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24 CFR § 266.405 - Title.

---
identifier: "/us/cfr/t24/s266.405"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "24 CFR § 266.405 - Title."
title_number: 24
title_name: "Housing and Urban Development"
section_number: "266.405"
section_name: "Title."
chapter_name: "OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
subchapter_number: "B"
subchapter_name: "MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES"
part_number: "266"
part_name: "HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED AFFORDABLE MULTIFAMILY PROJECT LOANS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1715z-22.; 42 U.S.C. 3535(d)."
regulatory_source: "59 FR 62524, Dec. 5, 1994, unless otherwise noted."
cfr_part: "266"
---

# 266.405 Title.

(a) *Eligibility of title.* Marketable title to the mortgaged property must be vested in the mortgagor on the date the mortgage is filed for record.

(b) *Title evidence.* The HFA must receive a title insurance policy that ensures that marketable title is vested in the mortgagor, that a survey acceptable to the HFA has been performed, and that no existing impediments to title concern, or exist on, the property.