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What is the mortgagees liability to HUD, if a borrower pursues rebuilding efforts apart from the voluntary escrow agreement under the Mississippi Homeowner Grant Assistance Program?

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What is the mortgagees liability to HUD, if a borrower pursues rebuilding efforts apart from the voluntary escrow agreement under the Mississippi Homeowner Grant Assistance Program?

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A. Per ML 06-16, HUD encourages mortgagees to enter into escrow agreements for repair of properties using MDA grant funds. However, if a borrower elects not to enter into a voluntary escrow agreement, HUD will not hold mortgagees with Opt-In agreements liable if the borrower breaches the MDA covenants and the property is subsequently foreclosed and conveyed to HUD in exchange for a claim for insurance benefits. The mortgagee will be expected to reduce the claim by the cost to repair the property however, HUD will not deny conveyance based on a claim that the title is unmarketable because covenants have been breached nor will HUD predicate the calculation of the repair amount based on added construction costs resulting from the covenants.

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