Eviction - HUD Due Process Requirements
As a division of HUD, Fannie Mae is required to follow federal HUD due process regulations regarding foreclosure & eviction.
If you are under the illusion that FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) is *not* under HUD... think again. Take a look at 12 USC § 1717.
https://uscode.house.gov/view.xhtml?req=(title:12%20section:1717%20edition:prelim)
12 USC 1717: Federal National Mortgage Association and Government National Mortgage Association
Text contains those laws in effect on Nov 24, 2022
From Title 12-BANKS AND BANKING
CHAPTER 13-NATIONAL HOUSING
SUBCHAPTER III-NATIONAL MORTGAGE ASSOCIATIONS
§1717. Federal National Mortgage Association and Government National Mortgage Association
(a) Creation; succession; principal and other offices
(1) There is created a body corporate to be known as the "Federal National Mortgage Association", which shall be in the Department of Housing and Urban Development. The Association shall have succession until dissolved by Act of Congress. It shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof.
Since ALL evictions fall under federal preemption, with certain exceptions for drug dealing & non-payment of rent (the landlord must have a signed lease with the tenant) that are listed for each state in the Federal Register found at this link:
https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7060.pdf
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices
Pg 13276 & 13277
In order to initiate a Due Process hearing by HUD, the landlord must submit to HUD a lease or rental agreement signed by a tenant. So the ‘non-payment of rent’ concept is out the window since neither Fannie Mae nor anyone bidding on my home has a lease or rental agreement associated with my property.
If you are under the illusion that FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) is *not* under HUD... think again. Take a look at 12 USC § 1717.
https://uscode.house.gov/view.xhtml?req=(title:12%20section:1717%20edition:prelim)
12 USC 1717: Federal National Mortgage Association and Government National Mortgage Association
Text contains those laws in effect on Nov 24, 2022
From Title 12-BANKS AND BANKING
CHAPTER 13-NATIONAL HOUSING
SUBCHAPTER III-NATIONAL MORTGAGE ASSOCIATIONS
§1717. Federal National Mortgage Association and Government National Mortgage Association
(a) Creation; succession; principal and other offices
(1) There is created a body corporate to be known as the "Federal National Mortgage Association", which shall be in the Department of Housing and Urban Development. The Association shall have succession until dissolved by Act of Congress. It shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof.
Since ALL evictions fall under federal preemption, with certain exceptions for drug dealing & non-payment of rent (the landlord must have a signed lease with the tenant) that are listed for each state in the Federal Register found at this link:
https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7060.pdf
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Notices
Pg 13276 & 13277
In order to initiate a Due Process hearing by HUD, the landlord must submit to HUD a lease or rental agreement signed by a tenant. So the ‘non-payment of rent’ concept is out the window since neither Fannie Mae nor anyone bidding on my home has a lease or rental agreement associated with my property.
