Title 33, Chapter 11, Section 25
( 33-11-25)
(a) An insurer may invest in: (1) Bonds, notes, or other evidences of indebtedness, in addition to those eligible under Code Section 33-11-20 (corporate bonds and debentures) which are secured by first mortgage or deed of trust or deed to secure debt upon fee simple, unencumbered improved or income-producing real property located in the United States or Canada, including leasehold estates in such real estate: (A) The loan or loans when made on a single-family residential
dwelling shall not exceed 80 percent of the value of the real
property or leasehold securing the real property; nor shall the
loan or loans exceed 75 percent of the value of other real
property, as determined by competent appraisers, unless
guaranteed or insured by the secretary of veterans affairs or
insured by the secretary of housing and urban development as
provided in paragraphs (3) and (4) of this Code section; (B) Unless the loan is guaranteed or insured by a governmental
agency, as provided in subparagraph (A) of this paragraph, the
appraisal must be certified by two or more company officers, or
qualified employees, or by two independent appraisers; (C) No loan made or acquired by an insurer which is a
participation or a part of a series or issue secured by the same
mortgage or deed to secure debt or deed of trust shall be a
lawful investment under this Code section unless the entire
series or issue which is secured by the same mortgage or deed to
secure a debt or deed of trust is held by the insurer or unless
the participation held by the insurer in the mortgage or deed to
secure a debt or deed of trust gives the insurer substantially
the rights of a first mortgagee and no other participant in such
mortgage or deed to secure a debt or deed of trust holds a
senior participation therein; (D) All loans secured by leasehold must provide for amortization
payments on principal at least once in each year in amounts
sufficient to amortize completely the loan within a period of
four-fifths of the term of the leasehold, inclusive of the term
which may be provided by an enforceable option of renewal, but
in no event exceeding 35 years; (E) For the purposes of this Code section, real estate shall not
be deemed to be encumbered by reason of the existence of taxes
or assessments that are not delinquent, instruments creating or
reserving mineral, oil, or timber rights, rights of way, joint
driveways, sewer rights, public utility easements, rights in
walls, nor by reason of building restrictions or other
restrictive covenants, nor when the real estate is subject to
lease in whole or in part whereby rents or profits are reserved
to the owner, provided that the security created by the mortgage
or trust or security deed on the real estate is a first lien
upon the real estate and that there is no condition or right of
reentry or forfeiture under which the lien can be cut off,
subordinated, or otherwise disturbed; (2) Purchase money mortgages or like securities received upon the
sale or exchange of real property acquired;
(3) Bonds, notes, or other evidences of indebtedness which are
secured by mortgage or deed of trust or deed to secure debt on
real estate or an interest in real estate in the United States, if
payment of such indebtedness or part of such indebtedness is
guaranteed or insured by the secretary of veterans affairs in
accordance with the Servicemen's Readjustment Act of 1944, as
amended; (4)(A) Bonds, notes, or other evidences of indebtedness which
are secured by mortgage or deed of trust or deed to secure debt
insured in whole or in part by the secretary of housing and
urban development under the terms of the National Housing Act,
as amended, or any other loan guaranteed by the federal
government or its instrumentalities. (B) Any portion of a loan referred to in paragraph (3) or
subparagraph (A) of this paragraph, which is neither insured by
the secretary of housing and urban development nor guaranteed
under the Servicemen's Readjustment Act, as amended, is subject
to the same provisions as apply under this article to uninsured
mortgage loans. (b) Nothing in this Code section shall be deemed to prohibit an
insurer from renewing or extending a loan for the original or a
lesser amount where a shrinkage in value of the real estate securing
the loan would cause its value to be less than the amount otherwise
required in relation to the amount of the loan. |