U.S. Department of Housing and Urban Development Washington, D.C 20410-8000 March 12, 1991 OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER TI-408 MEMORANDUM FOR: ALL TITLE I LENDING INSTITUTIONS Attn: Installment Loan Department SUBJECT: Required Statement to be Included in Notices of Default and Acceleration For many years, the Department has provided Title I lenders with pre-claim collection assistance in the form of a letter sent to delinquent borrowers. The letter reminded the borrower of HUD's involvement in the loan transaction and explained the possible consequences of not repaying the loan as agreed. Because of limited staff resources, we cannot continue offering this service, and we will not accept any requests for pre-claim assistance letters received after March 29, 1991. To accomplish the same objective as the pre-claim assistance letter, while saving money for both lenders and HUD, we have decided to require the following procedure. Beginning not later than April 1, 1991, any notice of default and acceleration sent to a delinquent borrower in accordance with 24 CFR 201.50(b) shall contain the following statement: THIS LOAN IS INSURED AGAINST NONPAYMENT BY THE FEDERAL GOVERNMENT. IF YOU DO NOT REPAY THE LOAN AS AGREED, WE MAY ASSIGN THE DEBT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COLLECTION. FAILURE TO PAY THE DEBT IN ACCORDANCE WITH THE TERMS SET BY HUD MAY RESULT IN ANY OR ALL OF THE FOLLOWING ACTIONS: o SEIZING YOUR FEDERAL INCOME TAX REFUNDS. o GARNISHMENT OF YOUR WAGES IF YOU ARE A FEDERAL EMPLOYEE. o REFERRING THE DEBT TO THE U.S. DEPARTMENT OF JUSTICE FOR COLLECTION. Lenders may use their own discretion in deciding where this statement should be placed within the notice. However, it must be capitalized throughout, and must appear in a type size no smaller than that used for the other information that the notice is required to contain. 2 If you have any questions about this letter, please write to Robert J. Coyle, Director, Title I Insurance Division, Room 9158, 451 Seventh Street, S.W., Washington, D.C. 20410, or call the Division toll-free at 1-800-733-HOME (1-800-733-4663). Sincerely yours, Arthur J. Hill Acting Assistant Secretary for Housing-Federal Housing Commissioner