U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-8000 OFFICE OF THE ASSISTANT SECRETARY FOR May 7, 1985 HOUSING-FEDERAL HOUSING COMMISSIONER TI-360 MEMORANDUM FOR: ALL APPROVED TITLE I LENDING INSTITUTIONS Attention Installment Loan Department SUBJECT: Notice to Borrower of HUD's Role in Title I Loans In our efforts to educate consumers and provide lending institutions with a tool which can be used to deter delinquencies and defaults, effective June 10, 1985 , one of the following notices must be provided all borrowers prior to granting any Title I loan. We suggest that the notice be incorporated in the advance notice to borrowers when such notice is required (dealer property improvement and all manufactured home loans). We suggest that for direct property improvement loans, the notice be given to the borrower at the time of application for the loan. IMPORTANT (TO BE USED IN PROPERTY IMPROVEMENT TRANSACTIONS) You have applied for a property improvement loan under a program made possible through Title I of the National Housing Act. This program is administered by the Department of Housing and Urban Development (HUD). HUD's role in this program is to provide credit insurance to lending institutions making Title I loans. The credit insurance helps you qualify for the loan and protects the lender against major loss if you do not repay the debt. Although the loan will be obtained through the lending institution, it is a Federal offense for any party to the loan to provide false or misleading information in connection with this loan-such offense may be punishable by a fine, imprisonment or both. If you do not repay the loan as agreed, the lending institution may declare all unpaid amounts immediately due and payable, with interest, and may then assign the loan to HUD in exchange for Title I insurance benefits. When the loan is assigned to HUD, you will be subject to HUD collection activities, which include (1) notifying the Internal Revenue Service (the amount due HUD under the assigned note can be treated as income to you if you do not pay it), (2) offsetting against moneys owed to you by Federal agencies, including salary if you are a Federal employee, (3) reporting of the default to credit reporting agencies, (4) possible foreclosure and loss of your home, and (5) referring the defaulted loan to the Department of Justice for legal action. _____________________________________________________________________ (TO BE USED IN MANUFACTURED HOME TRANSACTIONS) You have applied for a manufactured Housing loan under a program made possible through Title I of the National Housing Act. This program is administered by the Department of Housing and Urban Development. HUD's role in this program is to provide credit insurance to lending institutions making Title I loans. The credit insurance helps you qualify for the loan and protects the lender against major loss if you do not repay the debt. Although the loan will be obtained through the lending institution, it is a Federal offense for any party to the loan to provide false or misleading information in connection with this loan-such offense may be punishable by a fine, imprisonment or both. If you do not repay the loan as agreed, the lending institution may declare all unpaid amounts immediately due and payable, with interest, and may repossess and sell the home. It is important for you to understand that the sales price of a repossessed manufactured home may be lower than the outstanding loan balance, and therefore the lending institution may assign its interest in the remaining balance of the loan to HUD in exchange for Title I insurance benefits. When the loan is assigned to HUD, you will be subject to HUD collection activities, which include (1) notifying the Internal Revenue Service (the amount due HUD under the assigned note can be treated as income to you if you do not pay it), (2) offsetting against moneys owed to you by Federal agencies, including salary if you are a Federal employee, (3) reporting of the default to credit reporting agencies, and (4) referring the defaulted loan to the Department of Justice for legal action. If you have any questions, please contact Christopher Peterson, Director, Title I Insurance Division, Washington, D.C. 20410, telephone (202) 755-6880. Sincerely, Shirley McVay Wiseman General Deputy Assistant Secretary for Housing-Federal Housing Commissioner