Page:United States Statutes at Large Volume 110 Part 1.djvu/69

 PUBLIC LAW 104-99 -JAN. 26, 1996 110 STAT. 45 greater amount, not exceeding the lower of (i) the fair market rental charge determined pursuant to this paragraph, or (ii) the fair market rental established under section 8(c) of the United States Housing Act of 1937 for the market area in which the housing is located, as represents 30 per centum of the tengint's adjusted income."; and (2) by striking paragraph (6). EXTENSION OF HOME EQUITY CONVERSION MORTGAGE PROGRAM SEC. 406. Section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is amended— (1) in the first sentence, by striking "September 30, 1995" and inserting "September 30, 1996"; and (2) in the second sentence, by striking "25,000" and inserting "30,000". FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM SEC. 407. (a) FORECLOSURE AVOIDANCE. —Except as provided in subsection (e), the last sentence of section 204(a) of the National Housing Act (12 U.S.C. 1710(a)) is amended by inserting before the period the following: ": And provided further, That the Secretary may pay insurance benefits to the mortgagee to recompense the mortgagee for its actions to provide an alternative to the foreclosure of a mortgage that is in default, which actions may include special foreclosure, loan modification, and deeds in lieu of foreclosure, all upon terms and conditions as the mortgagee shall determine in the mortgagee's sole discretion, within guidelines provided by the Secretary, but which may not include assignment of a mortgage to the Secretary: And provided further, That for purposes of the preceding proviso, no action authorized by the Secretary and no action taken, nor any failure to act, by the Secretary or the mortgagee shall be subject to judicial review.". (b) AUTHORITY TO ASSIST MORTGAGORS IN DEFAULT. —Except as provided in subsection (e), section 230 of the National Housing Act (12 U.S.C. 1715u) is amended to read as follows: "AUTHORITY TO ASSIST MORTGAGORS IN DEFAULT "SEC. 230. (a) PAYMENT OF PARTIAL CLAIM. — The Secretary may establish a program for payment of a partial claim to a mortgagee that agrees to apply the claim amount to payment of a mortgage on a 1- to 4-family residence that is in default. Any such pa3anent under such program to the mortgagee shall be made in the sole discretion of the Secretary and on terms and conditions acceptable to the Secretary, except that— "(1) the amount of the payment shall be in an amount determined by the Secretary, not to exceed an amount equivalent to 12 of the monthly mortgage payments and any costs related to the default that are approved by the Secretary; and "(2) the mortgagor shall agree to repay the amount of the insurance claim to the Secretary upon terms and conditions acceptable to the Secretary. The Secretap^ may pay the mortgagee, from the appropriate insurance fund, in connection with any activities that the mortgagee

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