232.885—Insurance benefits.
(1) Payment in cash.
Unless a written request for payment in debentures is filed with the application, payment shall be made in cash.
(2) Optional payment in debentures.
Payment shall be made in debentures upon filing a written request with the application.
(b) Amount of payment.
Upon an acceptable assignment of the note and security instrument, the Commissioner shall pay the claim of the lender in an amount equal to the unpaid principal balance of the loan as of the date of default determined as follows:
(i)
Any accrued interest due as of the date of execution of the assignment of the loan to the Commissioner.
(ii)
Any advances approved by the Commissioner made previously by the lender under the provisions of the note or security instrument or instruments.
(iii)
Reimbursement for such reasonable collection costs, court costs, and attorney's fees as may be approved by the Commissioner.
(v)
If payment is made in cash, an amount equivalent to the debenture interest which would have been earned thereon, as of the date such cash payment is made, except when the lender fails to meet any one of the applicable requirements of §§ 232.850, 232.875, and 232.880, within the specified time and in a manner satisfactory to the Commissioner (or within such further time as the Commissioner may approve in writing), the interest allowance in such cash payment shall be computed only to the date on which the particular required action should have been taken or to which it was extended.
(2)
By deducting from the total of the items computed under paragraph (b)(1) of this section the following items:
(ii)
Any net income received by the lender from the property covered by the note or security instrument and not applied to prior debts held by that lender.