[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Notices]
[Pages 15737-15738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7707]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4529-N-05 ]


Notice of Submission of Proposed Information Collection to OMB; 
Emergency Comment Request

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The proposed information collection requirement described 
below has been submitted to the Office of Management and Budget (OMB) 
for

[[Page 15738]]

emergency review and approval, as required by the Paperwork Reduction 
Act. The Department is soliciting public comments on the subject 
proposal.

DATES: Comments Due Date: April 8, 2003.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments must be received within seven (7) days from the 
date of this Notice. Comments should refer to the proposal by name and 
should be sent to: Lauren Wittenberg, HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503, [email protected], Fax: (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: Wayne Eddins, Reports Management 
Officer, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410, telephone (202) 708-0050. This is 
not a toll-free number. Copies of available documents submitted to OMB 
may be obtained from Mr. Eddins.

SUPPLEMENTARY INFORMATION: This Notice informs the public that the 
Department of Housing and Urban Development (HUD) has submitted to OMB, 
for emergency processing, an information collection package with 
respect to a guide format which specifies the components of a legal 
opinion required by the Department in connection with the insurance of 
mortgage loans upon multifamily rental projects and health care 
facilities under Title II of the National Housing Act, 12 U.S.C. 1702, 
et seq. The guide form was originally prepared in 1994 in view of 
changes in opinion practice. This guide form has been used in the past 
to establish the parameters of the opinion which HUD requires the 
counsel to the mortgagor to submit to HUD and the mortgagee. The guide 
clearly articulates those matters upon which HUD requires an opinion 
from private counsel, as well as those matters upon which confirmations 
are required. The guide also contains detailed instructions pertaining 
to the form as well as a format for certifications by the mortgagor as 
to matters particularly within the knowledge of the mortgagor upon 
which its legal counsel relies in rendering the opinion.
    The Department regards the mortgagor's attorney as a crucial, 
central figure in the process of preparing and executing the legal and 
administrative documents necessary to achieve a closing in those 
multifamily rental and health care mortgage insurance programs where a 
note is endorsed for mortgage insurance by the Department. The existing 
guide form has expired and expedited processing of the guide is 
necessary to facilitate timely closings of pending multifamily mortgage 
insurance transactions. To the extent that the guide represents any 
``collection of information,'' the process is necessary to ensure the 
Department that the attorney representing the mortgagor has followed 
the otherwise specified requirements of the Department and to ensure 
the Department that the attorney has exercised an acceptable degree of 
due diligence in representing the client and in rendering the opinion 
to the mortgagee and HUD. The extent of due diligence expected to be 
performed under the guide is not substantially different from what HUD 
had anticipated under Form 1725 or from what qualified counsel, in 
fact, perform in conventional financing transactions.
    This Notice is soliciting comments from members of the public and 
affected agencies concerning the proposed collection of information to: 
(1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (2) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (3) enhance the quality, utility, 
and clarity of the information to be collected; and (4) minimize the 
burden of the collection of information on those who are to respond; 
including through the use of appropriate automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    This Notice also lists the following information:
    Title of Proposal: Guide for Opinion of Mortgagor's Counsel.
    Office: The Office of General Counsel.
    OMB Control Number: 2510-0010.
    Description of the need for the information and proposed use: The 
opinion is required to provide comfort to HUD and the mortgagee in 
multifamily rental and health care facility mortgage insurance 
transactions and similarly to HUD and owners in the capital advance 
transactions.
    Form Number: Guide.
    Members of affected public: Counsel to mortgagors of multifamily 
rental projects and health care facilities upon which the mortgage 
loans are insured by HUD.
    Estimation of the total numbers of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response:

----------------------------------------------------------------------------------------------------------------
      Number of                    Frequency of
     respondents         x           response           =      Hours per  response     =        Burden  hours
----------------------------------------------------------------------------------------------------------------
              700     .......                  1     .......                  1     .......               700
----------------------------------------------------------------------------------------------------------------

    Total Estimated Burden Hours: 700.
    Status: Expired.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35, as amended.

    Dated: March 26, 2003.
Camille Acevedo,
Associate General Counsel.
[FR Doc. 03-7707 Filed 3-31-03; 8:45 am]
BILLING CODE 4210-67-P