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Regulation: 12 CFR Part 226
Authorizing Statute: 12 U.S. Code § 3806
Agency: Federal Reserve System
Restrictions: 4,051
Delegation Category: Specific Authority checkmark icon

The statute identifies a specific regulatory task: prescribing regulations to ensure adjustable rate mortgage loans include a limitation on the maximum interest rate. Even though “to carry out the purposes of this section” is a broad standard, the statute clearly identifies the task to be accomplished which is to set maximum interest rate limitations.

Relationship: directly mandated
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Subsection (b) of the statute explicitly states that the Board of Governors of the Federal Reserve System “shall prescribe regulations to carry out the purposes of this section.” This is a direct mandate to issue regulations. Furthermore, the CFR citation provided lists 12 U.S.C. 3806 in its authority, so the link can be confirmed.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3766
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

Even though § 3766 itself doesn’t specifically delegate authority to the agency to create regulations, it does provide a clear, specific instruction. This impacts how the agency is to interpret time periods as they apply the rest of the statutes that give them authority to regulate nonjudicial foreclosures.

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 3766, provides a specific instruction on how to calculate periods of time within Chapter 12. The regulation, 24 CFR Part 27, deals with nonjudicial foreclosures and cites a range of statutes in 12 U.S.C., including sections 3701-3717 and 3751-3768, as its authority. While § 3766 falls within Chapter 12, it’s not directly mandated that the agency create regulations specifically about the computation of time as laid out in § 3766. The agency is authorized to create regulations about foreclosures and related topics within the specified sections of Title 12. Thus, the statute is authorized, but not mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3767
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: No Delegation

This statute does not delegate any authority to an agency. It is a severability clause related to statutory interpretation. Therefore, Hickman’s delegation framework does not apply.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute, 12 U.S.C. § 3767, is a severability clause. It states that if any part of the chapter it belongs to is deemed invalid, the rest of the chapter remains valid. While 24 CFR Part 27 is authorized under 12 U.S.C. 3701-3717 and 3751-3768, encompassing provisions about single and multifamily mortgage foreclosure, section 3767 does not directly mandate or explicitly authorize any regulation. A severability clause is a standard legislative practice and therefore is related to the legal framework of any regulation created pursuant to the chapter of the US Code to which it applies but it neither explicitly or directly authorizes nor mandates any specific regulation.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3768
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute gives the Secretary the specific authority to refer cases to the Attorney General. It provides a clear, albeit discretionary, task related to deficiency judgments following foreclosure sales.

Relationship: authorized but not mandated
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The regulation, 24 CFR Part 27, cites 12 U.S.C. § 3768 in its authority section, indicating that it is authorized by the statute. However, the statute does not explicitly mandate the agency to create regulations; it provides the option for the Secretary to refer matters to the Attorney General.

Regulation: 12 CFR Part 303
Authorizing Statute: 12 U.S. Code § 378
Agency: Federal Deposit Insurance Corporation
Restrictions: 479
Delegation Category: Specific Authority checkmark icon

The statute outlines specific regulations and restrictions regarding banking activities, providing the FDIC with the authority to create filing procedures related to these activities. This falls under specific authority delegation, as it directs the agency on a specific regulatory task or gap.

Relationship: directly mandated
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12 U.S.C. 378 is explicitly listed as authority for 12 CFR Part 303.

Regulation: 12 CFR Part 1004
Authorizing Statute: 12 U.S. Code § 3802
Agency: Consumer Financial Protection Bureau
Restrictions: 17
Delegation Category: Specific Authority checkmark icon

The statute directs the agency to define “alternative mortgage transaction,” specifying the subject matter and task. Even though the statute uses the phrase “described and defined by applicable regulation,” which is somewhat open-ended, it still clearly instructs the agency on a specific regulatory task.

Relationship: directly mandated
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12 U.S.C. § 3802(1) explicitly states that “alternative mortgage transaction” is “described and defined by applicable regulation,” directly mandating regulatory action to fully define the term.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3761
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

While the statute dictates many of the foreclosure costs, section (5) delegates to the Secretary the authority to authorize the commission paid to a foreclosure commissioner. Although seemingly narrow, this constitutes specific authority delegation under Hickman’s framework, instructing the agency on a specific task (commission payment) and using the term “authorized.”

