DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner
24 CFR Part 81
[Docket No. FR-4494-P-01]
RIN 2501-AC60
HUD's Regulation of the Federal National Mortgage Association
(Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie
Mac)
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
From the office of Billy Apgar,
The FHA Commissioner will be referred to as Billy Apgar, a reference to no respect or confidence since his actions serve only to enrich the lives of the already wealthy. The history of the present FHA Commissioner, Billy Apgar is a history of repeated injuries and usurpations, all having in direct object to benefit the wealthy beneficiaries of private enterprises. The FHA Commissioner through his usurpations has created an environment of immense opportunity for a wealthy and powerful industry, to plunder the limited resources of those least able to defend themselves against such invasions. Below is but one example of misrepresenting the truth by the FHA Commissioner, to mislead the public in an effort to normalize the environment of despotism that he has aided the Manufactured Housing Industry in creating.
The statement from the Federal Register Notice will be italics.
Although the terms are sometimes used interchangeably, manufactured housing and mobile homes differ in significant ways relative to construction standards, mobility, permanence, and financing
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The terms are used interchangeably because they are one in the same as a matter of Federal Law. Billy does not have the authority to reject in part or in whole or amend an Act of Congress. We checked, you still have to be elected to the Congress, and there still has to be a vote among representatives in favor of such amendment of the law. For Billy Apgar to amend or reject any part of a Congressional Act of Congress is an illegal seizure of power by the Commissioner, the proof of such action is as follows.
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The National Manufactured Home Construction and Safety Standards Act
Title 42 Chapter 70
Amendments
1980 - Pub. L. 96-399 substituted ''manufactured home'' for ''mobile home'' wherever appearing.
References to ''mobile homes'', wherever appearing in text, were changed to ''manufactured homes'' in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96-399 requiring the substitution of ''manufactured home'' for ''mobile home'' wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L. 97-35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms ''mobile home'' and ''manufactured home'' shall be deemed to include the terms ''mobile homes'' and ''manufactured homes'', respectively.
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Respectively used in this context means that these terms shall be considered identical and equal in weight as a matter of law. In other words, the terms are INTERCHANGEABLE and it is Billy Apgar that presents them in a fraudulent manner to the public as being different. The only difference in this type of housing is whether it was built after 1976, in accordance with the FMHCSS Act. As we go through the rest of the statements in Billy Apgar's Federal Register Notice, when Billy Apgar describes a mobile home, he is in fact describing a manufactured home. What he is describing as a manufactured home is in fact describing housing that if certain conditions are met, can be excluded from the FMHCSS Act.
The definition of what was called a mobile home, and is now called a manufactured home has remained unchanged by the 1980 public law, which substituted the term manufactured home, for mobile home, with the exception of an exclusion for RV's in 1998. This was done by lawmakers in a manner that can only be characterized as back alley lawmaking with the added cover of darkness for insurance that their actions would avoid discovery. This was done so as not alert the public of their intentions to negatively effect the public safety by entirely deregulating the manufactures of manufactured housing in their other business enterprises, recreational vehicles. This brings the constitutionality of this amendment to the definition of "Manufactured home" into question and we are currently looking into challenging this for just that.
(These distinctions are spelled out in detail in Donald S. Bradley, ``Will Manufactured Housing Become Home of First Choice?'' Secondary Mortgage Markets, (July 1997)). Mobile homes are not covered by national construction standards, though they may be subject to State or local siting requirements. Manufactured homes must be built according to the National Manufactured Housing Construction Safety and Standards Act of 1974.
It wasn't until 1980 that the nomenclature for this product was changed from "mobile home" to "manufactured home". This publication, which is being presented by Billy Apgar as evidence of a difference infers that all mobile homes built between 1976 and 1980 were not subject to the National Manufactured Housing Construction Safety and Standards Act of 1974. It goes even further, which we will discuss later. This is not true, and therefore this statement is false in its entirety. It is obvious that Donald S. Bradley was doing the industry's bidding for them, and cared more about his own financial gain, than the facts, or the truth, which has become the modus operandi in both the government and private sector. (truth be dammed, selfish gains first)
In accordance with this act, HUD developed minimum building standards in 1976 and upgraded them in 1994.
The federal standards were not developed as minimum standards, they were developed to offer to the maximum extent possible, protection to the public from injury or death because of mobile home accidents, the proof of this is as follows.
Title 42, Sec. 5403. Construction and safety standards
(a) The Secretary, after consultation with the Consumer Product Safety Commission, shall establish by order appropriate Federal manufactured home construction and safety standards. Each such Federal manufactured home standard shall be reasonable and shall meet the highest standards of protection
The position that the Federal Standards already provided the Highest Standards of Protection was used in when National Preemption was challenged and was upheld by the Federal Court in 1985. There has been no amendment to the FMHCSS Act, to affect the level of standards of protection provided for in the FMHCSS Act. If this was not the case, then perjury was committed in an Untied States Court of Law when what would be minimum standards were presented as being the Highest Standards. Since the highest standards of protection was the sole reason cited by the Federal Judge for upholding National Preemption and in fact, according to Billy Apgar, these standards are minimum, then National Preemption by default is unenforceable. HUD has no choice but to admit the inaccuracy of this statement since the court records and Judges findings and final ruling are a matter of public record.
This statement does however describe what HUD has done to the standards over the last 6 years and what they wish to legitimize with this proposed invasion (H.R. 1776 or S.1452) against the peoples right to safe housing as guaranteed by the FMHCSS Act. HUD and the Industry itself, together pose the single greatest threat to the concept of National Preemption. This is another example of the illegal seizure of power by the FHA Commissioner.
Manufactured homes, like mobile homes, are constructed on a permanent chassis and include both axles and wheels. However, with manufactured housing, the axles and wheels are intended to be removed at the time the unit is permanently affixed to a foundation.
If the wheels and axles are not designed to be removed from a mobile home, then they are not designed to be removed from a manufactured home, as proved earlier, they are by law, the same. A manufactured home is designed to be used with or without a permanent foundation by a legally binding definition contained within Federal Law. Permanently affixing such a home to a foundation has no relevance on whether or not the product is termed as a "Manufactured Home."
Manufactured homes, unlike mobile homes, are seldom, if ever, moved. Mobile homes are financed with personal property loans, but manufactured homes are eligible for conventional-mortgage financing if they are located on land owned by or under long-term lease to the borrower.
The implications of this statement are that only 20% of the homes constructed since 1976 by this industry, under HUD's monitoring are manufactured homes, and all others are mobile homes, not subject to the federal standards. Since 80% of all manufactured homes are financed with personal, or Chattel loans, and the statement indicates that these are mobile homes, not subject to the Federal Standards, then National Preemption does not apply to 80% of these producers products. This statement is fraudulent on its face.
Other types of factory-built housing, such as modular and panelized homes, are not included in this definition of ``manufactured housing.'' These housing types are often treated as ``site built'' for purposes of eligibility for mortgage financing.
This entire description or definition of a manufactured home is not based on law, and is therefore nothing more the meaningless gibberish intended to mislead the public away from the truth.
It is ridiculous that Billy Apgar has been placed in a position of such importance, when he does not posses the knowledge or education or possibly lacks the ability to make his own decisions without the aid of the Industry being regulated. This is the only reasonable conclusion, since anyone with a High School education can read, and it appears that Billy Apgar cannot or possibly even worse, he has presented this fraudulent information for more sinister reasons.
John Taylor
Co-member, "The American Internet Society of Manufactured Homeowners"