X X X X X X X X X X
FHA Case No. SOA ADP
Code
(used in CHUMS)

Item 4 Default Reason Code (Same As Conveyance). Enter


the applicable code number from the default
listed below. If code 15 is used, explain the
reason on the reverse of Part A under
"Mortgagee's

CODE REASON

01 =Death of a principal mortgagor


02 =Illness of a principal mortgagor
03 =Illness of mortgagor's family
member

04 =Death of mortgagor's family


member

05 =Marital difficulties
06 =Curtailment of income (Reduction of
income of borrower)

07 =Excessive obligations, same


income,
including habitual nonpayment of
debts

08 =Abandonment of property
09 =Distant employment transfer
10 =Neighborhood problem
11 =Property problem
12 =Inability to sell property
13 =Inability to rent property

14 =Military service

15 =Other reasons (Explain.)

Item 5 Endorsement Date (Same as Conveyance). Enter the


endorsement date that appears on the Mortgage
Insurance Certificate. If the mortgage was
insured before MIC's were issued, enter the
endorsement date that appears on the note.

Item 6 Date Form Prepared. Enter the date this form is


completed and submitted to HUD. To avoid
debenture interest curtailment, Part A must be
submitted within 30 days after the date of the
pre-foreclosure sale closing.

Item 7 Due Date of First Payment to Principal and


Interest (Same as Conveyance). Enter the date the
first payment to Principal and Interest is due.
Obtain this date from the mortgage note.

Item 8 Due Date of Last Complete Installment Paid (Same


as Conveyance). Enter the date the last complete
installment paid was due, not the date it was
paid. This item should be taken from the payment
ledger. If no payments have been made, enter the
date in Item 7 (Due Date of the First Payment to
Principal and Interest). Note that the date in
this item will always be the first of the month.

Item 9 Date of Possession and Acquisition of Marketable


Title. Enter the date the Program Coordinator
accepts the applicant into the PFS Program.

Item 10 Date Deed or Assignment Filed for Record or Date


of Closing or Appraisal. Enter the date of the
pre-foreclosure sale closing.

Item 11 Date Foreclosure Proceedings (a) Instituted or (b)


Date of Deed In Lieu. If foreclosure proceedings
were instituted enter the date. If a deed-in-lieu
is accepted or if foreclosure was completed the
claim must be filed as conveyance.

Item 12 Holding Mortgagee Number (Payee) (Same as


Conveyance). Enter the complete 10-digit
mortgagee number of the holding mortgagee.

Note: This number determines the payee's name


and
the address to which the insurance benefits check
and claim payment data are mailed.

Item 13 Servicing Mortgagee Number (Same as Conveyance).


Enter the complete 10-digit mortgagee number of
the servicing mortgagee.

Note: This number determines the name and


address to which all computer generated
letters and claim payment data is
mailed. Information will be mailed only
to the holding mortgagee if this item is
not completed.

Item 14 Mortgagee Reference Number (Same as Conveyance).


Enter the loan number (maximum 15 digits) used by
the mortgagee for identifying the case if any.
This number will be printed on the benefits check.
If the mortgagee is FNMA or GNMA, the FNMA or GNMA
loan number must be entered.

Item 15 Original Mortgage Amount (Same as Conveyance).


Enter the original mortgage amount. This figure
should be taken from the mortgage note. If there
has been a recast of the mortgage, make a notation
of the recasting on the reverse side of Part A
under "Mortgagee's Comments" and make reference to
24 CFR 203.342.

Item 16 Holding Mortgagee EIN. Not applicable.

Item 17 Unpaid Loan Balance as of Date in Item 8 (Item 11


if coinsurance) (Same as Conveyance). Enter the
unpaid mortgage balance after crediting the last
complete monthly installment paid. This figure is
taken from the mortgagee's payment ledger.
Partial payments insufficient to complete a full
monthly installment are to be reported in Part B,
Item 109 as escrow funds.

Item 18 Date of Firm Commitment (Same as Conveyance).


Enter the date of the firm commitment. This date
should be taken from the firm commitment document,
if available. The debenture interest rate is
determined by the firm commitment date or the date
of endorsement, whichever yields the higher rate.
If the case was insured under the Direct
Endorsement Program or the commitment date is not
available, this item must be left blank. Direct
endorsement mortgages may be identified by
the suffix code 700 through 799. Do not enter a
date here if this is a Direct Endorsement or a
converted coinsurance loan.

Item 19 Expiration Date of Extension to Foreclose/ Assign.


Not applicable.

Item 20 Date of Notice/Extension to Convey. Enter date of


approved extension to submit claim.

Item 21 Date of Release of Bankruptcy, If Applicable (Same


as Conveyance). Enter the date the bankruptcy
stay or the local law prohibition was released.
Note: When there is more than one bankruptcy, and
the mortgagee is entitled to a 60 day extension to
begin foreclosure, enter the release date which
applies to the extension.

* Item 22 Is Property Vacant? Yes or No - Indicate the


occupancy status as of the date in Item 9.

Item 23 If Item 22 is "No," Date of Local HUD Office


Approval - Not applicable.

Item 24 Is Property Conveyed Damaged? Yes or No - Not


applicable.

Item 25 If Item 24 is "Yes," Date of (a) Local HUD Office


Approval (Pursuant to 203.379(a)) or (b)
Certification (pursuant to 203.379(b)) - Not
applicable.

Item 26 Type of Damage. Not applicable.

Item 27 Recovery or Estimate of Damage. Not applicable.

Item 28 Is Mortgagee Successful Bidder? Yes or No - Not


applicable.

Item 29 Deficiency Judgment Code. Not applicable.

Item 30 Authorized Bid Amount. Enter the selling price of


the property from HUD-1.

Item 31 Mortgagee Reported Curtailment Date (Same as


Conveyance). Not applicable.
Item 32 Schedule of Tax Information. Not applicable.

Item 33 Mortgagor's Name and Property Address (Same as


Conveyance). - Enter the name of the mortgagor in
default as it appears on the ledger record. Enter
the property address as it appears on the security
instrument or the mortgage insurance certificate.

Enter the social security numbers of all


mortgagors, if known. At least one social
security number is required.

Item 34 Brief Legal Description of Property. Enter a


brief description of the property. This
information is found on the mortgage.

Item 35 Name and Address of Mortgagee (Same as


Conveyance). Enter the name and address of the
mortgagee, including the ZIP code.

Item 36 Name and Address of Mortgagee's Servicer (Same as


Conveyance). Enter the name and address of the
mortgagee's servicer, including the ZIP code, if
applicable. Include the name and telephone number
of a contact person who can answer questions about
the claim.

Items 37
and 38 Mortgagee Official Signature, Date and Title. and
Servicer Signature, Date and Title (Same as
Conveyance). The claim must be signed and dated
by an official of the holding mortgagee if the
holding mortgagee is filing the claim. If a
servicer is filing the claim on behalf of the
mortgagee, an official of the servicer must sign
and date the form. The application must be
complete when signed and the actual date signed
must be entered by the signing official. The
application will be returned if it is not signed
or if it contains a stamped or duplicated
signature.

Note to signing official: Please be sure you have read and understand
the
certifications on the HUD Form-27011 before
signing and dating. If your system prints the
date in items 37 and 38, check to ensure this is
the date you are signing the form. Also check the
submission date in item 6 to ensure it does not
reflect an earlier date. The date in item 6
should be the same date as item 37 or item 38.*

Item 39 Amount of Monthly Payment to: (a) FHA insurance,


(b) Taxes, (c) Hazard Insurance and (d) Interest
and Principal. Not applicable.

Item 40 If Bankruptcy Filed, Enter Date. Enter the date


of the last bankruptcy action. This is required
if Item 21 is completed.

Item 41 If Conveyed/Assigned Damaged, Date Damage


Occurred. Not applicable.

Item 42 Date HIP Cancelled or Refused, if Applicable. Not


applicable.

Item 43 Number of Living Units. Not applicable.

Item 44 Status of Living Units. Not applicable.

Mortgagee's Comments, if Any. Use this area to justify unusual


circumstances as well as other information required by the
instructions. Enter the name and phone number of the Program
Coordinator

HUD's Comments, if any. HUD USE ONLY.

B.Instructions for the Completion of HUD Form 27011, Part B, Fiscal


Data. The following item-by-item instructions are to be used
when completing HUD Form 27011, Part B, for pre-foreclosure sales
cases. Prepare this Part after Parts C, D and E have been
completed. The information entered in this part is transferred
from those parts.

PART B

FISCAL DATA

Item 100 Mortgagor's Name and Property Address (Same as


Conveyance). Enter the mortgagor's name and
property address as they appear in Item 33 of Part
A.

Items 101
and 102 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA Case Number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 103 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's Reference Number as it
appears in Item 14 of Part A.

Item 104 Date Form Prepared. Enter the date Parts A and B
are prepared and submitted to HUD.

Item 105 Expiration Date to Submit Title Evidence, if


Applicable. Not applicable.

Item 106 Check if Supplemental. Not applicable.

Item 107 Adjustment to Loan Balance (if different from


block 17 on Part A). Not applicable.

Item 108 Sale/Bid Price or Appraisal Value (for


Coinsurance
or Nonconveyances). Enter the amount of proceeds
received from the Closing Agent.

Item 109 Escrow Balance (as of Date in Block 10, Part A).
Enter amount remaining in escrow account as of the
date of the pre-foreclosure sale closing. Also
include any funds received on account of the
mortgage which have not been applied to reduce the
indebtedness, e.g., partial payments, hazard
insurance refunds, buydown monies, funds held in
escrow for on-site repairs (pursuant to Form
HUD-92300, Assurance of Completion Agreement). DO
NOT SEND ESCROW FUNDS TO HUD. (CONFIRM IF THE
ESCROW BALANCE WAS INCLUDED IN THE FUNDS RETAINED
TO SATISFY THE MORTGAGE)

See Item 123 for unapplied Section 235


assistance payments.
Payment of expenses for which funds are
escrowed shall be charged to the escrow
account in full or in part until the escrow
account balance equals zero. Expenses paid
from available escrow funds are not to be
recorded on Part D.

