{"identifier":"/us/usc/t12/s3752","title":12,"num":"\u00a7\u202f3752.","heading":"Definitions","text":"\u00a7\u202f3752.\nDefinitions\nFor purposes of this chapter, the following definitions shall apply:\n(1)\nBona fide purchaser\nThe term \u201cbona fide purchaser\u201d means a purchaser for value in good faith and without notice of any adverse claim, and who acquires the security property free of any adverse claim.\n(2)\nCounty\nThe term \u201ccounty\u201d has the same meaning as in\nsection 2 of title 1\n(3)\nMortgage\nThe term \u201cmortgage\u201d means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation.\n(4)\nMortgage agreement\nThe term \u201cmortgage agreement\u201d means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, including any instrument incorporated by reference therein and any instrument or agreement amending or modifying any of the foregoing.\n(5)\nMortgagor\nThe term \u201cmortgagor\u201d means the obligor, grantor, or trustee named in the mortgage agreement and, unless the context otherwise indicates, includes the current owner of record of the security property whether or not such owner is personally liable on the mortgage debt.\n(6)\nOwner\nThe term \u201cowner\u201d means any person who has an ownership interest in property and includes heirs, devises, executors, administrators, and other personal representatives, and trustees of testamentary trusts if the owner of record is deceased.\n(7)\nPerson\nThe term \u201cperson\u201d includes any individual, group of individuals, association, partnership, corporation, or organization.\n(8)\nRecord; recorded\nThe terms \u201crecord\u201d and \u201crecorded\u201d include \u201cregister\u201d and \u201cregistered\u201d in the instance of registered land.\n(9)\nSecurity property\nThe term \u201csecurity property\u201d means the property (real, personal or mixed) or an interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), together with fixtures and other interests subject to the lien of the mortgage under applicable State law.\n(10)\nSingle family mortgage\nThe term \u201csingle family mortgage\u201d means a mortgage that covers property on which there is located a 1- to 4-family residence, and that\u2014\n(A) is held by the Secretary pursuant to title I or title II of the National Housing Act [\n12 U.S.C. 1702\n(B) secures a loan obligated by the Secretary under\nsection 1452b of title 42\nsection 12839 of title 42\n(11)\nState\nThe term \u201cState\u201d means\u2014\n(A) the several States;\n(B) the District of Columbia;\n(C) the Commonwealth of Puerto Rico;\n(D) the United States Virgin Islands;\n(E) Guam;\n(F) American Samoa;\n(G) the Northern Mariana Islands;\n(H) the Trust Territory of the Pacific Islands; and\n(I) Indian tribes, as defined by the Secretary.","url":"https://projectusc.org/usc/t12/s3752.html","content":[{"t":"sec","id":"/us/usc/t12/s3752","children":[{"t":"num","text":"\u00a7\u202f3752."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For purposes of this chapter, the following definitions shall apply:"},{"t":"para","id":"/us/usc/t12/s3752/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Bona fide purchaser"},{"t":"content","children":[{"t":"p","text":"The term \u201cbona fide purchaser\u201d means a purchaser for value in good faith and without notice of any adverse claim, and who acquires the security property free of any adverse claim.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"County"},{"t":"content","children":[{"t":"p","text":"The term \u201ccounty\u201d has the same meaning as in ","children":[{"t":"ref","text":"section 2 of title 1","href":"/us/usc/t1/s2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Mortgage"},{"t":"content","children":[{"t":"p","text":"The term \u201cmortgage\u201d means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Mortgage agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cmortgage agreement\u201d means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, including any instrument incorporated by reference therein and any instrument or agreement amending or modifying any of the foregoing.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Mortgagor"},{"t":"content","children":[{"t":"p","text":"The term \u201cmortgagor\u201d means the obligor, grantor, or trustee named in the mortgage agreement and, unless the context otherwise indicates, includes the current owner of record of the security property whether or not such owner is personally liable on the mortgage debt.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Owner"},{"t":"content","children":[{"t":"p","text":"The term \u201cowner\u201d means any person who has an ownership interest in property and includes heirs, devises, executors, administrators, and other personal representatives, and trustees of testamentary trusts if the owner of record is deceased.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d includes any individual, group of individuals, association, partnership, corporation, or organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Record; recorded"},{"t":"content","children":[{"t":"p","text":"The terms \u201crecord\u201d and \u201crecorded\u201d include \u201cregister\u201d and \u201cregistered\u201d in the instance of registered land.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Security property"},{"t":"content","children":[{"t":"p","text":"The term \u201csecurity property\u201d means the property (real, personal or mixed) or an interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), together with fixtures and other interests subject to the lien of the mortgage under applicable State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Single family mortgage"},{"t":"chapeau","text":"The term \u201csingle family mortgage\u201d means a mortgage that covers property on which there is located a 1- to 4-family residence, and that\u2014"},{"t":"subpara","id":"/us/usc/t12/s3752/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is held by the Secretary pursuant to title I or title II of the National Housing Act [","children":[{"t":"ref","text":"12 U.S.C. 1702","href":"/us/usc/t12/s1702","tail":" et seq., 1707 et seq.]; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" secures a loan obligated by the Secretary under ","children":[{"t":"ref","text":"section 1452b of title 42","href":"/us/usc/t42/s1452b","tail":", as it existed before the repeal of that section by "},{"t":"ref","text":"section 12839 of title 42","href":"/us/usc/t42/s12839","tail":" (except that a mortgage securing such a loan that covers property containing nonresidential space and a 1- to 4-family dwelling shall not be subject to this chapter)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3752/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"State"},{"t":"chapeau","text":"The term \u201cState\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t12/s3752/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the several States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the District of Columbia;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Commonwealth of Puerto Rico;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the United States Virgin Islands;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Guam;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" American Samoa;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" the Northern Mariana Islands;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" the Trust Territory of the Pacific Islands; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3752/11/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Indian tribes, as defined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}