24 CFR § 200.85 - Covenant against liens.

---
identifier: "/us/cfr/t24/s200.85"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "24 CFR § 200.85 - Covenant against liens."
title_number: 24
title_name: "Housing and Urban Development"
section_number: "200.85"
section_name: "Covenant against liens."
chapter_name: "OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "200"
part_name: "INTRODUCTION TO FHA PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d)."
regulatory_source: "36 FR 24467, Dec. 22, 1971, unless otherwise noted."
cfr_part: "200"
---


# 200.85 Covenant against liens.

(a) The mortgage shall contain a covenant against the creation by the mortgagor of liens against the property superior or inferior to the lien of the mortgage except for such inferior lien as may be approved by the Commissioner in accordance with provisions of § 200.71; and

(b) A covenant against repayment of a Commissioner approved inferior lien from mortgage proceeds other than surplus cash or residual receipts, except in the case of an inferior lien created by an operating loss loan insured pursuant to section 223(d) of the Act, or a supplemental loan insured pursuant to section 241 of the Act.