DO NOT ENTER A NEGATIVE BALANCE. Advances by


the mortgagee for expense payments normally
charged to the escrow account shall be
recorded under Part D, Items 305 or 311, as
appropriate. When the first occurrence of an
expense results in a negative balance to
escrow, enter the negative amount in Item 305
or 311, whichever is appropriate. Interest
on advances shall be computed from the date
of disbursement to the date the claim is
mailed. If there were any advances from
escrow prior to the date of default, interest
is calculated from the date of default.

Illustration of Mortgagee Advances:

Date Date Escrow Due


Paid Interest Principal Escrow Balance

Balance Forward . . . . . . . . . . . . . $151.60


1/01/83 2/03/83 $73.32 $21.07 $70.69 222.29
8/03/83 198.98- 23.31
12/11/83 51.19- (27.88)/1

Item 110 Total Disbursements for Protection and


Preservation from Line 264, Part C. Enter the
total amount appearing in Part C, Item 264.

Item 111 Total Disbursements from line 305, Part D. Enter


the total amount appearing in Part D, Item 305.

Item 112 Attorney/Trustee Fees Paid From Line 306, Part D.


Enter the total amount appearing in Part D, Item
306.

Item 113 Foreclosure, Acquisition, Conveyance and Other


Costs from Line 307, Part D. Enter the total
amount appearing in Part D, Item 307.

Item 114 Bankruptcy Fee (if applicable) from Line 310,


Part
D. Enter the amount of bankruptcy fees appearing
in Part D, Item 310.

Item 115 Rental Income. Enter any income from the rent of
the property between the date of default and the
date of pre-foreclosure sales closing.

Item 116 Rental Expense (Same as Conveyance). Enter


rental
expenses incurred, if any. If there is no entry
in Item 115, make no entry in this item.

Item 117 Total Taxes on Deed from Line 308, Part D. Not
applicable.

/1First amount to be entered on Part D, Item 305 or 311, as applicable.


Interest should only be calculated on $27.88, not the $51.19.

Item 118 Recovery or Damage (if not reported on Part A).


Use Line 119 if Reported on Part A. Not
applicable.

Item 119 Estimate or Recovery from Part A. Not


applicable.

Item 120 Special Assessments (DO NOT USE FOR COINSURANCE)


from Line 3O9, Part D (Same as Conveyance). Enter
the total amount paid and debenture interest which
appear in Item 309, Part D.

Item 121 Mortgage Note Interest. Mortgage note interest


will be included in the insurance benefits if a
mortgagor fails to meet the requirements of a
special forbearance agreement and the failure
continues for at least 60 calendar days.

From. Enter the date of the last completely paid


installment after all funds received under the
agreement are applied according to the terms of
the mortgage (Item 8, Part A). If no mortgage
payments were made, enter a date 30 days prior to
the due date of the first scheduled payment (Item
7, Part A).

To. Enter the earliest of the following dates:

1.the date of sales closing,

2.90 calendar days following the date the


mortgagor fails to meet the requirements of
the forbearance agreement, or

3.the date the Program Coordinator


accepts the
mortgagor as a participant in the
Pre-foreclosure Sales program.

Rate. Enter the mortgage interest rate as it


appears on the mortgage note. Show fractions in
decimals to three places.

Computation method. To obtain the amount of


accrued mortgage interest due, multiply the Daily
Interest Rate Factor by the amount of the unpaid principal
balance. The Daily Interest Rate Factor is
provided in Appendix 8. This result is then
multiplied by the number of days from the due date
of the last completely paid installment to the
date selected as the "ending date". To assist in
determining the number of days refer to the Julian
Date Calendars provided in Appendix 9.

Item 122 Mortgage Insurance Premiums (Same as Conveyance).


Enter total from Item 311, Part D.

Item 123 Unapplied Section 235 Assistance Payments (Same


as
Conveyance). Enter unapplied assistance payments
in Column A, if applicable.

Item 124 Overpaid Section 235 Assistance Payments (Same as


Conveyance). Enter the amount of any funds
advanced by the mortgagee to repay to HUD
assistance to which the mortgagor was not entitled
and which was not recovered from the mortgagor,
unless the overpayment was the result of error on
the part of the mortgagee. Amount is to be
entered in Column B. Do not calculate debenture
interest for Column C.

Items 125 Overhead Costs. Not applicable.

Item 126 Uncollected Interest (Approved Forbearance


Agreements Only). Not applicable.

Item 127 Amount Due from Buyer at Closing or at Appraisal


Notice Date (From Line 406, Part E). Not
applicable.

Item 128 Amount Owed to Buyer at Closing or at Appraisal


Notice Date (From Line 407, Part E). Not
applicable.

Item 129 Additional Closing Costs at Settlement. Enter


the
"Total" from Line 408, Part E.

NOTE: Do not calculate debenture interest on the


administrative fee. Mortgagees are not entitled
to debenture interest on this item.

Items 130
and 131 Not Applicable.

Item 133 Contact: Holding Mortgagee, Name and Telephone


Number; or Contact: Servicing Mortgagee, Name and
Telephone Number (Same as Conveyance). Enter the
name and telephone number of a person in the
holding or servicing mortgagee's office who can
answer questions concerning the information
reported on this claim form. Include the Holding
Mortgagee number which you entered in Item 12 of
Part A.
Items 134
to 136 Enter the totals of Columns A - Deductions; B -
Additions; and C - Interest.

Item 137 Net Claim Amount (Columns B - A + C). The net


claim amount calculated by the mortgagee will
differ from the actual amount HUD will pay due to
possible interest curtailment, disallowed
expenses, and additional debenture interest
calculated to the date of claim settlement.

Items 138
and 139 Mortgagee's Official Signature, Date and Title
(signature not necessary if signed by a servicer)
and Servicer Signature, Date, and Title. Enter a
signature in at least one of these blocks.

C.Instructions for the Completion of HUD Form 27011, Part C,


Support Document.

There should be no entry in Part C unless inspections,


preservation or protection costs were incurred before the
mortgagee was instructed to delay or postpone the foreclosure
sale.

Any debenture interest calculated on such expenses should run


from the date of expenditure or default, if later, to the date of
the pre-foreclosure sale closing.

D.Instructions for the Completion of HUD Form 27011, Part D,


Support Documentation (Continuation 1).

The following item-by-item instructions are to be used when


completing Form HUD-27011, Part D, for pre-foreclosure claims.
The general instructions for the preparation of Part D in
conveyance claims are applicable in pre-foreclosure cases except
that the property is not conveyed to the Secretary.

Expenditures may be entered on Part D as they occur, however,


debenture interest calculations should not be made until the date
of claim submission because interest allowance will be computed
from the date of expenditure or default if later, to the date of
the pre-foreclosure sale closing.

Date Paid. A separate entry must be made for each payment.


Enter the date the check was disbursed. If an expenditure
or advance was made prior to the date of default, enter the
date of default and enter the actual date paid in
parentheses following the description.

Description of Service Performed. Enter a description of


the items or types of services performed. Additional space
is provided on the reverse of the form.

Amount Paid. Actual payment amounts are to be entered.


This information will be transferred to Part B, Fiscal Data.
Debenture Interest. To obtain the amount of interest due on
an expenditure, multiply the daily interest rate factor by
the amount paid. Multiply this result by the number of days
from the date paid for each line item to the date of closing
of the pre-foreclosure sale (Item 10, Part A). Daily
Interest Rate Factor tables are provided in Appendix 8 to
assist in converting the debenture interest rates. In
addition, Julian date calendars are provided in Appendix 9
to assist in determining the number of days from the date
the expenditure was paid to the date of the pre-foreclosure
sale closing or the curtailment date.

Total the "Amount Paid" and "Debenture Interest" columns.

PART D

SUPPORT DOCUMENT (Continuation 1)

Items 300
and 301 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 302 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 303 Debenture Interest Rate (Same as Conveyance).


Using the Debenture Interest Rate Table provided
in the Appendix 4, determine the rate at the date
of firm commitment and the rate at the date of
endorsement, then enter the higher rate. In
Direct Endorsement cases, enter the rate in effect
on the date of endorsement.

Item 304 Date (Same as Conveyance). Enter the date


entered
in Part B, Item 104 if all actions taken by the
mortgagee are within the time requirements or the
automatic extensions specified in Paragraph 2-13
or within the extended time requirements (See
Paragraph 1-3). If the mortgagee failed to comply
with a time requirement (including actions
reported in Part A) or its approved extension,
enter the date the action should have been taken.
Debenture interest will be computed to this date.
If there was more than one failure, enter the
earliest date on which a required action should
have been taken (See paragraph 2-5c).

Item 305 Disbursements for HIP, Taxes, Ground Rents and


Water Rates (which were liens prior to mortgage),
Eviction Costs and Other Disbursements Not Shown
Elsewhere. (Do not include any penalties for late
payment). Itemize
all disbursements in these categories including
for each item the date paid, the period covered,
the description, and the amount paid. Enter the
costs of title search and other fees related to
the pre-foreclosure sale. Do not include
disbursements which were paid from available
escrow funds or sale proceeds. No expense should
be incurred after the date of sale closing, unless
the local HUD office instructs you to take an
action. See explanation for escrow account, Part
B, Item 109.

Item 306 Attorney/Trustee Fee. Itemize the fees paid to


attorneys in connection with the initiation of
foreclosure action, if any. Do not enter fees for
bankruptcy or eviction. HUD WILL CALCULATE THE
TWO-THIRDS ALLOWANCE (24 CFR 203.402).

Item 307 Foreclosure and/or Acquisition, Conveyance and


Other Costs. Enter all disbursements required to
vest title to the property in the name of the
purchaser. If additional space is needed, attach
a separate sheet to Part D. HUD WILL CALCULATE
THE TWO-THIRDS ALLOWANCE FOR EXPENSES AND INTEREST
(24 CFR 203.402).

Item 308 Taxes on Deed. Not applicable.

Item 309 Special Assessments (Do not use for Coinsurance,


see Part E). For each item in this category,
enter the date the lien was attached or would be
attached. Do not include any special assessments
which became liens before the mortgage was
endorsed for insurance, if not noted in the
application for insurance. Enter disbursements
made with the approval of the Program Coordinator
for the release or satisfaction of junior liens.

