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B-245138 1 (1992-07-07)

handle is hein.gao/gaobadocj0001 and id is 1 raw text is: 
4


     ,ComptroUer General
                of the United States
                Wangton, D,0, 20848
                Decision


                Hatter of:      Calculation of Debt, and Interest on Debt,
                                Owed to Department of Housing and Urban
                                Development

                File:           B-245138

                Date;           July 7, 1992

                DIGEST

                1, Secretary o Housing and Urba'n Development has authority
                under the National Housing Act tQautomatically reduce the
                amountdof, debt due ,on' Federal Wousing Administration (FHA)
                insured lmans for E anufactured homes by deducting the
                greater ot the 8ale price or the appraised value of the home
                from the outstanding loan balance, As a matter of proper
                accounting practice, FHA may Thoose to reflect the
                compromise of the loans by booking either (a) the loan
                amount and then immediately adjusting that amount t'o an
                amount equal to the insurance paid or (b) the amouit of the
                reduced loan (which equals the amount of the insurancm paid
                by FHA),
                2. Secretery of Housing and Urban Development has authority
                under the National Housing Act to assess interest on
                manufactured housing and property improvement loans made
                pursuant to Titlg I of the Act at the lesser of the rate
                specified in thp borrower's promissory note or the Treasury
                rate.

                DECISION

                The General Counsel ofheDepartmentof'Housingvand Urban
                Development (HUb) has requested our opinion concerning the
                computation of debts owed HUD on defaulted manufactured home
                loans and the assessment of interest on those loans and
                property improvement loans,   The request was precipitated by
                a difference of opinion between the Federal Housing
                Administration (FHA)Thnd HUD's Inspector General (IG).    The
                IG disagrees with FhA's current practi'es of computing debts
                owed by those who default 'on loans guaranteed by FHA by
                subtracting from the outstanding loan balance the greater of
                the sale proceeds or the appraised value of the manufactured
                home, and assessing interest on the debts at the lesser of
                the note rate or Treasury rate. We conclude that FHA's
                current practices are authorized by law.

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