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B-183784 1 (1977-01-24)

handle is hein.gao/gaobaddxe0001 and id is 1 raw text is: 




                                              o'         Alan Belkin

                                THIW COMPTROLLER CENERAL
                                or   THE    UNITED      STATEU
                                WAUHIlNOTUN, D.C. 20545


Ctat

   FILE: B-183784                      DATE:  January 24, 1VT
   MATTER OF: Request for reconsideration of decision B-183784,
                  January 23, 1976, involving National Housing Act
                  mobile home loan insurance
   DIGEST:
              1.  As stated in 8-183784, January 23, 1976, claims under
                  mobile home loan insurance pursuant to 12 U.S.C.
                  § 1703 by lending institution presently delinquent in
                  insurance premium payments may be allowed if default
                  in loan occurred while premium payments were current.
                  however, in accoxL..ce with applicable regulations,
                  lender it required to continue to pay insurance
                  premiums up to date claim is filed with HUD rather
                  than date of default, and set-off of this amount
                  against allowable claims As appropriate. B-183724, supra,
                  clarified.

              2.  Althou h payment of insurance premiums in advance is
                  requir'  in order to maintain ongoing effective in-
                  surance Loverage for mobile home lean insurance under
                  12 U.S.C. § 1703, paywment of insurance premiums con-
                  stitutes continuing obligation of lender that cannot
                  be terminated prior to end of term of underlying loan.
                  HUD has authority to set-off delinquent unpaid in-
                  qurance ptemiums constituting existing dcbt presently
                  due and pAyatle to United States by lender against
                  claims otherwise payable to lender, pending bankruptcy
                  adjudication as to propriety of final setoff but may
                  not withhold estimated future premiums. B-183784,
                  January 23, 1976, is modified accrrdingly.

      This decision is in response to two separate requests from officials
 of the Department oi Housing and Urban Development (HUD) for our further
 views with reapect to our decision B-183784, ddted January 23, 1976, ron-
 cerning the payment of insurance premiums, and the legal ramifications
 of delinquencies in insurance premium payments, with respect to mobile
 home loans issued under section 2, title 1, of the National Housing Act,
 as amended, 12 U.S.C. § 1703 (1970). Since the re  *:sts are closely
 related, essentially constituting requests for ref  deration and/or
 clarification of our decision of January 23, 1976, we will combihe our
 responsas into one decision. However, for reasons of clarity, each request
 will be dealt with separately herein.


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