Item 310 Bankruptcy (Same as Conveyance). Itemize the


bankruptcy fees paid. There must be an entry in
Item 40. HUD WILL CALCULATE THE TWO-THIRDS
ALLOWANCE FOR EXPENSES AND INTEREST (24 CFR
203.402).

Item 311 Mortgage Insurance Premiums. Itemize all MIP


disbursements, including the period covered. Only
include the "advanced" MIP disbursements paid
after the due date of the last completely paid
installment to the date of closing.

E.Instructions for the Completion of HUD Form 27011, Part E Support


Document (Continuation 2). Part E is to be completed for a
pre-foreclosure sale to claim the $250 administrative fee only.
No other items on this Part should be completed.
PART E

SUPPORT DOCUMENT (Continuation 2)

Items 400
and 401 FHA Case Number and Section of Act Code (Same as
Conveyance). Enter the FHA case number and
Section of the Act Code as they appear in Items 2
and 3 of Part A.

Item 402 Mortgagee's Reference Number (Same as


Conveyance).
Enter the mortgagee's reference number as it
appears in Item 14 of Part A.

Item 403 Debenture Interest Rate. Not applicable.

Item 404 Date. Enter the date entered in Part B in Item


104 if all actions taken by the mortgagee are
within the time requirements or the automatic
extensions specified in Paragraph 2-13 or within
the extended time requirements (See Paragraph
1-3). If the mortgagee failed to comply with a
time requirement (including actions reported in
Part A) or its approved extension, enter the date
the action should have been taken. Debenture
interest will be computed to this date. If there
was more than one failure, enter the earliest date
on which a required action should have been taken
(See paragraph 2-5c).

Items 405
thru 407 Overhead Costs; Amounts Due from Buyer at Closing;
Amounts Owed to Buyer at Closing. Not applicable.

Item 408 Additional Closing Costs. Enter the $250


administrative fee (Carry over to Part B, Item
129).

Item 409 Appraisal Fee. Not applicable.

Item 410 Deficiency Judgement Costs/Fees. Not applicable.

Items 411
and 412 Reserved.
Appendix 1

_______________________________________________________________________
____

Single-Family Application
for Insurance Benefits

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4330.4 REV-1 CHG-1

Appendix 1
_______________________________________________________________________
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Part A, cont.

_______________________________________________________________________
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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)

Part A

Appendix 1

2 of 7

_______________________________________________________________________
____

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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)
Part A, cont.

Appendix 1

3 of 7

_______________________________________________________________________
____

Single-Family Application
for Insurance Benefits

Part B Fiscal Data

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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)

Part B

Appendix 1

4 of 7

_______________________________________________________________________
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Single-Family Application
for Insurance Benefits
Part C Support Document

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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)

Part C

Appendix 1

5 of 7

_______________________________________________________________________
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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)

Part C, con't.

Appendix 1

6 of 7

_______________________________________________________________________
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Single-Family Application
for Insurance Benefits

Part D Support Document (Continuation 1)

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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)
Part D

Appendix 1

7 of 7

_______________________________________________________________________
____

Single-Family Application
for Insurance Benefits

Part E Support Document (Continuation 2)


Use this form when filing for Coinsurance or Nonconveyances

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ref Handbooks 4330.4 & 4310.5 form HUD-27011 (5/93)
Appendix 2: Conveyance Partial Payment

1 of 8

Conveyance Partial Payment

DEAR SIR OR MADAM:

SUBJECT: FHA CASE NO. ADVICE OF PAYMENT

PROPERTY ADDRESS:
MORTGAGOR NAME :
SERVICERS' NAME :

PAYMENT TYPE : PARTIAL MORTGAGEE REF. NO:

SECTION OF THE ACT: 0203 CLAIM TYPE : CONVEYANCE


SETTLEMENT DATE : 06/10/94 SCHEDULE NUMBER : 0170C
DATE CLAIM REC'D : 06/06/94 DUE DATE LAST INSTALLMENT: 06/01/93

(LINE NO.) ****DESCRIPTION**** DEDUCTION EXPENSE INTEREST


RATE

(017) UNPAID PRINCIPAL BALANCE 134.353.74


(107) ADJUSTED LOAN BALANCE
(108) SALE/BID/APPRAISAL VALUE
(109) ESCROW BALANCE
(110) TOTAL DISBURSEMENTS P&P
(111) TOTAL DISBURSEMENTS
(112) ATTORNEY/TRUSTEE FEES PD
(113) FORECL., ACQUIS., CONVY.
(114) BANKRUPTCY FEE
(115) RENTAL INCOME
(116) RENTAL EXPENSE
(117) TOTAL TAXES ON DEED
(27 OR 118) AMOUNT OF DAMAGE
(119) ADJUSTED DAMAGE
(120) SPECIAL ASSESSMENTS
(121) MORTGAGE NOTE INTEREST
FORBEARANCE (COINS. ONLY)
(122) MORT. INSURANCE PREMIUM
(123) UNAPPLIED 235 ASSISTANCE
(124) OVERPAID 235 SUBSIDY
(125) OVERHEAD COST
(126) UNCOLLECTED INTEREST
(127) AMOUNT DUE FROM BUYER
(128) AMOUNT OWED TO BUYER
(129) CLOSING COSTS/ADMIN FEE
(130) APPRAISAL FEE
(131) DEF. JUDGMT COST & FEES
(999) COINSURANCE RESERVE AMT
INT. FROM 08/01/93 TO 06/10/94 14,689.65
.127500

TOTALS 0.00 134,353.74 14,689.65


FHA SETTLEMENT AMOUNT: 149,043.39
LESS OFFSET AMOUNT: 0.00
LESS RESERVE AMT (COINS): 0.00
___________
FHA DEBENTURE PAYMENT: 0.00
FHA CASH PAYMENT: 149,043.39

Appendix 2

2 of 8

SUBJECT: FHA CASE NO: ADVICE OF PAYMENT ADJUSTMENTS


MTGEE REF NO: SCHED: 0170C STTLDT: 06/10/94

ADJUSTMENTS HAVE BEEN MADE TO YOUR CLAIM FOR THE REASONS SHOWN BELOW:

ITEM NO: REASONS:

If you have any questions, please call (703) 235-9102.

Appendix 2

3 of 8

Conveyance Final Payment

DEAR SIR OR MADAM:

SUBJECT: FHA CASE NO. ADVICE OF PAYMENT

PROPERTY ADDRESS:
MORTGAGOR NAME :
SERVICERS' NAME :

PAYMENT TYPE : FINAL MORTGAGEE REF. NO:

SECTION OF THE ACT: 0203 CLAIM TYPE : CONVEYANCE


SETTLEMENT DATE : 07/28/94 SCHEDULE NUMBER : 0203C
DATE CLAIM REC'D : 07/25/94 DUE DATE LAST INSTALLMENT:

(LINE NO.) ****DESCRIPTION**** DEDUCTION EXPENSE INTEREST


RATE

(017) UNPAID PRINCIPAL BALANCE


(107) ADJUSTED LOAN BALANCE
(108) SALE/BID/APPRAISAL VALUE
(109) ESCROW BALANCE 676.00
(110) TOTAL DISBURSEMENTS P&P 910.75 17.63
.127500
(111) TOTAL DISBURSEMENTS 4,656.53 212.02
.127500
(112) ATTORNEY/TRUSTEE FEES PD 200.00 14.67
.127500
(113) FORECL., ACQUIS., CONVY. 674.40 32.72
.127500
(114) BANKRUPTCY FEE
(115) RENTAL INCOME
(116) RENTAL EXPENSE
(117) TOTAL TAXES ON DEED
(27 OR 118) AMOUNT OF DAMAGE
(119) ADJUSTED DAMAGE
(120) SPECIAL ASSESSMENTS
(121) MORTGAGE NOTE INTEREST
FORBEARANCE (COINS. ONLY)
(122) MORT. INSURANCE PREMIUM 375.54 18.56
.127500
(123) UNAPPLIED 235 ASSISTANCE
(124) OVERPAID 235 SUBSIDY
(125) OVERHEAD COST
(126) UNCOLLECTED INTEREST
(127) AMOUNT DUE FROM BUYER
(128) AMOUNT OWED TO BUYER
(129) CLOSING COSTS/ADMIN FEE
(130) APPRAISAL FEE
(131) DEF. JUDGMT COST & FEES
(999) COINSURANCE RESERVE AMT
INT. FROM 07/22/94 TO 07/28/94 12.87
.127500

TOTALS 676.00 6,817.22 308.47

FHA SETTLEMENT AMOUNT: 6,449.69


LESS OFFSET AMOUNT: 0.00
LESS RESERVE AMT (COINS): 0.00
__________
FHA DEBENTURE PAYMENT: 0.00
FHA CASH PAYMENT: 6,449.69

Appendix 2

4 of 8

SUBJECT: FHA CASE NO: ADVICE OF PAYMENT ADJUSTMENTS


MTGEE REF NO: SCHED: 0203C STTLDT: 07/28/94

ADJUSTMENTS HAVE BEEN MADE TO YOUR CLAIM FOR THE REASONS SHOWN BELOW:

ITEM NO: REASONS:

If you have any questions, please call (703) 235-9102.

