24 CFR 203.353 : Housing And Urban Development (§ 0.1 To Parts 4101-4199) — (§ 200.1 To Parts 403-499) — Regulations Relating To Housing And Urban Development (Continued) (§ 200.1 To Parts 403-499) — Office Of Assistant Secretary For Housing - Federal Housing Commissioner, Department Of Housing And Urban Development (§ 200.1 To Parts 292-299) — Mortgage And Loan Insurance Programs Under National Housing Act And Other Authorities (§ 201.1 To § 267.22) — Single Family Mortgage Insurance (§ 203.1 To § 203.681) — Contract Rights And Obligations (§ 203.251 To § 203.499) — Assignment Of Mortgage (§ 203.350 To § 203.353) — Certification by mortgagee.

4 Aug 2016

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.

24 CFR 203.353