[Code of Federal Regulations]

[Title 24, Volume 5]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR3500.4]



[Page 270-271]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 

        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 3500_REAL ESTATE SETTLEMENT PROCEDURES ACT--Table of Contents

 

Sec.  3500.4  Reliance upon rule, regulation or interpretation by HUD.



    (a) Rule, regulation or interpretation. (1) For purposes of sections 

19 (a) and (b) of RESPA (12 U.S.C. 2617 (a) and (b)) only the following 

constitute a rule, regulation or interpretation of the Secretary:

    (i) All provisions, including appendices, of this part. Any other 

document referred to in this part is not incorporated in this part 

unless it is specifically set out in this part;

    (ii) Any other document that is published in the Federal Register by 

the Secretary and states that it is an ``interpretation,'' 

``interpretive rule,'' ``commentary,'' or a ``statement of policy'' for 

purposes of section 19(a) of RESPA. Such documents will be prepared by 

HUD staff and counsel. Such documents may be revoked or amended by a 

subsequent document published in the Federal Register by the Secretary.

    (2) A ``rule, regulation, or interpretation thereof by the 

Secretary'' for purposes of section 19(b) of RESPA (12



[[Page 271]]



U.S.C. 2617(b)) shall not include the special information booklet 

prescribed by the Secretary or any other statement or issuance, whether 

oral or written, by an officer or representative of the Department of 

Housing and Urban Development (HUD), letter or memorandum by the 

Secretary, General Counsel, any Assistant Secretary or other officer or 

employee of HUD, preamble to a regulation or other issuance of HUD, 

Public Guidance Document, report to Congress, pleading, affidavit or 

other document in litigation, pamphlet, handbook, guide, telegraphic 

communication, explanation, instructions to forms, speech or other 

material of any nature which is not specifically included in paragraph 

(a)(1) of this section.

    (b) Unofficial interpretations; staff discretion. In response to 

requests for interpretation of matters not adequately covered by this 

part or by an official interpretation issued under paragraph (a)(1)(ii) 

of this section, unofficial staff interpretations may be provided at the 

discretion of HUD staff or counsel. Written requests for such 

interpretations should be directed to the address indicated in Sec.  

3500.3. Such interpretations provide no protection under section 19(b) 

of RESPA (12 U.S.C. 2617(b)). Ordinarily, staff or counsel will not 

issue unofficial interpretations on matters adequately covered by this 

part or by official interpretations or commentaries issued under 

paragraph (a)(1)(ii) of this section.

    (c) All informal counsel's opinions and staff interpretations issued 

before November 2, 1992, were withdrawn as of that date. Courts and 

administrative agencies, however, may use previous opinions to determine 

the validity of conduct under the previous Regulation X.