Appendix 2

5 of 8

Assignment - Full Payment

DEAR SIR OR MADAM:

SUBJECT: FHA CASE NO. ADVICE OF PAYMENT


PROPERTY ADDRESS:
MORTGAGOR NAME :
SERVICERS' NAME :

PAYMENT TYPE : FULL MORTGAGEE REF. NO:

SECTION OF THE ACT: 0734 CLAIM TYPE : ASSIGNMENT


SETTLEMENT DATE : 03/10/94 SCHEDULE NUMBER : 0106C
DATE CLAIM REC'D : 03/04/94 DUE DATE LAST INSTALLMENT: 05/01/93

(LINE NO.) ****DESCRIPTION**** DEDUCTION EXPENSE INTEREST


RATE

(017) UNPAID PRINCIPAL BALANCE 79,356.12


(107) ADJUSTED LOAN BALANCE
(108) SALE/BID/APPRAISAL VALUE
(109) ESCROW BALANCE
(110) TOTAL DISBURSEMENTS P&P
(111) TOTAL DISBURSEMENTS 1,936.41
(112) ATTORNEY/TRUSTEE FEES PD
(113) FORECL., ACQUIS., CONVY. 13.00
(114) BANKRUPTCY FEE
(115) RENTAL INCOME
(116) RENTAL EXPENSE
(117) TOTAL TAXES ON DEED
(27 OR 118) AMOUNT OF DAMAGE
(119) ADJUSTED DAMAGE
(120) SPECIAL ASSESSMENTS
(121) MORTGAGE NOTE INTEREST 5,739.73
.100000
FORBEARANCE (COINS. ONLY)
(122) MORT. INSURANCE PREMIUM 203.87
(123) UNAPPLIED 235 ASSISTANCE
(124) OVERPAID 235 SUBSIDY
(125) OVERHEAD COST
(126) UNCOLLECTED INTEREST
(127) AMOUNT DUE FROM BUYER
(128) AMOUNT OWED TO BUYER
(129) CLOSING COSTS/ADMIN FEE
(130) APPRAISAL FEE
(131) DEF. JUDGMT COST & FEES
(999) COINSURANCE RESERVE AMT
INT. FROM 03/01/94 TO 01/20/94

TOTALS 0.00 81,509.40 5,739.73

FHA SETTLEMENT AMOUNT: 87,249.13


LESS OFFSET AMOUNT: 0.00
LESS RESERVE AMT (COINS): 0.00
__________
FHA DEBENTURE PAYMENT: 0.00
FHA CASH PAYMENT: 87,249.13

Appendix 2
6 of 8

SUBJECT: FHA CASE NO: ADVICE OF PAYMENT ADJUSTMENTS


MTGEE REF NO: SCHED: 0106C STTLDT: 03/10/94

ADJUSTMENTS HAVE BEEN MADE TO YOUR CLAIM FOR THE REASONS SHOWN BELOW:

ITEM NO: REASONS:

20.THE DATE IN ITEM 10 IS MORE THAN 30 DAYS AFTER THE DATE


IN ITEM 20. INTEREST IS CURTAILED TO THE DATE IN ITEM 20
PLUS 30 DAYS.

IF YOU ENTERED DEBENTURE INTEREST IN COLUMN C, IT HAS BEEN DISALLOWED.

HUD HAS CALCULATED THE DEBENTURE INTEREST YOU ARE DUE.


IF YOU CLAIMED AMOUNTS IN COLUMNS A OR B WHICH WERE NOT PAID,
THE COSTS WERE NOT ALLOWABLE FOR ASSIGNMENTS.

If you have any questions, please call (703) 235-9102.

Appendix 2

7 of 8

Supplemental Payment

DEAR SIR OR MADAM:

SUBJECT: FHA CASE NO. ADVICE OF PAYMENT

PROPERTY ADDRESS:
MORTGAGOR NAME :
SERVICERS' NAME :

PAYMENT TYPE : SUPPLEMENTAL MORTGAGEE REF. NO:

SECTION OF THE ACT: 0703 CLAIM TYPE : CONVEYANCE


SETTLEMENT DATE : 04/06/94 SCHEDULE NUMBER : 0125C
DATE CLAIM REC'D : 05/07/93 DUE DATE LAST INSTALLMENT: 11/01/91

(LINE NO.) ****DESCRIPTION**** DEDUCTION EXPENSE INTEREST


RATE

(017) UNPAID PRINCIPAL BALANCE


(107) ADJUSTED LOAN BALANCE
(108) SALE/BID/APPRAISAL VALUE
(109) ESCROW BALANCE
(110) TOTAL DISBURSEMENTS P&P
(111) TOTAL DISBURSEMENTS 173.00
(112) ATTORNEY/TRUSTEE FEES PD
(113) FORECL., ACQUIS., CONVY.
(114) BANKRUPTCY FEE
(115) RENTAL INCOME
(116) RENTAL EXPENSE
(117) TOTAL TAXES ON DEED
(27 OR 118) AMOUNT OF DAMAGE
(119) ADJUSTED DAMAGE
(120) SPECIAL ASSESSMENTS
(121) MORTGAGE NOTE INTEREST
FORBEARANCE (COINS. ONLY)
(122) MORT. INSURANCE PREMIUM
(123) UNAPPLIED 235 ASSISTANCE
(124) OVERPAID 235 SUBSIDY
(125) OVERHEAD COST
(126) UNCOLLECTED INTEREST
(127) AMOUNT DUE FROM BUYER
(128) AMOUNT OWED TO BUYER
(129) CLOSING COSTS/ADMIN FEE
(130) APPRAISAL FEE
(131) DEF. JUDGMT COST & FEES
(999) COINSURANCE RESERVE AMT
INT. FROM 01/01/92 TO 00/00/00

TOTALS 0.00 173.00 0.00

FHA SETTLEMENT AMOUNT: 173.00


LESS OFFSET AMOUNT: 0.00
LESS RESERVE AMT (COINS): 0.00
_________
FHA DEBENTURE PAYMENT: 0.00
FHA CASH PAYMENT: 173.00

Appendix 2

8 of 8

SUBJECT: FHA CASE NO: ADVICE OF PAYMENT ADJUSTMENTS


MTGEE REF NO: SCHED: 0125C STTLDT: 04/06/94

ADJUSTMENTS HAVE BEEN MADE TO YOUR CLAIM FOR THE REASONS SHOWN BELOW:

ITEM NO: REASONS:

HIP REFUND.

If you have any questions, please call (703) 235-9102.


APPENDIX 3: ERRORS FREQUENTLY MADE IN PREPARING CLAIMS

Mortgagees can avoid the inconvenience and expense resulting from


erroneous
entries on the claim form by determining that all entries and
computations
are correct before the claim is submitted. The following are the types
of
errors most frequently found in mortgagee claim reviews.

1. Incorrect dates. More than half of the reimbursement demanded by


HUD
because of overpayment of mortgage insurance claims involve
incorrect
dates entered on the claim form.

Item 6 - Date Form Prepared

In some cases, the date of receipt of the Part A demonstrates


that the
mortgagee entered the date the deed was filed for record rather
than
the date of preparation and submission of Part A.

Item 8 - Due Date of Last Complete Installment Paid

Some mortgagees either transcribe the wrong date from the ledger or
incorrectly compute the date resulting in an erroneous date of
default.

Item 9 - Date of Possession and Acquisition of Marketable Title

Some mortgagees have incorrectly entered the date of the foreclosure


sale, the date the property was secured, the date of vacancy
although
title had not been obtained or the date the redemption period
began.

Item 10 - Date Deed Filed for Record

Some mortgagees have incorrectly entered the date the deed was mailed
to the attorney, the date the redemption period expired, or the date
Part A of the claim form was prepared.

Item 11 - Date Foreclosure Proceedings Instituted

Some mortgagees have incorrectly entered the date the case was
referred to an attorney for foreclosure; the date the Mortgagor was
notified, or the date a committee recommended foreclosure.

2 of 3

Item 18 - Date of Firm Commitment

Some mortgagees fail to enter a date although the case is not in the
Direct Endorsement Program or enter an incorrect date resulting in an
incorrect debenture interest rate.

Item 19 - Date of Extension to Foreclosure

Some mortgagees have entered an extension date without obtaining HUD


approval or meeting the extension requirements.

Item 20 - Date of Extension to Convey

Some mortgagees have entered an extension date without obtaining prior


HUD approval.

Item 21 - Date of Release of Bankruptcy

Some mortgagees have incorrectly entered the date it learned of the


release rather than the date of release, or entered a release date
when the bankruptcy did not prevent timely foreclosure initiation or
prosecution.

2.Hazard Insurance Recovery. Some mortgagees have failed to report


actual or estimated hazard insurance recoveries in Item 27, resulting
in an overpayment of insurance benefits.

3.Debenture interest is computed to the date in Item 104 when an


earlier
time frame was missed.

4.Debenture interest is computed from the date of an advancement


although the mortgage was not in default.

5.Excessive or inappropriate protection and preservation expenses were


claimed without prior HUD approval.

6.Protection and preservation expenses were incurred after the property


was conveyed to HUD.

7.Incorrect amounts were entered in the escrow account in Item 109.

Some mortgagees have claimed disbursements in Items 305 and 311 when
they were paid from the escrow account, claimed advances in Item 305
when escrow funds were available, deducted non-escrow disbursements
from the escrow account or failed to enter the escrow balance, buydown
and unapplied funds, or hazard insurance premium refunds in Item 109.

3 of 3

8.Incorrect Entry of Disbursement Amounts in Item 305

Claims have been made for taxes paid after conveyance to HUD resulting
in double payment or for other expenses incurred after conveyance, for
penalties and interest on disbursements and attorney fees and
foreclosure costs which should have been claimed in Items 306 or 307
for two-thirds reimbursement.
APPENDIX 4: DEBENTURE INTEREST RATES

