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Notice to occupants of pending acquisition. 


Directive Number: 203.675 


 
(a) At least 60 days, but not more than 90 days, before the date on
which the mortgagee reasonably expects to acquire title to the property,
the mortgagee shall notify the mortgagor and each head of household who
is actually occupying a unit of the property of its potential acquisition
by HUD. The mortgagee shall send a copy of this notification to the
appropriate HUD Field Office.
 
(b) The notice shall provide a brief summary of the conditions under
which continued occupancy is permissible and advise them that:
 
(1) Potential acquisition of the property by the Secretary is pending;
 
(2) The Secretary requires that properties be vacant at the time of
conveyance to the Secretary, unless the mortgagor or other occupant can
meet the conditions for continued occupany in Sec. 203.670, the
habitability criteria in Sec. 203.673, and the eligibility
criteria in Sec. 203.674;
 
(3) An occupant may request permission to remain in occupancy in the
event of acquisition of the property by the Secretary by notifying the
HUD Field Office in writing, with any required documentation, within 20
days of the date of the mortgagee's notice to the occupant;
 
(4) If an occupant seeks to qualify for continued occupancy under the
illness or injury provisions of Sec. 203.674(a), the occupant
shall provide to the HUD Field Office, at the time of the occupant's
request for permission to remain in occupancy, documentation to support
this claim. Documentation shall include an estimate of the time when the
patient could be moved without severely aggravating the illness or
injury, and a statement by a State-certified physician establishing the
validity of the occupant's claim. HUD may require more than one medical
opinion or may arrange an examination by a physician approved by HUD; and
 
(5) If an occupant fails to make a timely request, the property must
be vacated before the scheduled time of acquisition.
 
(Approved by the Office of Management and Budget under control
number 2502-0268)
 
[53 FR 875, Jan. 14, 1988, and 53 FR 8626, Mar. 16, 1988, as
amended at 58 FR 54246, Oct. 20, 1993]



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