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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63704</law_id><section_number>36-55.31</section_number><catch_line>Powers relative to making mortgage loans and temporary construction loans to housing sponsors and persons and families of low and moderate income</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>36-55.33:1</reference><reference>36-55.39</reference><reference>6.2-303</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="1" identifier="1.2">Virginia Housing Development Authority Act</unit></structure><text>
						<section><p>The <span class="dictionary">HDA</span> shall have all the powers necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others herein granted:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> through (3) [Repealed.] <a id="paragraph-232031" class="section-permalink" href="https://vacode.org/36-55.31/#1"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Enter into agreements and <span class="dictionary">contracts</span> with <span class="dictionary">housing sponsors</span> under the provisions of this section; <a id="paragraph-232032" class="section-permalink" href="https://vacode.org/36-55.31/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> Institute any action or proceeding against any <span class="dictionary">housing sponsor</span> or persons and families of low or moderate income receiving a loan under the provisions hereof, or owning any <span class="dictionary">housing development</span> hereunder in any <span class="dictionary">court</span> of competent <span class="dictionary">jurisdiction</span> in <span class="dictionary">order</span> to enforce the provisions of this chapter, the terms and provisions of any agreement or <span class="dictionary">contract</span> between <span class="dictionary">HDA</span> and such recipients of loans under the provisions hereof, including without limitation provisions as to rental or carrying charges and income limits as applied to tenants or occupants, or to foreclose its <span class="dictionary">mortgage</span>, or to protect the public interest, <span class="dictionary">persons and families of low and moderate income</span>, stockholders, or <span class="dictionary">creditors</span> of such sponsor. In connection with any such action or proceeding it may apply for the appointment of a trustee or receiver to take over, manage, operate and maintain the affairs of a <span class="dictionary">housing sponsor</span> and <span class="dictionary">HDA</span> through such agent as it shall designate is hereby authorized to accept appointment as trustee or receiver of any such sponsor when so appointed by a <span class="dictionary">court</span> of competent <span class="dictionary">jurisdiction</span>.
			The reorganization of any <span class="dictionary">housing sponsor</span> shall be subject to the supervision and control of <span class="dictionary">HDA</span>, and no such reorganization shall be had without the consent of <span class="dictionary">HDA</span>. Upon any such reorganization the amount of capitalization, including therein all stocks, income debentures and <span class="dictionary">bonds</span> and other <span class="dictionary">evidence</span> of indebtedness shall be such as is authorized by <span class="dictionary">HDA</span>, but not in excess of the fair value of the property received; <a id="paragraph-232033" class="section-permalink" href="https://vacode.org/36-55.31/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> In any foreclosure action involving a <span class="dictionary">housing sponsor</span> other than a foreclosure action instituted by <span class="dictionary">HDA</span>, the <span class="dictionary">municipality</span> in which any <span class="dictionary">housing development</span> is situate shall, in addition to other necessary parties, be made parties <span class="dictionary">defendant</span>. <span class="dictionary">HDA</span> and the <span class="dictionary">municipality</span> shall take all steps in such action necessary to protect the interest of the public therein, and no costs shall be awarded against <span class="dictionary">HDA</span> or the <span class="dictionary">municipality</span>.
			Subject to the terms of any applicable agreement, <span class="dictionary">contract</span> or other instrument entered into or obtained pursuant to this chapter, <span class="dictionary">judgment</span> of foreclosure shall not be entered unless the <span class="dictionary">court</span> to which application therefor is made shall be satisfied that the interest of the lienholders or holders of <span class="dictionary">bonds</span> or <span class="dictionary">other obligations</span> cannot be adequately secured or safeguarded except by the sale of the property; and in such proceeding the <span class="dictionary">court</span> shall be authorized to make an <span class="dictionary">order</span> increasing the rental or carrying charges to be charged for the housing accommodations in the <span class="dictionary">housing development</span> involved in such foreclosure, or appoint a member of <span class="dictionary">HDA</span> or any officer of the <span class="dictionary">municipality</span>, as a receiver or trustee of the property, or grant such other and further relief as may be reasonable and proper; and in the event of a foreclosure or other judicial sale, the property shall be sold only to a <span class="dictionary">housing sponsor</span> which will manage, operate and maintain the <span class="dictionary">housing development</span> subject to the provisions of this chapter, unless the <span class="dictionary">court</span> shall find that the interest and principal on the obligations secured by the <span class="dictionary">lien</span> which is the subject of foreclosure cannot be earned under the limitations imposed by the provisions of this chapter and that the proceeding was brought in good faith, in which event the property may be sold free of limitations imposed by this chapter or subject to such limitations as the <span class="dictionary">court</span> may deem advisable to protect the public interest; <a id="paragraph-232034" class="section-permalink" href="https://vacode.org/36-55.31/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> In the event of a <span class="dictionary">judgment</span> against any <span