DEBENTURE INTEREST RATES


APPENDIX 4

FROM TO RATE

March 1, 1941 May 14, 1950 2.750%


May 15, 1950 March 22, 1953 2.500%
March 23, 1953 July 7, 1953 2.750%
July 8, 1953 May 28, 1954 3.000%
May 29, 1954 August 31, 1954 2.750%
August 9, 1954 August 31, 1954 2.750%
September 1, 1954 December 31, 1954 2.500%
January 1, 1955 June 30, 1955 2.625%
July 1, 1955 June 30, 1956 2.875%
July 1, 1956 December 31, 1956 3.000%
January 1, 1957 June 30, 1957 3.250%
July 1, 1957 December 31, 1957 3.375%
January 1, 1958 June 30, 1958 3.500%
July 1, 1958 December 31, 1958 3.125%
January 1, 1959 June 30, 1959 3.750%
July 1, 1959 December 31, 1960 4.125%
January 1, 1961 June 30, 1961 3.875%
July 1, 1961 December 31, 1961 3.750%
January 1, 1962 June 30, 1962 4.000%
July 1, 1962 June 30, 1963 3.875%
July 1, 1963 December 31, 1963 4.000%
January 1, 1964 December 31, 1965 4.125%
January 1, 1966 June 30, 1966 4.375%
July 1, 1966 December 31, 1966 4.625%
January 1, 1967 December 31, 1967 4.750%
January 1, 1968 June 30, 1969 5.375%
July 1, 1969 December 31, 1969 5.875%
January 1, 1970 June 30, 1970 6.375%
July 1, 1970 December 31, 1970 6.875%
January 1, 1971 June 30, 1971 6.125%
July 1, 1971 December 31, 1971 5.875%
January 1, 1972 June 30, 1972 5.375%
July 1, 1972 December 31, 1972 5.500%
January 1, 1973 June 30, 1973 5.250%
July 1, 1973 December 31, 1973 6.000%
January 1, 1974 June 30, 1974 6.250%
July 1, 1974 June 30, 1975 6.875%
July 1, 1975 December 31, 1975 7.000%
January 1, 1976 June 30, 1976 7.125%
July 1, 1976 December 31, 1976 7.000%
January 1, 1977 June 30, 1977 6.625%
July 1, 1977 December 31, 1977 7.250%
January 1, 1978 June 30, 1978 7.125%
July 1, 1978 December 31, 1978 7.750%
January 1, 1979 June 30, 1979 8.000%
July 1, 1979 December 31, 1979 8.250%
January 1, 1980 June 30, 1980 9.500%
July 1, 1980 December 31, 1980 9.875%
January 1, 1981 June 30, 1981 11.750%
July 1, 1981 December 31, 1981 12.875%
January 1, 1982 December 31, 1982 12.750%
January 1, 1983 June 30, 1983 10.250%
July 1, 1980 December 31, 1980 9.875%

DEBENTURE INTEREST RATES


APPENDIX 4

(Cont'd)

FROM TO RATE

January 1, 1984 June 30, 1984 11.500%


July 1, 1984 December 31, 1984 13.375%
January 1, 1985 June 30, 1985 11.625%
July 1, 1985 December 31, 1985 11.125%
January 1, 1986 June 30, 1986 10.250%
July 1, 1986 December 31, 1986 8.250%
January 1, 1987 June 30, 1987 8.000%
July 1, 1987 December 31, 1987 9.000%
January 1, 1988 June 30, 1988 9.125%
July 1, 1988 December 31, 1988 9.375%
January 1, 1989 June 30, 1989 9.250%
July 1, 1989 December 31, 1989 9.000%
January 1, 1990 June 30, 1990 8.125%
July 1, 1990 December 31, 1990 9.000%
January 1, 1991 June 30, 1991 8.750%
July 1, 1991 December 31, 1991 8.500%
January 1, 1992 June 30, 1992 8.000%
July 1, 1992 December 31, 1992 8.000%
January 1, 1993 June 30, 1993 7.750%
July 1, 1993 December 31, 1993 7.000%
January 1, 1994 June 30, 1994 6.625%
July 1, 1994 December 31, 1994 7.750%

221(G)(4)
July 1, 1980 December 31, 1980 9.375%
January 1, 1981 June 30, 1981 10.875%
July 1, 1981 December 31, 1981 11.625%
January 1, 1982 June 30, 1982 11.625%
July 1, 1982 December 31, 1982 12.500%
January 1, 1983 June 30, 1983 9.750%
July 1, 1983 December 31, 1983 9.375%
January 1, 1984 June 30, 1984 10.500%
July 1,1984 December 31, 1984 12.000%
January 1, 1985 June 30, 1985 10.625%
July 1, 1985 December 31, 1985 10.125%
January 1, 1986 June 30, 1986 9.250%
July 1, 1986 December 31, 1986 7.500%
January 1, 1987 June 30, 1987 7.000%
July 1, 1987 December 31, 1987 8.250%
January 1, 1988 June 30, 1988 8.375%
July 1, 1988 December 31, 1988 8.625%
January 1, 1989 June 30, 1989 8.625%
July 1, 1989 December 31, 1989 8.625%
January 1, 1990 June 30, 1990 7.750%
July 1, 1990 December 31, 1990 8.625%
January 1, 1991 June 30, 1991 8.250%
July 1, 1991 December 31, 1991 8.125%
January 1, 1992 June 30, 1992 7.500%
July 1, 1992 December 31, 1992 7.500%
January 1, 1993 June 30, 1993 6.875%
July 1, 1993 December 31, 1993 6.000%
January 1, 1994 June 30, 1994 5.750%
July 1, 1994 December 31, 1994 7.250%
Appendix 5: Mortgagee's Request for Extensions of Time

_______________________________________________________________________
____

Mortgagee's Request for


Extensions of Time

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____

form HUD-50012 (6/91)

ref. Handbook 4330.1


APPENDIX 6: AS THE FIRST LEGAL ACTION TO COMMENCE (INSTITUTE)
FORECLOSURE

ACTION CONSIDERED BY THE


APPENDIX 6
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AS THE FIRST LEGAL ACTION TO COMMENCE (INSTITUTE) FORECLOSURE Page 1
of 2

=======================================================================
====
TYPICAL
TYPE OF HUD NORMAL FIRST
STATE SECURITY METHOD OF
FORECLOSURE
CODE STATE INSTRUMENT FORECLOSURE ACTION
_______________________________________________________________________
____

01 Alabama Mortgage Non-Judicial


Publication

11 Alaska Deed of Trust Non-Judicial Recording


of
Notice of
Default

02 Arizona Deed of Trust Non-Judicial Recording


of

Notice of Sale

03 Arkansas Deed of Trust Non-Judicial Recording


of

Notice of Default

04 California Deed of Trust Non-Judicial Recording


of

Notice of Default

05 Colorado Deed of Trust Non-Judicial Filing


of

Foreclosure
Documents
with
Public
Trustee

06 Connecticut Mortgage Judicial


Delivering

Complaint to
Sheriff

07 Delaware Mortgage Judicial


Complaint

08 District of Deed of Trust Non-Judicial Recording


of
Columbia Notice of
Default

09 Florida Mortgage Judicial


Complaint

10 Georgia Security Deed Non-Judicial


Publication

14 Hawaii Mortgage Judicial


Complaint

12 Idaho Deed of Trust Non-Judicial Recording


of

Notice of Default

13 Illinois Mortgage Judicial


Complaint

15 Indiana Mortgage Judicial


Complaint

16 Iowa Mortgage Judicial


Petition

18 Kansas Mortgage Judicial


Complaint

20 Kentucky Mortgage Judicial


Complaint

22 Louisiana Mortgage Judicial Petition


for

Executory Process

23 Maine Mortgage Judicial


Complaint

24 Maryland Mortgage Judicial


Petition

in Equity
Deed of Trust Non-Judicial Filing an
Order

to Docket
25 Massachusetts Mortgage Non-Judicial Filing
of

Complaint Relative

to Soldiers' and

Sailors' Relief

Act

26 Michigan Mortgage Non-Judicial


Publication

27 Minnesota Mortgage Deed Non-Judicial


Publication

28 Mississippi Deed of Trust Non-Judicial


Publication

29 Missouri Deed of Trust Non-Judicial


Publication

31 Montana Trust Indenture Non-Judicial Recording


of

Notice of Sale

32 Nebraska Mortgage Judicial


Petition

Deed of Trust Non-Judicial


Publication of

Notice of Sale

33 Nevada Deed of Trust Non-Judicial Recording


Notice

of Default

34 New Hampshire Mortgage Non-Judicial


Publication

35 New Jersey Mortgage Judicial


Complaint

36 New Mexico Mortgage Judicial


Complaint

37 New York Mortgage Judicial


Complaint

38 North Carolina Deed of Trust Non-Judicial Notice of


Hearing
40 North Dakota Mortgage Judicial
Complaint

41 Ohio Mortgage Deed Judicial


Complaint

42 Oklahoma Mortgage Judicial Petition

43 Oregon Deed of Trust Non-Judicial Recording


Notice

of Default

44 Pennsylvania Mortgage Judicial


Complaint

45 Rhode Island Mortgage Non-Judicial


Publication

46 South Carolina Mortgage Judicial


Complaint

47 South Dakota Mortgage Judicial


Complaint

48 Tennessee Deed of Trust Non-Judicial


Publication

49 Texas Deed of Trust Non-Judicial Posting


and

Filing of the

Notice of Sale

52 Utah Mortgage Judicial


Complaint

Deed of Trust Non-Judicial


Recording Notice

of Default

53 Vermont Mortgage Judicial


Complaint

54 Virginia Deed of Trust Non-Judicial


Publication

56 Washington Mortgage Judicial


Complaint
Deed of Trust Non-Judicial Recording
of

Notice of Sale
57 West Virginia Deed of Trust Non-Judicial
Publication

58 Wisconsin Mortgage Judicial


Complaint

59 Wyoming Mortgage Non-Judicial


Publication

50 Puerto Rico Mortgage Judicial


Complaint
APPENDIX 7: FORECLOSURE TIME FRAMES

FORECLOSURE TIME FRAMES

Mortgagees are expected to complete foreclosure within


the
following time frames. Documented delays which are found to be
beyond
the control of the mortgagee shall be taken into consideration
before
any determination is made that reasonable diligence was not
followed.
These requirements shall apply to all foreclosure actions
commenced
on or after March 1, 1990.

=======================================================================
====

STATE MONTHS STATE MONTHS STATE


MONTHS

_______________________________________________________________________
____

Alabama 4 Kentucky 7 North Dakota


10
Alaska 7 Louisiana 6 Ohio
12
Arkansas 5 Maine 22 Oklahoma
7
Arizona 4 Maryland 6 Oregon
7
California 7 Massachusetts 8 Pennsylvania
10
Colorado 7 Michigan 9* Puerto Rico
14
Connecticut 9 Minnesota 12 Rhode Island
3
Delaware 8 Mississippi 4 South Carolina
7
District of Columbia 7 Missouri 3 South Dakota
10
Florida 9 Montana 9 Tennessee
4
Georgia 4 Nebraska 6 Texas
3
Hawaii 9 Nevada 7 Utah
5
Idaho 9 New Hampshire 4 Vermont
17
Illinois 13 New Jersey 14 Virginia
5
Indiana 12 New Mexico 7 Washington
6
Iowa 17 New York 13 West Virginia
5
Kansas 12 North Carolina 5 Wisconsin
12
Wyoming
6

=======================================================================
====

The time frames are measured from the initiation to the


completion of foreclosure. Initiation of foreclosure is the first
public action required by law, such as filing a compliant or petition,
recording a notice of default, or publication of a notice of sale.
Completion of foreclosure shall be considered to be the data on which
the Sheriff's, Trustee's, etc. deed is recorded. The deed is
generally executed after the expiration of the redemption period and
before eviction of the occupant. However, if a redemption period runs
after the foreclosure deed is recorded (e.g., in Michigan), the
foreclosure is considered completed only after the redemption period
has expired. If the property will be directly conveyed to the
Secretary, these time frames are extended an additional thirty days.

