United States v. Stadium Apartments, Inc.

425 F.2d 358
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 15, 1970
Docket22708
StatusPublished
Cited by66 cases

This text of 425 F.2d 358 (United States v. Stadium Apartments, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Stadium Apartments, Inc., 425 F.2d 358 (9th Cir. 1970).

Opinions

DUNIWAY, Circuit Judge:

This case presents the question whether state redemption statutes should apply when the Federal Housing Authority (FHA) forecloses a mortgage which it has guaranteed. We hold that such statutes do not apply.

The federal statute here involved is Title VI of the National Housing Act, 12 U.S.C. §§ 1736-1746a. The stated objective of Title VI is “to assist in relieving the acute shortage of housing * * * available to veterans of World War II at prices within their reasonable ability to pay * * * ” 12 U.S.C. § 1738(a). The statute confers authority upon the Secretary (formerly the Commissioner) “to make such rules and regulations as may be necessary to carry out the provisions of this subchapter.” 12 U.S.C. § 1742. Such regulations were promulgated, and those that were in force in November 1949, when the mortgage here in question was executed and insured appear in the 1947 Supplement to the Code of Federal Regulations. (24 C.F.R. § 580 (1947 Supp.).) Citations to C.F.R. in this opinion are to the 1947 supplement.

The way in which the Act and regulations operated are well illustrated in this case. In 1949, appellee Stadium Apartments, Inc., desired to construct, under Title VI, an apartment house in Caldwell, Idaho. It applied to Prudential Insurance Company for a loan. Such a loan was eligible for insurance under 12 U.S.C. § 1743(a). The conditions for eligibility are set out in 12 U.S.C. § 1743(b). The mortgagor must be approved by the Secretary, who can impose certain regulations upon both the mortgagor and the property mortgaged. Certain terms of the mortgage are also prescribed. Application for approval was made, as required by 24 C.F.R. §§ 580.1-580.7. The FHA then issued a commitment of insurance, as required by 24 C.F.R. § 580.8. The mortgage was executed upon a form prescribed by FHA, and accepted for insurance. 24 C.F.R. §§ 580.10-580.37. The amount of the insured loan was $130,000. The mortgage contained this provision:

“The Mortgagor, to the extent permitted by law, hereby waives the benefit of any and all homestead and exemption laws and of any right to a stay or redemption and the benefit of any moratorium law or laws.”

Stadium Apartments defaulted in 1966, and Prudential assigned the mortgage to the Secretary of Housing and Urban Development, pursuant to 12 U. S.C. § 1743(c). The Secretary paid Prudential the amount then due, as required by 12 U.S.C. § 1743(c). The United States then obtained a default judgment foreclosing the mortgage, 12 U.S.C. §§ 1713(k), 1743(f). The district judge, in spite of the foregoing provision, framed the foreclosure decree to allow for a one-year period of redemption, as provided by 2 Idaho Code § 11-402.1 The question is whether this was error.

Stadium Apartments, Inc., having defaulted, is not represented here. Be[360]*360cause the question is of some importance, we were disturbed that the government had chosen to appeal this uncontested case, when hitherto the FHA has at times consented to decrees providing for post-sale redemption rights as required by state laws.2 We therefore determined, following the initial oral argument in which only government counsel appeared, that the Attorneys General of the states within our circuit and of the Territory of Guam should be invited to submit amicus curiae briefs. The State of California has done so, taking a position opposed to that advocated by the government. Washington, Arizona and Guam adopt California’s view. We were also unsure that the government’s position in this case comported with the policies of various federal lending agencies; hence, we requested information from the government regarding such policies, as well as relevant statistics on past lending practices. Armed with this information, and additional briefs, and having now had the benefit of further oral argument, we are more fully prepared to render our decision.

It is settled that the applicable law is federal. In a decision that has become a leading case on the question, United States v. View Crest Garden Apts., Inc., 9 Cir., 1959, 268 F.2d 380, 381, arising under the National Housing Act, Title II, 12 U.S.C. § 1707 ff. we held:

“But we do find it to be clear that the source of the law governing the relations between the United States and the parties to the mortgage here involved is federal. (Citations omitted) * * * It is therefore equally clear that if the law of the State of Washington is to have any application in the foreclosure proceeding it is not because it applies of its own force, but because either the Congress, the FHA, or the Federal Court adopts the local rule to further federal policy.” 268 F.2d at 382.

The first question is whether the Congress adopted state law in its definition of “mortgage” and “first mortgage.” California argues that it did. The language relied upon appears in 12 U.S.C. § 1736(a), and reads:

“The term ‘mortgage’ means a first mortgage on real estate, in fee simple, or on a leasehold (1) under a lease for not less than ninety-nine years which is renewable; or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed; and the term ‘first mortgage’ means such classes of first liens as are commonly given to secure advances on, or the unpaid pur[361]*361chase price of, real estate, under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby.”

We rejected California’s argument in View Crest, supra, where identical language in 12 U.S.C. § 1707 was relied upon. We said:

“The argument is that in adopting the state definition of ‘first mortgage,’ Congress intended to adopt all

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Guild Mortg. Co. v. Prestwick Court Trust
293 F. Supp. 3d 1228 (D. Nevada, 2018)
JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC
200 F. Supp. 3d 1141 (D. Nevada, 2016)
NBC-USA HOUSING, INC., TWENTY-SIX v. Donovan
774 F. Supp. 2d 277 (District of Columbia, 2011)
United States v. Einum
821 F. Supp. 1283 (W.D. Wisconsin, 1992)
United States v. Molitor
157 B.R. 427 (W.D. Wisconsin, 1992)
Whitehead v. Derwinski
904 F.2d 1362 (Ninth Circuit, 1990)
Whitehead v. Turnage
701 F. Supp. 795 (W.D. Washington, 1988)
Dupnik v. United States
848 F.2d 1476 (Ninth Circuit, 1988)
United States v. Vallejo
660 F. Supp. 535 (W.D. Washington, 1987)
In Re Garden Manor Associates
70 B.R. 477 (N.D. California, 1987)
United States v. Elverud
640 F. Supp. 692 (D. North Dakota, 1986)
United States v. Black
622 F. Supp. 669 (W.D. Pennsylvania, 1985)
United States v. Occi Company, a Partnership
758 F.2d 1160 (Seventh Circuit, 1985)
United States v. Beacon Terrace Mutual Homes, Inc.
594 F. Supp. 53 (D. Maryland, 1984)
United States v. Gross Realty & Construction Co.
586 F. Supp. 231 (E.D. Pennsylvania, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
425 F.2d 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-stadium-apartments-inc-ca9-1970.