class="dictionary">housing sponsor</span> in any action not pertaining to the foreclosure of a <span class="dictionary">mortgage</span>, there shall be no sale of any of the <span class="dictionary">real property</span> included in any <span class="dictionary">housing development</span> hereunder of such <span class="dictionary">housing sponsor</span> except upon 60 days&#x2019; written notice to <span class="dictionary">HDA</span>. Upon receipt of such notice <span class="dictionary">HDA</span> shall take such steps as in its <span class="dictionary">judgment</span> may be necessary to protect the rights of all parties; <a id="paragraph-232035" class="section-permalink" href="https://vacode.org/36-55.31/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> In the event of violation by a <span class="dictionary">housing sponsor</span> of any provision of a loan, the terms of any agreement between <span class="dictionary">HDA</span> and the <span class="dictionary">housing sponsor</span>, the provisions of this chapter or of any rules or regulations duly promulgated pursuant to the provisions of this chapter, <span class="dictionary">HDA</span> may remove any or all of the existing directors or officers of such corporate <span class="dictionary">housing sponsor</span> and may appoint such person or persons who <span class="dictionary">HDA</span> in its sole discretion deems advisable as new directors or officers to serve in the places of those removed notwithstanding the provisions of any other <span class="dictionary">law</span> and may designate a managing agent with complete and exclusive power to act on behalf of a defaulting partnership <span class="dictionary">housing sponsor</span>; provided, however, that any such directors or officers or managing agents so appointed by <span class="dictionary">HDA</span> shall serve only for a period coexistent with the duration of such violation or until <span class="dictionary">HDA</span> is assured in a manner satisfactory to it against violations of a similar nature or both. Officers or directors so appointed need not be stockholders or meet other qualifications which may be prescribed by the certificate of incorporation or by other <span class="dictionary">laws</span> governing such qualified <span class="dictionary">housing sponsor</span>; <a id="paragraph-232036" class="section-permalink" href="https://vacode.org/36-55.31/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> Foreclose under deeds of trust by powers of sale pursuant to Title 55.1 and amendments thereto; <a id="paragraph-232037" class="section-permalink" href="https://vacode.org/36-55.31/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> Make, undertake commitments to make and participate in the making of <span class="dictionary">mortgage loans</span>, including without limitation <span class="dictionary">federally insured mortgage</span> loans, to <span class="dictionary">housing sponsors</span> to finance the ownership and operation of <span class="dictionary">housing developments</span> and <span class="dictionary">multifamily residential housing</span> intended for occupancy by <span class="dictionary">persons and families of low and moderate income</span>, upon the terms and conditions set forth in subsections A and B of &#xA7; <a class="law" title="Mortgage loan terms and conditions" href="/36-55.33_1/">36-55.33:1</a>; <a id="paragraph-232038" class="section-permalink" href="https://vacode.org/36-55.31/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> Make, undertake commitments to make and participate in the making of <span class="dictionary">mortgage loans</span>, including without limitation <span class="dictionary">federally insured mortgage</span> loans, to <span class="dictionary">persons and families of low and moderate income</span> to finance the purchase or refinancing of <span class="dictionary">single-family residential housing</span>, upon the terms and conditions set forth in subsections A and C of &#xA7; <a class="law" title="Mortgage loan terms and conditions" href="/36-55.33_1/">36-55.33:1</a>; <a id="paragraph-232039" class="section-permalink" href="https://vacode.org/36-55.31/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> Make, undertake commitments to make and participate in the making of <span class="dictionary">mortgage loans</span>, including without limitation <span class="dictionary">federally insured mortgage</span> loans, to <span class="dictionary">housing sponsors</span> and <span class="dictionary">persons and families of low and moderate income</span> to finance the construction, rehabilitation, preservation or improvement of <span class="dictionary">housing developments</span> and residential housing intended, upon completion of such construction, rehabilitation, preservation or improvement, for ownership or occupancy by <span class="dictionary">persons and families of low and moderate income</span>, upon the terms and conditions set forth in subsections A and D of &#xA7; <a class="law" title="Mortgage loan terms and conditions" href="/36-55.33_1/">36-55.33:1</a>; <a id="paragraph-232040" class="section-permalink" href="https://vacode.org/36-55.31/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> Make, undertake commitments to make and participate in the making of <span class="dictionary">mortgage loans</span> to finance the construction, rehabilitation, preservation or improvement, or ownership and operation, of <span class="dictionary">economically mixed projects</span> and, if any such project is within a revitalization area designated in or pursuant to &#xA7; <a class="law" title="Housing revitalization areas; economically mixed projects" href="/36-55.30_2/">36-55.30:2</a>, any <span class="dictionary">nonhousing buildings</span> that are incidental to such project or are determined by such governing body to be necessary or appropriate for the revitalization of such area or for the industrial, commercial or other economic development of such area, upon the terms and conditions set forth in subsections A and E of &#xA7; <a class="law" title="Mortgage loan terms and conditions" href="/36-55.33_1/">36-55.33:1</a>. <a id="paragraph-232041" class="section-permalink" href="https://vacode.org/36-55.31/#13"><i class="fa fa-link"/></a></p></section></text><history>1972, c. 830; 1975, c. 536; 1979, c. 374; 2004, c. 187.</history><metadata></metadata></law>
