§206E-116 - Loan to lenders program; collateral security.
§206E-116 Loan to lenders program;
collateral security. (a) Loans made to mortgage lenders shall be
additionally secured by a pledge of a lien upon collateral security in an
amount as the authority deems necessary to assure the payment of principal of and
interest on the loans as they become due.
(b) The authority shall determine the nature
and type of collateral security required.
(c) A statement designating the collateral
security pledged, the mortgage lender pledging the collateral, and the authority's
interest in the pledged collateral may be filed with the bureau of
conveyances. Where a statement has been filed, no possession, further filing,
or other action under any state law shall be required to perfect any security
interest which may be deemed to have been created in favor of the authority.
The mortgage lender shall be deemed the trustee of an express trust for the
benefit of the authority in all matters relating to the pledged collateral.
(d) Subject to any agreement with the holders
of its revenue bonds, the authority may collect, enforce the collection of, and
foreclose on any collateral securing its loans to mortgage lenders. The
authority may acquire, take possession, sell at public or private sale with or
without bidding, or otherwise deal with the collateral to protect its
interests. [L 1982, c 228, pt of §8]