*This includes the most common redemption period, which can run
after the foreclosure deed is recorded.
Appendix 8: DAILY INTEREST RATE FACTORS NORMAL YEAR

( 1 of 2 )

DAILY INTEREST RATE FACTORS


NORMAL YEAR

INSTRUCTIONS: Locate the whole number of the interest rate in the


"Percent" column, then locate the fractional part of the interest rate
shown at the top of the columns to the right of the "Percent" column
(if
no fractional part, use the 0/8 column). Where the two meet, you will
find
the factor.

Example:The daily factor for 10 5/8% is .0002910959.


The daily factor for 13% is .0003561644.

PERCENT 0/8 1/8 1/4 3/8


2 .0000547945 .0000582192 .0000616438 .0000650685
3 .0000821918 .0000856164 .0000890411 .0000924658
4 .0001095890 .0001130137 .0001164384 .0001198630
5 .0001369863 .0001404110 .0001438356 .0001472603
6 .0001643836 .0001678062 .0001712329 .0001746575
7 .0001917808 .0001952055 .0001986301 .0002020548
8 .0002191781 .0002226027 .0002260274 .0002294521
9 .0002465753 .0002500000 .0002534247 .0002568493
10 .0002739726 .0002773973 .0002808219 .0002842466
11 .0003013699 .0003047945 .0003082192 .0003116438
12 .0003287671 .0003321918 .0003356164 .0003390411
13 .0003561644 .0003595990 .0003630137 .0003664383
14 .0003835616 .0003869863 .0003904110 .0003938356
15 .0004109589 .0004143836 .0004178082 .0004212329
16 .0004383562 .0004417808 .0004452055 .0004486301
17 .0004657534 .0004691781 .0004726027 .0004760274
18 .0004931507 .0004965753 .0005000000 .0005034246

PERCENT 1/2 5/8 3/4 7/8


2 .0000684931 .0000719178 .0000753425 .0000787671
3 .0000958904 .0000993151 .0001027397 .0001061644
4 .0001232877 .0001267123 .0001301370 .0001335616
5 .0001506849 .0001541096 .0001575342 .0001609589
6 .0001780822 .0001815068 .0001849315 .0001883562
7 .0002054794 .0002089041 .0002123288 .0002157334
8 .0002328767 .0002363014 .0002397260 .0002431507
9 .0002602740 .0002636986 .0002671233 .0002705479
10 .0002876712 .0002910959 .0002945205 .0002979452
11 .0003150685 .0003184931 .0003219178 .0003253424
12 .0003424657 .0003458904 .0003493151 .0003527397
13 .0003698630 .0003732877 .0003767123 .0003801370
14 .0003972603 .0004006849 .0004041096 .0004075342
15 .0004246575 .0004280822 .0004315068 .0004349315
16 .0004520548 .0004554794 .0004589041 .0004623287
17 .0004794520 .0004828767 .0004863014 .0004897260
18 .0005068493 .0005102740 .0005136986 .0005171233
DAILY INTEREST RATE FACTORS

LEAP YEAR

INSTRUCTIONS: See instructions for Normal Year, Daily Interest Rate


Factors.

PERCENT 0/8 1/8 1/4 3/8


2 .0000546448 .0000580601 .0000614754 .0000648907
3 .0000819672 .0000853825 .0000887978 .0000922131
4 .0001092896 .0001127049 .0001161202 .0001195355
5 .0001366120 .0001400273 .0001434426 .0001468579
6 .0001639344 .0001673497 .0001707650 .0001741803
7 .0001912568 .0001946721 .0001980874 .0002015027
8 .0002185792 .0002219945 .0002254098 .0002288251
9 .0002459016 .0002493169 .0002527322 .0002561475
10 .0002732240 .0002766393 .0002800546 .0002834699
11 .0003005464 .0003039617 .0003073770 .0003107923
12 .0003278689 .0003312842 .0003346994 .0003381147
13 .0003551913 .0003586066 .0003620218 .0003654371
14 .0003825137 .0003859290 .0003893443 .0003927596
15 .0004098361 .0004132514 .0004166667 .0004200820
16 .0004371585 .0004405738 .0004439891 .0004474044
17 .0004644809 .0004678962 .0004713115 .0004747268
18 .0004918033 .0004952186 .0004986339 .0005020492

PERCENT 1/2 5/8 3/4 7/8


2 .0000683060 .0000717213 .0000751366 .0000785519
3 .0000956284 .0000990437 .0001024590 .0001058743
4 .0001229508 .0001263661 .0001297814 .0001331967
5 .0001502732 .0001536885 .0001571038 .0001605191
6 .0001775956 .0001810109 .0001844262 .0001878415
7 .0002049180 .0002083333 .0002117486 .0002151639
8 .0002322404 .0002356557 .0002390710 .0002424863
9 .0002595628 .0002629781 .0002663934 .0002698087
10 .0002868852 .0002903005 .0002937158 .0002971311
11 .0003142076 .0003176229 .0003210382 .0003244535
12 .0003415300 .0003449453 .0003483606 .0003517759
13 .0003688524 .0003722677 .0003756830 .0003790983
14 .0003961749 .0003995901 .0004030054 .0004064207
15 .0004234973 .0004269126 .0004303279 .0004337431
16 .0004508197 .0004542350 .0004576503 .0004610656
17 .0004781421 .0004815574 .0004849727 .0004883880
18 .0005054645 .0005088798 .0005122951 .0005157104
Appendix 9; JULIAN DATE CALENDAR

1 of 2

_______________________________________________________________________
____

JULIAN DATE CALENDAR

(PERPETUAL)

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____

Appendix 9

2 of 2

_______________________________________________________________________
____

JULIAN DATE CALENDAR

(LEAP YEARS)

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Appendix 10: CONVEYANCES

_______________________________________________________________________
____

CONVEYANCES

EARLIEST TIME REQUIREMENT MISSED

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Appendix 11: ATTORNEY'S CERTIFICATE OF TITLE

1 of 2

_______________________________________________________________________
____

ATTORNEY'S CERTIFICATE OF TITLE

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_______________________________________________________________________
____

Appendix 11

2 of 2

_______________________________________________________________________
____

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Appendix 12: Mortgagee Notice of Foreclosure Sale

Page 1 of 2

_______________________________________________________________________
____

Mortgagee Notice
of Foreclosure Sale

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_______________________________________________________________________
____

Appendix 12, Page 1 of 2

_______________________________________________________________________
____

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Appendix 13: HUD REGIONAL OFFICES

HUD REGIONAL OFFICES


ATTENTION: DIRECTORS OF HOUSING

BOSTON REGIONAL OFFICE KANSAS CITY REGIONAL OFFICE


Thomas P. O'Neil, Jr., Federal Bldg. Gateway Tower II
10 Causeway St., Room 375 400 State Avenue
Boston, MA 02222-1092 Kansas City, KS 66101-2406
(617) 565-5102 (913) 551-6812

NEW YORK REGIONAL OFFICE DENVER REGIONAL OFFICE


26 Federal Plaza 633 - 17th Street
New York, NY 10278-0068 Denver, CO 80202-3607
(212) 264-4771 (303) 672-5343

PHILADELPHIA REGIONAL OFFICE SAN FRANCISCO REGIONAL


OFFICE
Liberty Square Building Phillip Burton Federal
Building
105 South Seventh St. and U.S. Courthouse
Philadelphia, PA 1910-3392 450 Golden Gate Avenue
(215) 597-2645 P.O. Box 36003
San Francisco, CA 94102-
3448
ATLANTA REGIONAL OFFICE (415) 556-0796
Richard B. Russell Federal Building
75 Spring Street, S.W. SEATTLE REGIONAL OFFICE
Atlanta, GA 30303-3388 Federal Office Building
(404) 331-4127 909 First Avenue, Suite 200
Seattle, WA 98104-1000
CHICAGO REGIONAL OFFICE (206) 220-5200
Ralph Metcalfe Federal Building
77 West Jackson Boulevard
Chicago, IL 60604
(312) 353-6950

FORT WORTH REGIONAL OFFICE


1600 Throckmorton
P.O. Box 2905
Fort Worth, TX 76113-2905
(817) 885-5531
Appendix 14: REQUEST TO EXCEED COST LIMIT(S) FOR PRESERVATION AND
PROTECTION

REQUEST TO EXCEED COST LIMIT(S) FOR PRESERVATION AND PROTECTION

Department of Housing and Urban Development

_____________________________________________
_____________________________________________
_____________________________________________

Dear ____________________:

SUBJECT:Request for Variance from Regional Preservation and


Protection Schedule

FHA Case No.: _____________________________________


Mtgee Loan No.: _____________________________________
Mortgagor's Name: _____________________________________
Property Address: _____________________________________

Permission is requested to perform the following services (all


applicable estimates and required documentation are attached):

Service Cost
_______________________ $___________________
_______________________ $___________________
_______________________ $___________________

(1) TOTAL $___________________

Preservation and Protection Costs Expended to Date (excluding


inspections):

Service Cost (NOTE:


Expenses
_______________________ $___________________ listed in item
(2)
_______________________ $___________________ must be
consistent
_______________________ $___________________ with regional
P&P
_______________________ $___________________ limits and/or

guidance and are


(2) TOTAL $___________________ subject to
further

verification.)

