12 U.S.C. § 3752 | Definitions

For purposes of this chapter, the following definitions shall apply:

(1)

Bona fide purchaser

The term “bona fide purchaser” means a purchaser for value in good faith and without notice of any adverse claim, and who acquires the security property free of any adverse claim.

(2)

County

section 2 of title 1The term “county” has the same meaning as in .

(3)

Mortgage

The term “mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation.

(4)

Mortgage agreement

The term “mortgage agreement” means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, including any instrument incorporated by reference therein and any instrument or agreement amending or modifying any of the foregoing.

(5)

Mortgagor

The term “mortgagor” means the obligor, grantor, or trustee named in the mortgage agreement and, unless the context otherwise indicates, includes the current owner of record of the security property whether or not such owner is personally liable on the mortgage debt.

(6)

Owner

The term “owner” means any person who has an ownership interest in property and includes heirs, devises, executors, administrators, and other personal representatives, and trustees of testamentary trusts if the owner of record is deceased.

(7)

Person

The term “person” includes any individual, group of individuals, association, partnership, corporation, or organization.

(8)

Record; recorded

The terms “record” and “recorded” include “register” and “registered” in the instance of registered land.

(9)

Security property

The term “security property” means the property (real, personal or mixed) or an interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), together with fixtures and other interests subject to the lien of the mortgage under applicable State law.

(10)

Single family mortgage

The term “single family mortgage” means a mortgage that covers property on which there is located a 1- to 4-family residence, and that—

(A)

12 U.S.C. 1702 is held by the Secretary pursuant to title I or title II of the National Housing Act [ et seq., 1707 et seq.]; or

(B)

section 1452b of title 42 section 12839 of title 42 secures a loan obligated by the Secretary under , as it existed before the repeal of that section by (except that a mortgage securing such a loan that covers property containing nonresidential space and a 1- to 4-family dwelling shall not be subject to this chapter).

(11)

State

The term “State” means—

(A)

the several States;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico;

(D)

the United States Virgin Islands;

(E)

Guam;

(F)

American Samoa;

(G)

the Northern Mariana Islands;

(H)

the Trust Territory of the Pacific Islands; and

(I)

Indian tribes, as defined by the Secretary.

Pub. L. 103–327, title IISept. 28, 1994108 Stat. 2316(, , .)

Editorial Notes

References in Text

act June 27, 1934, ch. 847 48 Stat. 1246 section 1701 of this titleThe National Housing Act, referred to in par. (10)(A), is , . Titles I and II of the Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see and Tables.

Codification

July 13, 1994Pub. L. 103–327Section is based on section 803 of title VIII of S. 2281, One Hundred Third Congress, as reported , which was enacted into law by .

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.