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 3761, outlines specific foreclosure costs and, in subsection (5), states that a commission for the foreclosure commissioner shall be paid “to the extent such a commission is authorized by the Secretary.” 24 CFR Part 27 implements regulations concerning nonjudicial foreclosure of mortgages and cites 12 U.S.C. 3701-3717 and 3751-3768 as authority. Since the statute authorizes the Secretary to determine the commission for the foreclosure commissioner, the relationship is authorized but not mandated. The regulation elaborates on the procedures for foreclosure, which is generally authorized by the statute.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3762
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

Although Section 3762 is quite specific about the order in which funds should be distributed, the statute is contained within a broader set of authorities covering non-judicial foreclosures (12 U.S.C. 3701-3717 & 3751-3768). The regulation, 24 CFR Part 27, further clarifies the foreclosure process and rules. While the statute has a specific focus, the broader authority grants the agency (HUD) the power to create comprehensive rules around foreclosure, including the disposition of sale proceeds addressed in Section 3762, indicating a delegation of specific authority within a wider scope.

Relationship: authorized but not mandated
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12 U.S.C. 3762 provides a specific procedure for the disposition of sale proceeds in foreclosure. While the statute itself dictates the order of priority, the regulation at 24 CFR Part 27 provides more comprehensive rules for nonjudicial foreclosures, which includes procedures for multifamily and single family mortgages. Therefore, the regulation is authorized but not directly mandated by the statute. The statute outlines what to do with the proceeds, while the regulation provides how to conduct the foreclosure process, including the disposition of proceeds.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3763
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute explicitly instructs the agency regarding foreclosure procedures, transfer of title, right of possession, and other specific aspects related to non-judicial foreclosure. It delineates specific responsibilities and outcomes related to foreclosure.

Relationship: directly mandated
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12 U.S.C. § 3763 is explicitly listed within the authority section of 24 CFR Part 27. This indicates a direct mandate.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3764
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute specifically lists the items that “shall” be included in the record of foreclosure. This is a clear instruction to the agency on a specific regulatory task. The statute is not a broad grant of authority but a detailed instruction.

Relationship: authorized but not mandated
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12 U.S.C. § 3764 falls within the range of statutes cited as authority for 24 CFR Part 27 (specifically, 12 U.S.C. 3751-3768). While the statute itself doesn’t mandate specific regulations implementing its recording requirements, it authorizes the Secretary to establish procedures for non-judicial foreclosure, which inherently includes record-keeping.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3765
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute falls under Specific Authority because it provides detailed instructions regarding the effect of a foreclosure sale, specifying which individuals’ claims are barred and under what conditions. It directly addresses a specific regulatory task within the broader framework of non-judicial foreclosures.

Relationship: directly mandated
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12 U.S.C. § 3765 is directly mandated because it establishes the legal effect of a sale conducted as prescribed in the chapter on non-judicial foreclosures. The statute itself dictates the outcome of such sales, outlining who is barred from making claims on the property.

Regulation: 12 CFR Part 31
Authorizing Statute: 12 U.S. Code § 375a
Agency: Comptroller of the Currency
Restrictions: 16
Delegation Category: General Authority sword icon

While the statute does delineate some specific requirements regarding loans to executive officers, section (8) provides broad authority to the Board of Governors to prescribe rules and regulations, including defining terms, as they deem necessary to effectuate the purposes and prevent evasions of the entire section. This exceeds a specific task and allows for expansive rulemaking.

Relationship: directly mandated
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12 U.S.C. § 375a(8) explicitly authorizes the Board of Governors of the Federal Reserve System to “prescribe such rules and regulations, including definitions of terms, as it deems necessary to effectuate the purposes and to prevent evasions of this section.” Furthermore, 12 CFR Part 31.1 cites 12 U.S.C. 375a(4) as authority for the entire regulation. This constitutes a direct mandate.

Regulation: 12 CFR Part 337
Authorizing Statute: 12 U.S. Code § 375a
Agency: Federal Deposit Insurance Corporation
Restrictions: 41
Delegation Category: Specific Authority checkmark icon

While the statute grants authority to prescribe rules and regulations, it also identifies specific areas where the agency must act. Specifically, Section 375a(4) directs the agency (or member bank’s appropriate Federal banking agency) to prescribe a regulation regarding the amount of credit that can be extended to executive officers. This indicates a specific regulatory task assigned by Congress.

Relationship: directly mandated
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12 U.S.C. § 375a(4) specifically mentions that a member bank may make extensions of credit to executive officers in an amount prescribed in a regulation of the member bank”™s appropriate Federal banking agency. Also, 12 U.S.C. § 375a(8) explicitly authorizes the Board of Governors of the Federal Reserve System to prescribe rules and regulations to effectuate the purposes and prevent evasions of the statute. This clearly establishes a direct mandate for regulation.

