In this chapter, the following definitions shall apply:
The term "adjustable rate mortgage" means a residential mortgage that has an interest rate that is subject to change. A residential mortgage that:
The term "cancellation date" means-
The term "fixed rate mortgage" means a residential mortgage that has an interest rate that is not subject to change.
The term "good payment history" means, with respect to a mortgagor, that the mortgagor has not-
The term "initial amortization schedule" means a schedule established at the time at which a residential mortgage transaction is consummated with respect to a fixed rate mortgage, showing-
The term "amortization schedule then in effect" means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows-
The term "midpoint of the amortization period" means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.
The term "mortgage insurance" means insurance, including any mortgage guaranty insurance, against the nonpayment of, or default on, an individual mortgage or loan involved in a residential mortgage transaction.
The term "mortgage insurer" means a provider of private mortgage insurance, as described in this chapter, that is authorized to transact such business in the State in which the provider is transacting such business.
The term "mortgagee" means the holder of a residential mortgage at the time at which that mortgage transaction is consummated.
The term "mortgagor" means the original borrower under a residential mortgage or his or her successors or assignees.
The term "original value", with respect to a residential mortgage transaction, means the lesser of the sales price of the property securing the mortgage, as reflected in the contract, or the appraised value at the time at which the subject residential mortgage transaction was consummated. In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.
The term "private mortgage insurance" means mortgage insurance other than mortgage insurance made available under the National Housing Act [ 12 U.S.C. 1701 et seq.], title 38, or title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.].
The term "residential mortgage" means a mortgage, loan, or other evidence of a security interest created with respect to a single-family dwelling that is the principal residence of the mortgagor.
The term "residential mortgage transaction" means a transaction consummated on or after the date that is 1 year after July 29, 1998, in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against a single-family dwelling that is the principal residence of the mortgagor to finance the acquisition, initial construction, or refinancing of that dwelling.
The term "servicer" has the same meaning as in section 2605(i)(2) of this title, with respect to a residential mortgage.
The term "single-family dwelling" means a residence consisting of 1 family dwelling unit.
The term "termination date" means-
12 U.S.C. § 4901
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning Pub. L. 105-216, 112 Stat. 897, known as the Homeowners Protection Act of 1998. For complete classification of this Act to the Code, see Short Title note below and Tables.The National Housing Act, referred to in par. (13), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§1701 et seq.) of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables.The Housing Act of 1949, referred to in par. (13), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Act is classified generally to subchapter III (§1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.
AMENDMENTS2000-Par. (1). Pub. L. 106-569, §402(b), inserted at end "A residential mortgage that: (A) does not fully amortize over the term of the obligation; and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this chapter."Par. (2)(B)(i). Pub. L. 106-569, §402(a)(1)(A), substituted "the amortization schedule then in effect" for "amortization schedules".Par. (4)(A). Pub. L. 106-569, §405(a)(1), inserted "the later of (i)" before "the date on which the mortgage" and ", or (ii) the date that the mortgagor submits a request for cancellation under section 4902(a)(1) of this title" before the semicolon.Par. (4)(B). Pub. L. 106-569, §405(a)(2), inserted "the later of (i)" before "the date on which the mortgage" and ", or (ii) the date that the mortgagor submits a request for cancellation under section 4902(a)(1) of this title" before period at end.Par. (6). Pub. L. 106-569, §402(a)(1)(D), added par. (6). Former par. (6) redesignated (8).Par. (7). Pub. L. 106-569, §406(b), added par. (7). Former par. (7) redesignated (9).Pars. (8) to (11). Pub. L. 106-569, §402(a)(1)(C), redesignated pars. (6) to (9) as (8) to (11), respectively. Former pars. (10) and (11) redesignated (12) and (13), respectively.Par. (12). Pub. L. 106-569, §406(c), inserted "transaction" after "a residential mortgage" and inserted at end "In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction." Pub. L. 106-569, §402(a)(1)(C), redesignated par. (10) as (12). Former par. (12) redesignated (14).Par. (13). Pub. L. 106-569, §402(a)(1)(C), redesignated par. (11) as (13). Former par. (13) redesignated (15). Par. (14). Pub. L. 106-569, §406(d)(1), substituted "principal residence of the mortgagor" for "primary residence of the mortgagor". Pub. L. 106-569, §402(a)(1)(C), redesignated par. (12) as (14). Former par. (14) redesignated (16).Par. (15). Pub. L. 106-569, §406(d)(2), substituted "principal residence of the mortgagor" for "primary residence of the mortgagor". Pub. L. 106-569, §402(a)(1)(C), redesignated par. (13) as (15). Former par. (15) redesignated (17). Par. (16). Pub. L. 106-569, §402(a)(1)(C), redesignated par. (14) as (16). Former par. (16) redesignated (18).Par. (16)(B). Pub. L. 106-569, §402(a)(1)(B), substituted "the amortization schedule then in effect" for "amortization schedules".Pars. (17), (18). Pub. L. 106-569, §402(a)(1)(C), redesignated pars. (15) and (16) as (17) and (18), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 105-216, §13, July 29, 1998, 112 Stat. 908, provided that: "This Act [enacting this chapter and amending section 1088 of Title 20, Education], other than section 14 [enacting provisions set out as notes under sections 1441a and 1831q of this title and amending provisions set out as a note under section 1831q of this title], shall become effective 1 year after the date of enactment of this Act [July 29, 1998]."
SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-569, title IV, §401, Dec. 27, 2000, 114 Stat. 2956, provided that: "This title [amending this section and sections 4902, 4903, and 4905 of this title] may be cited as the 'Private Mortgage Insurance Technical Corrections and Clarification Act'."
SHORT TITLE Pub. L. 105-216, §1(a), July 29, 1998, 112 Stat. 897, provided that: "This Act [enacting this chapter, amending section 1088 of Title 20, Education, enacting provisions set out as notes under sections 1441a and 1831q of this title, and amending provisions set out as a note under section 1831q of this title] may be cited as the 'Homeowners Protection Act of 1998'."
- State
- The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.