---
kind: "section"
citation: "12 U.S.C. § 3752"
title: "12"
title_heading: "Banks and Banking"
number: "3752"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3752"
units:
  - "Chapter 38A — Single Family Mortgage Foreclosure"
---

# §3752. Definitions


For purposes of this chapter, the following definitions shall apply:

- (1) **Bona fide purchaser—** The term “bona fide purchaser” means a purchaser for value in good faith and without notice of any adverse claim, and who acquires the [security property](#9) free of any adverse claim.
- (2) **County—** The term “county” has the same meaning as in [section 2 of title 1](/usc/1/2.md).
- (3) **Mortgage—** The term “mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable [State](#11) law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation.
- (4) **Mortgage agreement—** The term “mortgage agreement” means the note or debt instrument and the [mortgage](#3) instrument, deed of trust instrument, trust deed, or instrument or instruments creating the [mortgage](#3), including any instrument incorporated by reference therein and any instrument or agreement amending or modifying any of the foregoing.
- (5) **Mortgagor—** The term “mortgagor” means the obligor, grantor, or trustee named in the [mortgage agreement](#4) and, unless the context otherwise indicates, includes the current [owner](#6) of [record](#8) of the [security property](#9) whether or not such [owner](#6) is personally liable on the [mortgage](#3) debt.
- (6) **Owner—** The term “owner” means any [person](#7) who has an ownership interest in property and includes heirs, devises, executors, administrators, and other personal representatives, and trustees of testamentary trusts if the owner of [record](#8) is deceased.
- (7) **Person—** The term “person” includes any individual, group of individuals, association, partnership, corporation, or organization.
- (8) **Record; recorded—** The terms “record” and “recorded” include “register” and “registered” in the instance of registered land.
- (9) **Security property—** The term “security property” means the property (real, personal or mixed) or an interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable [State](#11) law), together with fixtures and other interests subject to the lien of the [mortgage](#3) under applicable [State](#11) law.
- (10) **Single family mortgage—** The term “single family mortgage” means a [mortgage](#3) that covers property on which there is located a 1- to 4-family residence, and that—
  - (A) is held by the [Secretary](/usc/12/1715z–22a.md?p=4) pursuant to title I or title II of the National Housing Act [[12 U.S.C. 1702](/usc/12/1702.md) et seq., 1707 et seq.]; or
  - (B) secures a loan obligated by the [Secretary](/usc/12/1715z–22a.md?p=4) under [section 1452b of title 42](/usc/42/1452b.md), as it existed before the repeal of that section by [section 12839 of title 42](/usc/42/12839.md) (except that a [mortgage](#3) securing such a loan that covers property containing nonresidential space and a 1- to 4-family dwelling shall not be subject to this chapter).
- (11) **State—** The term “State” means—
  - (A) the several [States](#11);
  - (B) the District of Columbia;
  - (C) the Commonwealth of Puerto Rico;
  - (D) the United States Virgin Islands;
  - (E) Guam;
  - (F) American Samoa;
  - (G) the Northern Mariana Islands;
  - (H) the Trust Territory of the Pacific Islands; and
  - (I) Indian tribes, as defined by the [Secretary](/usc/12/1715z–22a.md?p=4).

## Source credit

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

## Notes

### Editorial Notes

### References in Text

The National Housing Act, referred to in par. (10)(A), is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables.

### Codification

Section is based on section 803 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

### Executive Documents

### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.