Regulation: 12 CFR Part 31
Authorizing Statute: 12 U.S. Code § 375b
Agency: Comptroller of the Currency
Restrictions: 16
Delegation Category: General Authority sword icon

While the statute sets forth specific restrictions on insider lending, section (10) provides a broad grant of rulemaking authority to the Board to prescribe “such regulations, including definitions of terms, as it determines to be necessary to effectuate the purposes and prevent evasions of this section.” This is not tied to any specific regulatory task but covers the entire scope of the statute.

Relationship: directly mandated
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12 U.S.C. § 375b(10) explicitly grants the Board of Governors of the Federal Reserve System rulemaking authority to effectuate the purposes and prevent evasions of this section. This directly mandates regulation to implement the statute.

Regulation: 12 CFR Part 337
Authorizing Statute: 12 U.S. Code § 375b
Agency: Federal Deposit Insurance Corporation
Restrictions: 41
Delegation Category: Specific Authority checkmark icon

Section (10) of the statute, titled “Board”™s rulemaking authority” explicitly states that “The Board of Governors of the Federal Reserve System may prescribe such regulations, including definitions of terms, as it determines to be necessary to effectuate the purposes and prevent evasions of this section.” Additionally, numerous sections throughout the statute reference the need for agency regulations for implementation (e.g. subsection (3) regarding “an amount prescribed by regulation of the appropriate Federal banking agency”). This establishes a clear and specific regulatory task for the Board: to clarify and implement the provisions in this specific domain.

Relationship: directly mandated
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12 U.S.C. § 375b is cited as authority for 12 CFR Part 337, specifically for § 337.3, which is directly related to setting limits on extensions of credit to executive officers, directors, and principal shareholders. Therefore, the relationship is directly mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3760
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 3760(b)(1)(C) specifically references “regulations of the Secretary” regarding the employment of an auctioneer. This is a clear instruction to the agency (HUD, through the Secretary) on a specific regulatory task – determining the conditions under which an auctioneer may be employed and paid. The use of “regulations of the Secretary” signals that Congress envisions implementing regulations, even though the specifics are left to the agency’s discretion within the overall framework of conducting a fair foreclosure sale. Thus, it falls under the “Specific Authority” delegation because it provides the agency authority to act to clarify a very specific element within the broader scope of foreclosure proceedings.

Relationship: authorized but not mandated
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12 U.S.C. § 3760 outlines the conduct of foreclosure sales, including the duties of the foreclosure commissioner and the possibility of employing an auctioneer “in accordance with regulations of the Secretary.” This authorizes the Secretary to issue regulations related to the employment of auctioneers, but does not mandate specific regulations on every aspect of the foreclosure sale conduct. The regulation, 24 CFR Part 27, encompasses the nonjudicial foreclosure of mortgages, which directly relates to the statute’s subject matter. The statute authorizes but does not mandate the regulation.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3756
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 3756 gives specific instructions regarding the process of foreclosure, including the Secretary’s role in determining prerequisites, the commencement of foreclosure by the commissioner, and the designation of substitute commissioners. Though it uses discretionary language (“sole discretion”), it still focuses the agency on a specific regulatory task.

Relationship: authorized but not mandated
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The regulation (24 CFR Part 27) explicitly cites 12 U.S.C. §§ 3701-3717 and 3751-3768 as authority. 12 U.S.C. § 3756 falls within that range. While the statute directs specific actions, it also grants discretion to the Secretary and the foreclosure commissioner, suggesting that regulations would be necessary to implement the statute, thus it is authorized but not mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3757
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides detailed instructions on the specific content to be included in the notice of default and foreclosure sale. Although subsection (11) allows for “any other appropriate terms of sale or information, as the Secretary may determine,” this addition does not override the overall specificity of the delegation, which is focused on providing a detailed list of required information.

Relationship: directly mandated
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The statute, 12 U.S.C. § 3757, directly mandates the content of the notice of default and foreclosure sale. The regulation, 24 CFR Part 27, implements and further details the process of nonjudicial foreclosure as outlined in the statute. Therefore, the relationship is directly mandated.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3758
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides clear instructions regarding who must be notified, the timing of notifications, and the methods of notification (mail, publication, posting). While some discretion is provided to the foreclosure commissioner (e.g., choosing addresses for mailing), the overall framework is very specific, directing the agency on the regulatory task.