Signature: __________________ Title: _____________ Phone: (


)_______
[ ] Please fax your response to Fax No.: ( )______________
_______________________________________________________________________
____
HUD APPROVAL/DISAPPROVAL:
For the subject case, HUD authorizes additional expenditures
for:
debris removal up to a maximum of
$_________________________
boarding up to a maximum of
$_________________________
winterization up to a maximum of
$_________________________
other: ________________________
$_________________________
(3) Total Additional Expenditures Approved Not to Exceed:
$_______
(4) Total Authorization Not To Exceed [item (2) + item (3)]:
$_______

Date Mortgagee's Request Received:


___________________________________
Date of Approval:
____________________________________________________
Date of this Response:
_______________________________________________
Approved By:
_________________________________________________________
APPENDIX 15: SHORT RATE METHOD

SHORT RATE METHOD

_______________________________________________________________________
____
DAYS % OF DAYS % OF DAYS % OF DAYS %
OF
POLICY ONE-YR POLICY ONE-YR POLICY ONE-YR POLICY
ONE-YR
IN FORCE PREMIUM IN FORCE PREMIUM IN FORCE PREMIUM IN FORCE
PREMIUM
________________ ________________ _________________
________________

1 5% 66 - 69 29% 154 - 156 53% 256 - 260


77%

2 6% 70 - 73 30% 157 - 160 54% 261 - 264


78%

3 - 4 7% 74 - 76 31% 161 - 164 55% 265 - 269


79%

5 - 6 8% 77 - 80 32% 165 - 167 56% 270 - 273


80%

7 - 8 9% 81 - 83 33% 168 - 171 57% 274 - 278


81%

9 - 10 10% 84 - 87 34% 172 - 175 58% 279 - 282


82%

11 - 12 11% 88 - 91 35% 176 - 178 59% 283 - 287


83%

13 - 14 12% 92 - 94 36% 179 - 182 60% 288 - 291


84%

15 - 16 13% 95 - 98 37% 183 - 187 61% 292 - 296


85%

17 - 18 14% 99 - 102 38% 138 - 191 62% 297 - 301


86%

19 - 20 15% 103 - 105 39% 192 - 196 63% 302 - 305


87%

21 - 22 16% 106 - 109 40% 197 - 200 64% 306 - 310


88%

23 - 25 17% 110 - 113 41% 201 - 205 65% 311 - 314


89%

26 - 29 18% 114 - 116 42% 206 - 209 66% 315 - 319


90%
30 - 32 19% 117 - 120 43% 210 - 214 67% 320 - 323
91%

33 - 36 20% 121 - 124 44% 215 - 218 68% 324 - 328


92%

37 - 40 21% 125 - 127 45% 219 - 223 69% 329 - 332


93%

41 - 43 22% 128 - 131 46% 224 - 228 70% 333 - 337


94%

44 - 47 23% 132 - 135 47% 229 - 232 71% 338 - 342


95%

48 - 51 24% 136 - 138 48% 233 - 237 72% 343 - 346


96%

52 - 54 25% 139 - 142 49% 238 - 241 73% 347 - 351


97%

55 - 58 26% 143 - 146 50% 242 - 246 74% 352 - 355


98%

59 - 62 27% 147 - 149 51% 247 - 250 75% 356 - 360


99%

63 - 65 28% 150 - 153 52% 251 - 255 76% 361 - 365


100%
Appendix 16: TITLE SUBMISSION CERTIFICATION

TITLE SUBMISSION CERTIFICATION

Mortgagor Name________________________ Loan No.______________________

FHA Case No.__________________________ Log No._______________________

I certify that the title evidence and related documents for the
above referenced mortgage have been forwarded to the appropriate HUD
Field Counsel as set forth in Mortgagee Letter 84-7, Supplemental,
dated June 7, 1984, and Mortgagee Letter 86-21, dated
November 14, 1986, on the same day that the completed Form HUD-27011,
Parts A and B (original), and the original Mortgage Insurance
Certificate were forwarded to HUD, Office of Finance and Accounting,
Insurance Claims Division.

Certifying Official - Name and Title

____________________________________

____________________________________

Signature

____________________________________
Appendix 17: LETTER

Date FHA Case Number _________________

Loan Number _________________

Dear (Mortgagor's Name),

Pursuant to Section 221 (g)(4) of the National Housing Act, as


amended, we are planning to exercise an option to transfer (assign)
your
mortgage to the Department of Housing and Urban Development (HUD) as of
its
twentieth year. The transfer is not a reflection on your payment
history
or credit, in fact, your mortgage must be current to be eligible.

THIS LETTER SERVES AS YOUR 60 DAYS NOTICE. YOU ARE NOT


REQUIRED TO DO
ANYTHING AT THIS TIME. WE WILL SEND YOU A SECOND NOTICE APPROXIMATELY
15
DAYS PRIOR TO THE FIRST PAYMENT THAT WILL BE DUE TO HUD OR 15 DAYS
PRIOR TO
THE TRANSFER OF YOUR MORTGAGE. THE SECOND NOTICE WILL GIVE SPECIFIC
INSTRUCTIONS ON WHAT YOU WILL NEED TO DO.

When your mortgage is transferred, HUD will require that you


continue
paying the principal and interest to them and have adequate hazard
insurance coverage (and flood insurance if it is presently required) to
protect their interest in the mortgage. In addition, you will be
responsible for the payment of your tax bills and insurance premiums
which
are associated with the hazard, flood and other insurance coverage.
HUD
will not escrow for any item. You will also be required to verify your
payment of taxes and hazard (and flood) insurance within 30 days of the
due
date by sending copies of the paid receipts to HUD. HUD reserves the
right
to escrow for taxes or advance funds to pay taxes if you fail to do so.
The monies in your escrow account and (if applicable) any advanced
monthly
payments will be refunded to you after the transfer of your mortgage
occurs.

If you prefer to pay your mortgage off rather than have it


transferred
to HUD, you may request a pay off statement from us and remit payment
in
full before the transfer occurs. Please contact our Pay Off Department
at
XXX-XXX-XXXX. If you have any questions concerning your account on
this
matter, please call XXX-XXX-XXXX.
Appendix 18: LETTER

1 of 2

Date FHA Case Number _________________

Loan Number _________________

Dear (Mortgagor's Name),

As we advised you approximately forty-five days ago, we are


transferring your mortgage to the Department of Housing and Urban
Development (HUD). THIS LETTER SERVES AS YOUR SECOND NOTICE AND SETS
FORTH
THE INSTRUCTIONS THAT YOU WILL NEED TO FOLLOW.

Beginning with your next monthly payment which is due on the


first of
each month you will send to HUD the amount of __(dollars)__. This is
your
monthly payment to HUD (it is equivalent to your scheduled monthly
principal and interest). You will make checks or money orders payable
to
the Department of Housing and Urban Development. It is important that
you
write your name, property address and FHA case number, which is
____(number)_____, on your checks or money orders, otherwise, HUD may
not
be able to properly identify your monthly payment. HUD will send you
each
month a billing statement and self-addressed envelopes. Send your next
payment to: Department of Housing and Urban Development, Payment
Processing Center, P. O. Box 105652, Atlanta, GA 30348.

We will refund the monies in your present escrow account and


any
advanced monthly payments shortly after the transfer occurs. Also, we
have
contacted all third parties, such as, taxing authorities and insurance
carriers to inform them that you are responsible for the payment of tax
bills and premiums. Your hazard insurance carrier (and flood) has been
requested to change the named beneficiary in the mortgagee clause to
HUD.

If you have any questions, please contact us at XXX-XXX-XXXX.


If you
have any questions after the transfer of your mortgage, you should
contact
the local Office of the Department of Housing and Urban Development.
Their
address is ___(street or P.O. Box, City,__ State, ZIP)__. The
telephone
number of the Single Family Loan Management Branch is XXX-XXX-XXXX.
You
should address all correspondence to the local HUD Office, as the
Payment
Processing Center in Atlanta, Georgia, is only HUD's banking facility,
and
any inquiries sent to them will be delayed or may not be answered at
all.

We hope these instructions will assist you. PLEASE SEE THE


ATTACHED
INSTRUCTIONS AND NOTICE.

Appendix 18
2 of
2

TRANSFER OF 221 (g)(4)

SPECIAL INSTRUCTIONS AND NOTICE

PLEASE BEGIN MAKING YOUR MONTHLY PAYMENTS TO HUD. IF YOU DO


NOT REMIT
YOUR PAYMENT TO HUD, YOU MAY BE CONSIDERED DELINQUENT IF THE PAYMENT IS
NOT
RECEIVED. YOUR MONTHLY PAYMENT WILL BE APPLIED FIRST TO ANY
DELINQUENCY,
THEN TO CURRENT INTEREST DUE, WITH THE REMAINDER TO PRINCIPAL. DO NOT
SEND
MORE THAN THE AMOUNT DUE UNLESS YOU DESIRE TO REPAY ANY DELINQUENCY, OR
TO
REDUCE THE PRINCIPAL BALANCE. ANY AMOUNT IN EXCESS OF THIS MONTHLY
PAYMENT
WILL BE APPLIED AS DESCRIBED ABOVE. YOU WILL RECEIVE A STATEMENT EVERY
MONTH UNTIL THE MORTGAGE IS PAID IN FULL.

