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PUBLIC LAW 93-533-DEC. 22, 1974
[88 STAT.
Public Law 93-533 December 22, 1974
—
semelnfnt'^pro-
AN ACT
To further the national housing goal of encouraging homeownership by regulating certain lending practices and closing and settlement procedures in federally related mortgage transactions to the end that unnecessary costs and difficulties of purchasing housing are minimized, and for other purposes.
Be it enacted by the Senate and House of Refveseiitathes United Sttttes of America in Congress assembled,
cedures Act of ^^^'*-
12 USC 2601
note.
of the
SHORT TITLE
1. This Act may be cited as the "Real Elstate Settlement Procedures Act of 1974". SECTION
F I N D I N G S AND PURPOSE
12 USC 2601.
SEC. 2. (a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. The Congress also finds that it has been over two years since the Secretary of Housing and Urban Development and the Administrator of Veterans' Affairs submitted their joint report to the Congress on "Mortgage Settlement Costs" and that the time has come for the recommendations for Federal legislative action made in that report to be implemented, (b) It is the purpose of this Act to effect certain changes in the settlement process for residential real estate that will result— (1) in more effective advance disclosure to home buyers and sellers of settlement costs; (2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services; (3) in a reduction in the amounts home buyers are required to place in escrow accounts established to insure the payment of real estate taxes and insurance; and (4) in significant reform and modernization of local recordkeeping of land title information. DEFINITIONS
12 USC 2602.
gj.(, 3 YoY purposes of this Act— (1) the term "federally related mortgage loan" includes any loan which— (A) is secured by residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from one to four families; and (B)(i) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is regulated by any agency of the Federal Government; or (ii) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary or any other officer or agency of the Federal Government or under or in connection with a housing or urban development
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