# 24 C.F.R. § 206.107 (2026): Mortgagee election of assignment or shared premium option > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_107 ## Section - **Citation:** 24 C.F.R. § 206.107 (2026) - **Heading:** Mortgagee election of assignment or shared premium option - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 24 CFR: Housing and Urban Development / Chapter II: OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT / Part 206: HOME EQUITY CONVERSION MORTGAGE INSURANCE / Subpart C: Contract Rights and Obligations / § 206.107: § 206.107 Mortgagee election of assignment or shared premium option. ## Text (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 Commissioner if the outstanding loan balance is equal to or greater than 98 percent of the maximum claim amount, regardless of the deferral status, or the borrower has requested a payment which exceeds the difference between the maximum claim amount and the outstanding loan balance and: (i) The mortgagee is current in making the required payments under the mortgage to the borrower; (ii) The mortgagee is current in its payment of the MIP (and late charges and interest on the MIP, if any) to the Commissioner; (iii) The mortgage is not due and payable under § 206.27(c)(1), or, if due and payable under § 206.27(c)(1), its due and payable status has been deferred pursuant to a Deferral Period; (iv) An event described in § 206.27(c)(2) has not occurred, or the Commissioner 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 § 206.123(a)(3)-(5); and (v) The mortgage is a first lien of record and title to the property securing the mortgage is good and marketable. The provisions of § 206.136 pertaining to mortgagee certifications also apply. al 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 § 206.123(a)(3)-(5); and (v) The mortgage is a first lien of record and title to the property securing the mortgage is good and marketable. The provisions of § 206.136 pertaining to mortgagee certifications also apply. (2) Under the shared premium option, the mortgagee may not assign a mortgage to the Commissioner unless the mortgagee fails to make payments and the Commissioner demands assignment (§ 206.123(a)(2)), but the mortgagee shall only be required to remit a reduced monthly MIP to the Commissioner. The mortgagee shall collect from the borrower the full amount of the monthly MIP provided in § 206.105(b) but shall retain a portion of the monthly MIP paid by the borrower 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 Commissioner as calculated in § 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 § 206.123(a)(2)-(5). (b) No election for shared appreciation. Shared appreciation mortgages shall be insured by the Commissioner only under the shared premium option. ## Nearby sections - [24 C.F.R. § 206.101 (2026) § 206.101 Sale, assignment and pledge of insured mortgages.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_101.md) - [24 C.F.R. § 206.102 (2026) § 206.102 Insurance Funds.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_102.md) - [24 C.F.R. § 206.103 (2026) § 206.103 Payment of MIP.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_103.md) - [24 C.F.R. § 206.105 (2026) § 206.105 Amount of MIP.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_105.md) - [24 C.F.R. § 206.107 (2026) § 206.107 Mortgagee election of assignment or shared premium option.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_107.md) - [24 C.F.R. § 206.109 (2026) § 206.109 Amount of mortgagee share of premium.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_109.md) - [24 C.F.R. § 206.111 (2026) § 206.111 Due date of MIP.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_111.md) - [24 C.F.R. § 206.113 (2026) § 206.113 Late charge and interest.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_113.md) - [24 C.F.R. § 206.115 (2026) § 206.115 Insurance of mortgage.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_115.md) - [24 C.F.R. § 206.116 (2026) § 206.116 Refunds.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_116.md) - [24 C.F.R. § 206.117 (2026) § 206.117 General.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_117.md) - [24 C.F.R. § 206.121 (2026) § 206.121 Commissioner authorized to make payments.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_121.md) - [24 C.F.R. § 206.123 (2026) § 206.123 Claim procedures in general.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_123.md) - [24 C.F.R. § 206.125 (2026) § 206.125 Acquisition and sale of the property.](https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_125.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T24_P206_S206_107. 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