IN ADDITION, YOU ARE REQUIRED TO HAVE ADEQUATE HAZARD INSURANCE


COVERAGE (AND FLOOD INSURANCE IF IT IS PRESENTLY REQUIRED) TO PROTECT
HUD'S
INTEREST IN THE MORTGAGE. HUD MUST BE THE NAMED BENEFICIARY AND MUST
RECEIVE THE ORIGINAL POLICY. YOU ARE RESPONSIBLE FOR THE PAYMENT OF
YOUR
INSURANCE PREMIUMS WHICH ARE ASSOCIATED WITH THE HAZARD, FLOOD OR OTHER
INSURANCE COVERAGE AND TAX BILLS. HUD WILL NOT ESCROW FOR ANY ITEM.
YOU
ARE ALSO REQUIRED TO VERIFY YOUR PAYMENTS OF HAZARD (AND FLOOD)
INSURANCE
PREMIUMS AND TAXES WITHIN 30 DAYS AFTER THE DUE DATE BY SENDING COPIES
OF
THE PAID RECEIPTS TO THE LOCAL HUD OFFICE. HUD RESERVES THE RIGHT TO
ESCROW FOR TAXES OR ADVANCE FUNDS TO PAY TAXES IF YOU FAIL TO DO SO.
HUD
ALSO RESERVES THE RIGHT TO CHANGE ITS SERVICING POLICIES AND PROCEDURES
AS
THEY RELATE TO YOUR MORTGAGE.
Appendix 19: PRE-FORECLOSURE SALE PROGRAM INSTRUCTIONS TO MORTGAGEE

PRE-FORECLOSURE SALE PROGRAM


INSTRUCTIONS TO MORTGAGEE

Mortgagee Name __________________________________ Date


_________________

Program Office __________________________ Control Number


_____________

Homeowner Name(s)
______________________________________________________

Property Address
_______________________________________________________

Account Number _______________________

The subject homeowners have been accepted into the Pre-


Foreclosure
Sale Program. In order to facilitate their participation in the
program,
you are requested to service this mortgage as follows:

( ) - Do not schedule the foreclosure sale date before


________________

( ) - Other
___________________________________________________________

_______________________________________________________________________
_

_______________________________________________________________________
_

_______________________________________________________________________
____

[ ] EXTENSION REQUEST

It has been determined that it is in HUD's interest to extend


the
delay of foreclosure activity as indicated below:

( ) - Continue delay of foreclosure sale. Do not schedule before


_____

( ) - Other
___________________________________________________________

_______________________________________________________________________
____
________________________________
Program Coordinator
- Date
Appendix 20: PRE-FORECLOSURE SALE PROGRAM TITLE SEARCH \ DISCHARGE OF
LIEN(S)

PRE-FORECLOSURE SALE PROGRAM


TITLE SEARCH \ DISCHARGE OF LIEN(S)

Mortgagee Name _____________________________ Acct. No.


_________________

HUD Ofc/Coordtr ____________________________ Control No.


_______________

Homeowner Name(s)
______________________________________________________

Property Address
_______________________________________________________

Part A: TITLE SEARCH

Title Search performed? ( ) YES ( ) NO


If Yes, Date __________________________ By
__________________
Liens and Encumbrances Discovered:

1.
____________________________________________________________________

____________________________________________________________________

2.
____________________________________________________________________

____________________________________________________________________

Part B: DISCHARGE OF LIENS

The mortgagee is hereby requested to satisfy the following liens


against
the property to facilitate the following Pre-foreclosure Sale program
activity:

( ) - Anticipated sale of the property


( ) - Acceptance of a deed-in-lieu of foreclosure

Liens and Other Encumbrances:

1.
____________________________________________________________________

____________________________________________________________________
2.
____________________________________________________________________

____________________________________________________________________

The Department authorizes mortgagees to negotiate a compromise


settlement in resolving liens and encumbrances. Reimbursement will be
made
through the Single Family Claims for Insurance Benefits.

________________________________________
Program Coordinator: Signature -
Date
"FHA Single Family Insurance Claims" REV-1
Appendix 21: PRE-FORECLOSURE SALE PROGRAM SALES CONTRACT REVIEW

PRE-FORECLOSURE SALE PROGRAM


SALES CONTRACT REVIEW

Date:
______________________

HUD Ofc/Coordtr: ________________________ Control Number:


____________

Mortgagor Name(s) and Property Address: FHA Case Number:

_________________________________________
____________________________
_________________________________________
_________________________________________

HUD APPROVAL OF THE SALES CONTRACT IS A PRE-CONDITION OF THE SALE

Date of Sales Contract: _________________ Agent:


_____________________

Date Received by Program Coordtr: ________________

Offered By: _____________________________


Address: ________________________________
_________________________________________

Listing Price: $ ____________________ APPRAISED VALUE $


________________

Price Offered: $ ____________________ 90% of APPRAISED VALUE $


_________

Estimated Net Sales Proceeds: $_____________________

The Sales Contract offered by the individuals listed above


is:

( ) Accepted ( )
Rejected

(List reasons below)

This sales contract is rejected for the following reason(s):

_______________________________________________________________________
____

_______________________________________________________________________
____
______________________________________________
Coordtr/Local HUD Office: Signature -
Date

cc: Mortgagee
Appendix 22: PRE-FORECLOSURE SALE PROGRAM CLOSING WORKSHEET\RECAP

1 of 2

PRE-FORECLOSURE SALE PROGRAM


CLOSING WORKSHEET\RECAP

HUD Ofc/Coordtr: ________________________ Date:


__________________________

Control Number: _________________________ FHA Case Number:


_______________

Mortgagor Name(s) and Property Address: Mortgagee Name and Address:

_________________________________________
________________________________

_________________________________________
________________________________

Date Enrolled: Outstanding Indebtedness:

____/____/____/ $ ________________

Orig'l Appraised Value: $ _____________________ Date:


____/____/____

No. of Sales Contracts Submitted: ______ Date Contract Approved:


________

Name(s) of
Purchaser(s):___________________________________________________

No. of Liens Satisfied: _______ Amount Paid to Lienholders $


_____________

Percentage of
"As-Is" Appraised Value Selling Price Appraised
Value

$______________________ $______________________
_______________%

Name of Broker Sales Commission/Rate Broker's Sig. &


Date*

_______________________ $______________/____%
_____________________

Type of financing: ( ) FHA ( ) VA


[check one] ( ) Conventional ( ) Other

__________________
*By signing, the Broker certifies that there are no hidden
terms
or special understandings with the buyer, seller, or program
coordinator.

Appendix 22

2 of 2

Does selling price exceed appraised value? ( ) yes ( ) no

If yes: $____________ $_____________________________


Excess amount 50% (fifty percent) of excess

INCENTIVES TO BE PAID TO SELLER AT CLOSING:

Base incentive: $____________ = (Enter $1500 or 50%


of

excess amount, whichever

is greater)
Plus additional amounts (if any): $____________

Total Incentives: $____________

___________________________________

Program Coordinator - Date

______________________________\\\\\\\\\\\\\\\__________________________
____

Date of Closing: ____/____/____

TOTAL INCENTIVES PAID: $____________________

This certifies that the incentives itemized above were


paid to the seller at closing.

_______________________________________
Closing Agent - Signature - Date

(Attach copy of Settlement Statement)


Appendix 23; TERMINATION OF PARTICIPATION

PRE-FORECLOSURE SALE PROGRAM


TERMINATION OF PARTICIPATION

Date: ___________________

___________________________________ Control Number:


___________________________________
_________________________
___________________________________

Dear ______________________________:

This is to advise you that your participation in the HUD


Pre-Foreclosure Sale Program has been terminated for the following
reasons:

( ) - Failure to put forth a "good faith" effort to


sell the
property

( ) - Title search revealed liens and/or other


encumbrances
which cannot be dissolved. Therefore, HUD
cannot
permit a pre-foreclosure sale or prevail upon
the
lender to accept a deed-in-lieu of foreclosure.

( ) - Participant withdrew from the program.

OTHER COMMENTS:

_______________________________________________________________________
____

_______________________________________________________________________
____

_______________________________________________________________________
____

________________________________________
Program
Coordinator - Date

cc: Mortgagee
Appendix 24: REQUEST FOR DEED-IN-LIEU OF FORECLOSURE

PRE-FORECLOSURE SALE PROGRAM


REQUEST FOR DEED-IN-LIEU
OF FORECLOSURE

Mortgagee Name: __________________________________ Acct.


No:_______________

HUD Ofc/Coordtr __________________________________ Control


No:_____________

Homeowner Name(s)
_________________________________________________________

Property Address
__________________________________________________________

A "good faith" effort has been made to sell the subject


property prior
to foreclosure, but without positive results. The homeowner is
prepared to
tender the deed at the conclusion of his/her participation in the
program,
which is imminent. HUD strongly recommends that you accept a deed-in-
lieu
of foreclosure.

Under program procedures, HUD authorizes the payment of $500 to


the
homeowner as an inducement to tender the deed. This fee is fully
reimbursable through the Single Family Claims for Insurance Benefits.

_______________________________________
Program Coordinator: Signature -
Date
Appendix 25: Submitting Single Family Claims For Insurance Benefits
Form

For use when submitting Single Family Claims For Insurance Benefits,
Form
27011, via courier service.

Holding Mortgagee Name:


___________________________________________________

Mortgagee No: _____________________________

Name of Courier Service:


__________________________________________________

Tracking Number: __________________________

FHA Case Number FHA Case Number

1. ___________________ 11. ___________________

2. ___________________ 12. ___________________

3. ___________________ 13. ___________________

4. ___________________ 14. ___________________

5. ___________________ 15. ___________________

6. ___________________ 16. ___________________

7. ___________________ 17. ___________________

8. ___________________ 18. ___________________

9. ___________________ 19. ___________________

10. ___________________ 20. ___________________

FOR HUD USE ONLY


_______________________________________________________________________
____

Attachment For Form 27011


Appendix 26: SPECIAL FORBEARANCE CHECKLIST
_______________________________________________________________________
____

SPECIAL FORBEARANCE CHECKLIST

Special Forbearance relief has been granted under authority of


24 CFR
203.614 (b) to:

Mortgagor: __________________________________
Address: ___________________________________
___________________________________
___________________________________

FHA Case No: ________________________________


Loan No: ___________________________________

Date of oldest paid installment_______________________________________


Date of HUD # 1 ______________________________________________________
Date of HUD # 2 or # 3 _______________________________________________
Date Mortgagor provided financial info________________________________
Dates of Forbearance from____________ to _____________________________
Date Mortgagor broke the forbearance _________________________________
Date of Management Review ____________________________________________

The following have been confirmed and documented: (Yes or No)

(1) The mortgagor does not own any other property subject
to a mortgage insured by the Secretary.
____________________

(2)The default was due to circumstances beyond the


mortgagors control. ________________________________________

(3)The written agreement meets all requirements and is properly


signed and dated by both the mortgagor and an
approved representative of the mortgagee. __________________
______________________________________________________________________
______________________________________________________________________

(To be completed by approving official)

I certify that I have completed a thorough review of the


subject case.
All of the requirements of 24 CFR 203.614(b) have been met.

Approving Official ___________________________


Title_________________________________________
Date__________________________________________

_______________________________________________________________________
____
Appendix 27: Compliance Inspection Report
_______________________________________________________________________
____

Compliance Inspection Report

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