Definitions.

CFR · 2024-01-01 · US · Title 12

For purposes of this part and any determination under 12 U.S.C. 1467a(m): (1) The security property is real estate pursuant to the law of the state in which the property is located; (2) The security interest of the Federal savings association may be enforced as a real estate mortgage or its equivalent pursuant to the law of the state in which the property is located; (3) The security property is capable of separate appraisal; and (4) With regard to a security property that is a leasehold or other interest for a period of years, the term of the interest extends, or is subject to extension or renewal at the option of the Federal savings association for a term of at least five years following the maturity of the loan. (1) For a qualifying community banking organization that has elected to use the community bank leverage ratio framework, as set forth under the OCC's Capital Adequacy Standards at part 3 of this chapter, total capital refers to the qualifying community banking organization's tier 1 capital, as used under § 3.12(b)(2) of this chapter; (2) For all other Federal savings associations, total capital means the sum of tier 1 capital and tier 2 capital, as calculated under part 3 of this chapter.

official document · source cfr-2024 · id 12:§ 160.3