12 USC 1701x-2 – Legal assistance for foreclosure-related issues
(a) Establishment
The Secretary of Housing and Urban Development (hereafter in this section referred to as the “Secretary”) shall establish a program for making grants for providing a full range of foreclosure legal assistance to low- and moderate-income homeowners and tenants related to home ownership preservation, home foreclosure prevention, and tenancy associated with home foreclosure.
(b) Competitive allocation
Terms Used In 12 USC 1701x-2
- 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
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
The Secretary shall allocate amounts made available for grants under this section to State and local legal organizations on the basis of a competitive process. For purposes of this subsection “State and local legal organizations” are those State and local organizations whose primary business or mission is to provide legal assistance.
(c) Priority to certain areas
In allocating amounts in accordance with subsection (b), the Secretary shall give priority consideration to State and local legal organizations that are operating in the 125 metropolitan statistical areas (as that term is defined by the Director of the Office of Management and Budget) with the highest home foreclosure rates.
(d) Legal assistance
(1) In general
Any State or local legal organization that receives financial assistance pursuant to this section may use such amounts only to assist—
(A) homeowners of owner-occupied homes with mortgages in default, in danger of default, or subject to or at risk of foreclosure; and
(B) tenants at risk of or subject to eviction as a result of foreclosure of the property in which such tenant resides.
(2) Commence use within 90 days
Any State or local legal organization that receives financial assistance pursuant to this section shall begin using any financial assistance received under this section within 90 days after receipt of the assistance.
(3) Prohibition on class actions
No funds provided to a State or local legal organization under this section may be used to support any class action litigation.
(4) Limitation on legal assistance
Legal assistance funded with amounts provided under this section shall be limited to mortgage-related default, eviction, or foreclosure proceedings, without regard to whether such foreclosure is judicial or nonjudicial.
(5) Effective date
Notwithstanding any other provision of this Act, this subsection shall take effect on July 21, 2010.
(e) Limitation on distribution of assistance
(1) In general
None of the amounts made available under this section shall be distributed to—
(A) any organization which has been convicted for a violation under Federal law relating to an election for Federal office; or
(B) any organization which employs applicable individuals.
(2) Definition of applicable individuals
In this subsection, the term “applicable individual” means an individual who—
(A) is—
(i) employed by the organization in a permanent or temporary capacity;
(ii) contracted or retained by the organization; or
(iii) acting on behalf of, or with the express or apparent authority of, the organization; and
(B) has been convicted for a violation under Federal law relating to an election for Federal office.
(f) Authorization of appropriations
There are authorized to be appropriated to the Secretary $35,000,000 for each of fiscal years 2011 through 2012 for grants under this section.