Relationship: directly mandated
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12 U.S.C. § 3758 directly mandates the procedures for serving notice of default and foreclosure sales. The regulation at 24 CFR Part 27 implements these procedures for nonjudicial foreclosure of multifamily and single-family mortgages, specifically referencing the statutory authority in 12 U.S.C. 3751-3768.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3759
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary and foreclosure commissioner on the conditions under which foreclosure sales should be withdrawn and cancelled. The statute identifies precise steps, timelines, and calculations the Secretary and the commissioner must use to determine withdrawal.

Relationship: authorized but not mandated
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12 U.S.C. § 3759 falls within the range of statutes cited as authority for 24 CFR Part 27 (specifically 12 U.S.C. 3751-3768). This indicates the regulation is authorized by the statute, providing conditions under which foreclosure must be withdrawn and cancelled, and giving discretionary authority to the Secretary in some circumstances, but the statute does not explicitly mandate the creation of the regulation.

Regulation: 12 CFR Part 215
Authorizing Statute: 12 U.S. Code § 375a
Agency: Federal Reserve System
Restrictions: 52
Delegation Category: General Authority sword icon

While the statute specifies certain types of loans and conditions, Section (8) provides the Board of Governors with broad authority to prescribe rules and regulations as “necessary to effectuate the purposes and to prevent evasions of this section,” including defining relevant terms. This is not tied to a specific regulatory task but is open-ended, placing this under General Authority delegation.

Relationship: directly mandated
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12 U.S.C. § 375a(8) explicitly authorizes the Board of Governors of the Federal Reserve System to “prescribe such rules and regulations, including definitions of terms, as it deems necessary to effectuate the purposes and to prevent evasions of this section.” This creates a direct mandate for regulation to carry out the statute.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3751
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute directs the Secretary to create a uniform foreclosure remedy and outlines the problems the remedy should address (burdensome state laws, property deterioration, etc.). This is a specific regulatory task even though there is use of terms like “uniform” which leaves some discretion to the Secretary.

Relationship: directly mandated
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12 U.S.C. § 3751 explicitly states the purpose of creating a uniform Federal foreclosure remedy, and the regulation 24 CFR Part 27 implements that remedy. The regulation addresses the nonjudicial foreclosure procedures that the statute sought to establish.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3752
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: General Authority sword icon

While the statute provides definitions, it doesn’t explicitly instruct the agency to create regulations, nor does it identify specific regulatory tasks. It provides definitional framework to operate within the chapter, and the regulation uses it as statutory authority to operate non judicial foreclosures. Therefore, under Hickman’s framework, this is a General Authority delegation as the statute creates broad rulemaking authority and does not identify specific regulatory tasks.

Relationship: authorized but not mandated
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The regulation (24 CFR Part 27) cites 12 U.S.C. 3751-3768 as authority. 12 U.S.C. 3752 falls within this range. The statute defines terms used within the chapter, which provides a foundation for the regulations concerning nonjudicial foreclosure. While the statute provides definitions critical to the implementation of the chapter, it doesn’t directly mandate any specific regulation. Instead, it authorizes the agency to establish rules within the context of the chapter.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3753
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

While the statute grants the Secretary an option, it directs the agency to a specific task: foreclosing mortgages. While discretion is given, it’s within the specific context of foreclosure procedures. The reference to “this chapter” indicates a specific area for regulation.

Relationship: authorized but not mandated
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The statute grants the Secretary the option to use the chapter’s procedures for foreclosure or other available procedures. This authorizes the Secretary to implement regulations regarding foreclosure, but it does not mandate that they do so.

Regulation: 24 CFR Part 27
Authorizing Statute: 12 U.S. Code § 3754
Agency: Department of Housing and Urban Development
Restrictions: 128
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task – the designation of foreclosure commissioners – and provides details about their qualifications and designation procedure. This fits the definition of Specific Authority delegation as it clearly instructs the agency (the Secretary) on a specific regulatory task.

Relationship: directly mandated
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The statute (12 U.S.C. § 3754) explicitly authorizes the Secretary to designate foreclosure commissioners and outlines the procedures for doing so. The regulation (24 CFR Part 27) provides the detailed rules and procedures for nonjudicial foreclosure, which includes the role of foreclosure commissioners. The regulation is directly mandated by the statute as it operationalizes the statute’s provisions.

Found 56,371 results