(a) The contract of insurance shall terminate if any of the following occurs:
- (1) The mortgage is paid in full;
- (2) The HFA acquires the mortgaged property and notifies the Commissioner that it will not file an insurance claim;
- (3) A party other than HFA acquires the property at a foreclosure sale;
- (4) The HFA notifies the Commissioner of Termination of Insurance (voluntary termination);
- (5) The HFA or its successors commit fraud or make a material misrepresentation to the Commissioner with respect to information culminating in the contract of insurance on the mortgage or while the contract of insurance is in existence;
- (6) The receipt by the Commissioner of an Application for Final Claims Settlement;
- (7) If the HFA acquires the mortgaged property and fails to make an initial claim.
- (b) In lieu of termination of the mortgage insurance contract pursuant to paragraph (a)(5) of this section, the Commissioner may, in his or her full discretion, permit a Level I participant rated “A” or higher to indemnify HUD, or otherwise reimburse HUD in a manner acceptable to the Commissioner, for the full amount of the mortgage claim.
[59 FR 62524, Dec. 5, 1994, as amended at 85 FR 83440, 83445, Dec. 22, 2020]