(a) Election of option. Before the mortgage is submitted for insurance endorsement, the mortgagee shall elect either the assignment option or the shared premium option.
(1) Under the assignment option, the mortgagee shall have the option of assigning the mortgage to the Secretary if the mortgage balance is equal to or greater than 98 percent of the maximum claim amount, or the mortgagor has requested a payment which exceeds the difference between the maximum claim amount and the mortgage balance and:
(i) The mortgagee is current in making the required payments under the mortgage to the mortgagor;
(ii) The mortgagee is current in its payment of the MIP (and late charges and interest on the MIP, if any) to the Secretary;
(iii) The mortgage is not due and payable under Sec. 206.27(c)(1); and
(iv) The mortgagee has not informed the Secretary of an event described in Sec. 206.27(c)(2), or the Secretary has been so informed but has denied approval for the mortgage to be due and payable. At the mortgagee's option, the mortgagee may forgo assignment of the mortgage and file a claim under any of the circumstances described in Sec. 206.123(a)(2)-(5).
(v) The mortgage is a first lien of record and title to the property securing the mortgage is good and marketable. The provisions of Sec. 203.353 of this chapter pertaining to mortgagee certifications, Sec. 203.387 of this chapter pertaining to title evidence, and Sec. 203.389 of this chapter pertaining to waived title objections also apply.
(2) Under the shared premium option, the mortgagee may not assign a mortgage to the Secretary unless the mortgagee fails to make payments and the Secretary demands assignment (Sec. 206.123(a)(2)), but the mortgagee shall only be required to remit a reduced monthly MIP to the Secretary. The mortgagee shall collect from the mortgagor the full amount of the monthly MIP provided in Sec. 206.105(b) but shall retain a portion of the monthly MIP paid by the mortgagor as compensation for the default risk assumed by the mortgagee. The portion of the MIP to be retained by a mortgagee shall be determined by the Secretary as calculated in Sec. 206.109. For a particular mortgage, the applicable portion shall be determined as of the date of the commitment. The mortgagee retains the right to file a claim under any of the circumstances described in Sec. 206.123(a)(2)-(5).
(b) No election for shared appreciation. Shared appreciation mortgages shall be insured by the Secretary only under the shared premium option. [54 FR 24833, June 9, 1989, as amended at 60 FR 42761, Aug. 16, 1995]