In addition to specific powers provided elsewhere by law, the agency may:

(1) Sue and be sued;
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Terms Used In Tennessee Code 13-22-104

  • Agency: means the housing development agency, created pursuant to §. See Tennessee Code 13-22-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Rehabilitation: means the alteration, improvement or repair of one (1) or more housing accommodations and facilities incidental thereto, intended to raise the housing accommodations to the design and condition required for use. See Tennessee Code 13-22-101
  • State: means the state of Tennessee. See Tennessee Code 13-22-101
(2) Have a seal and alter it at will;
(3) Make contracts and other instruments;
(4) Make bylaws, rules and regulations governing its operations and the use of its property and facilities;
(5) Acquire, hold, mortgage, pledge and dispose of real or personal property;
(6) Appoint officers, agents and employees, prescribe their powers and duties and fix their compensation;
(7) Promote and encourage the investment in, and rehabilitation of, housing accommodations, primarily for persons of low and moderate income, and encourage and assist private sponsors and governmental agencies in such activities;
(8) Enter into commitments to insure mortgages and contracts of mortgage insurance and fulfill its obligations and enforce its rights under any insurance so furnished, including termination of such contracts or commitments as provided herein and as provided by rules and regulations adopted by the agency;
(9) Enter into agreements to pay annual sums in lieu of taxes to any political subdivision of the state with respect to any real property owned by the agency;
(10) Accept any gifts, grants or loans of funds or property or financial or other aid of any form from the state or federal government or any agency thereof or from any other sources and to comply with the terms and conditions thereof, not inconsistent with this chapter; provided, that any of the gifts, grants or loans of funds or property or financial or other aid of any form received pursuant to this chapter for subsequent use at the local level may be permitted by the agency to be administered by local housing authorities that have in existence or that create rehabilitation divisions, and the agency may, if it deems appropriate, contract with the local housing authorities to administer such programs that are financed as stated herein;
(11) Engage the services of any state department on a contract basis for rendering staff or professional assistance, and engage the services of any private person, firm or agency on a contract basis for rendering staff or professional assistance. Section 4-4-109 shall govern the transfer of costs associated with such interdepartmental services;
(12) Conduct its affairs, manage its business, and do any and all things necessary in aid of its purposes, powers and duties as defined by law;
(13) Subject to § 13-22-105, fix premium charges, and application and commitment fees, for the insurance of mortgages and commitments to insure mortgages and levy such fees and charges as the agency may determine, the payment of which shall be a condition to the issuance of the insurance or commitment to insure;
(14) Pay, pursue to final collection, compromise, waive or release any right, title, claim, lien or demand, however acquired, including any equity or right of redemption;
(15) Foreclose or require the foreclosure of any mortgage in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and bid for and purchase such property at any foreclosure or at any other sale, or otherwise acquire or take possession of any such property;
(16) Deal with, including hold, administer, manage, rent, repair, insure, or sell, lease or otherwise dispose of any property, at public or private sale, conveyed to or acquired by the agency and enter into agreements with the state, or with any person, firm, partnership or agency, either public or private, for the purpose of causing any such property to be dealt with in such manner;
(17) Procure insurance against any loss in connection with its property and other assets and procure reinsurance in connection with its obligations, all in such amounts and from such insurers as it deems desirable;
(18) Consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, or any other term, of any mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind which the agency has insured or to which the agency is a party;
(19) Sell, at public or private sale, any mortgage, mortgage participation or other obligation held by the agency;
(20) Invest any funds held in reserve, or any funds not required for immediate use or disbursement, at the discretion of the agency, in obligations of the state or federal government, obligations, the principal and interest of which are guaranteed by the state or federal government, or obligations of agencies of the federal government which may from time to time be legally purchased by the state treasurer as investments of funds belonging to the state, or in insured accounts as provided in § 13-22-108(d);
(21) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice; but no consultant costs shall be passed on to the borrower as a direct loan cost or charge; and
(22) Provide technical or professional assistance to further the purpose of the agency.
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