24 CFR 203.353
§ 203.353 Certification by mortgagee.
United States · 24 CFR — Housing and Urban Development · Status: effective
Cite this
- Citation
- 24 CFR 203.353, § 203.353 Certification by mortgagee, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/99559
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Full text
At the time of assignment of the mortgage, the mortgagee shall certify to the Commissioner that:
(a) Priority of mortgage to liens. The mortgage is prior to all mechanics' and materialmen's liens filed of record, regardless of when such liens attach, and prior to all liens and encumbrances, or defects which may arise except such liens or other matters as may have been approved by the Commissioner;
(b) Amount due. The amount stated in the instrument of assignment is actually due and owing under the mortgage;
(c) Offsets or counterclaims. There are no offsets or counterclaims thereto and the mortgagee has a good right to assign.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.