Ponce Federal Bank, FSB v. Secretary of Department of Housing & Urban Development of United States

690 F. Supp. 1145, 1988 WL 82141
CourtDistrict Court, D. Puerto Rico
DecidedAugust 3, 1988
DocketCiv. No. 86-0687 (RLA)
StatusPublished

This text of 690 F. Supp. 1145 (Ponce Federal Bank, FSB v. Secretary of Department of Housing & Urban Development of United States) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ponce Federal Bank, FSB v. Secretary of Department of Housing & Urban Development of United States, 690 F. Supp. 1145, 1988 WL 82141 (prd 1988).

Opinion

OPINION AND ORDER

ACOSTA, District Judge.

This case has been submitted, by joint stipulation of the parties, for adjudication without a hearing or trial.

The plaintiff’s action for declaratory judgment at bottom involves the interpretation of 12 U.S.C. § 1703(f) of the National Housing Act of 1954. The defendant has moved the Court to dismiss this action alleging that declaratory relief would not resolve the controversy and thus would be purely advisory. Alternatively, the defendant asks that declaratory judgment be entered in its favor. After careful review, the Court orders as follows.

PROCEDURAL HISTORY

The plaintiff, Ponce Federal Bank (Bank), filed an action for declaratory judgment before this Court on May 5,1986. On August 27, 1986 the defendant, the Secretary of the Department of Housing and Urban Development of the United States (HUD) filed an answer and moved that the Bank’s motion be dismissed based on lack of subject matter jurisdiction. Following 120 days of discovery and a pretrial conference, a trial date was set for June 1, 1987 before this Court. The final pretrial order was approved (docket No. 11 filed February 3, 1987) and stipulations, with exhibits, were submitted (docket No. 12 filed February 10, 1987). Based on the parties’ submissions the trial date was vacated and the parties ordered to file memoranda of law.

In the subsequently submitted memoranda of law, HUD withdrew its motion for dismissal based on the lack of subject matter jurisdiction.

FACTS

The essential facts in the case are not in dispute. In 1960 the Bank entered into a Contract of Insurance with HUD for Home Improvement Loans (Section 2) whereby the Bank was insured by HUD against default of mortgage loans granted pursuant to Title I of the National Housing Act, 12 U.S.C. § 1702 et seq. In exchange, the Bank reserves 10% of the net proceeds of each loan in a separate account at the Federal Housing Administration (FHA), an agency of HUD. 24 C.F.R. §§ 200.176, 201.32(a). This is known as the “general insurance reserve fund.” In turn, the FHA/HUD reimburses the Bank for claims on defaulted loans including applicable fees and charges but not exceeding the total funds in the Bank’s general insurance reserve fund, i.e., the aggregate of the 10% of each insured loan. 24 C.F.R. § 201.10(a)(1).

In order to defray the operating expenses of the FHA, the Bank is obligated to pay a premium. 24 C.F.R. § 200.179. The premium is not to exceed 1 per centum per year of the net proceeds of insured loans “for the term of obligation.” 12 U.S. C. 1703(f). The Secretary of HUD has the authority to formulate the specific terms for the payment of insurance premiums. 12 U.S.C. § 1703(f), (h). In this case, insurance premiums are paid monthly.

On October 2, 1981, an officer of FHA/HUD notified the Bank by letter that its Title I Contract of Insurance would be cancelled within five days. The letter further stated that the cancellation did not affect any insurance benefits for Title I [1147]*1147loans previously approved. The letter noted that FHA/HUD would continue to pay claims up to the amount of the Bank’s general insurance reserve fund and that the Bank was to continue paying premiums. This arrangement was observed by both parties.

Early in 1985, the Bank’s general insurance reserve account was exhausted and on February 20, 1985, FHA/HUD returned unpaid claims to the Bank. As of that time, the Bank discontinued insurance premium payments.

DISCUSSION

The Act

The issue before this Court is the interpretation of 12 U.S.C. § 1703(f) of the National Housing Act which states in part:

The Secretary shall fix a premium charge for the insurance here after granted under this section, but in the case of any loan ... such premium charge shall not exceed an amount equivalent to 1 per centum per annum of the net proceeds of such loan ... for the term of such obligation, and such premium charge shall be payable in advance by the financial institution and shall be paid at such time and in such manner as may be prescribed by the Secretary. (Emphasis added.)

The plaintiff contends that HUD’s position requiring the Bank to continue the monthly payment of insurance premiums “for the term of such obligations” of each loan when FHA accepts no insurance risk and provides no insurance benefits is an “unreasonable, arbitrary, capricious and oppressive interpretation” of the Act (Plaintiff’s memorandum, docket No. 14, p. 4, submitted March 9, 1987). HUD maintains that the obligation to pay insurance premiums for each Title I loan (specifically, Section 2 of Title I, Home Improvement Loans) is accepted at the inception of the loan and extends until the loan matures or is paid out, whichever occurs first, even in the case where claims will not be paid due to exhaustion of the Bank’s general insurance reserve fund.

Based on the plain language of the statute and absent additional statutory instruction, the Court agrees that the Bank’s obligation to pay insurance premiums does not cease despite the discontinuation of insurance benefits.

In 1960, the Bank was accepted as a Title I lender and a Contract of Insurance for property improvement loans under Title I was signed by both parties. Such agreement was signed voluntarily by the Bank as was the subsequent granting of loans under Section 2 of Title I. Accordingly, the Bank accepted the benefits as well as the burdens of the contract terms. See Federal Savings & Loan Ins. Corp. v. Edison Savings & Loan Assn., 83 F.Supp. 1007 (S.D.N.Y.) aff'd, 177 F.2d 638 (2nd Cir. 1949); Federal Savings & Loan Ins. Corp. v. Grand Forks Building & Loan Assn., 85 F.Supp. 248 (D.N.D.1949).

The statutory language of 12 U.S.C. § 1703(f) of the National Housing Act is clear and unambiguous. The plain language of the statute requires the lending institution to pay insurance premiums for loans generated and approved pursuant to Title I for the term of such obligation. Absent further statutory authority regulating the lending institution’s obligation to pay insurance premiums on eligible loans once the insurance contract is cancelled, this statute must be interpreted strictly and remain the primary authority regulating the applicable terms of the Contract of Insurance at issue here.1

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Bluebook (online)
690 F. Supp. 1145, 1988 WL 82141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponce-federal-bank-fsb-v-secretary-of-department-of-housing-urban-prd-1988.