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7 U.S.C. § 1981e — Notice of loan service programs

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1981e — Notice of loan service programs

**(a) Requirement** The Secretary shall provide notice by certified mail to each borrower who is at least 90 days past due on the payment of principal or interest on a loan made or insured under this chapter. **(b) Contents** The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, preservation loan service programs, debt settlement programs, and appeal procedures, including the eligibility criteria, and terms and conditions of such programs and procedures; (2) include a summary of the manner in which the borrower may apply, and be considered, for all such programs, except that the Secretary shall not require the borrower to select among such programs or waive any right in order to be considered for any program carried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including applicable response forms; (5) advise the borrower that a copy of regulations is available on request; and (6) be designed to be readable and understandable by the borrower. **(c) Contained in regulations** All notices required by this section shall be contained in the regulations implementing this chapter. **(d) Timing** The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. **(e) Consideration of borrowers for loan service pro

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Source file: Laws/federal/codes/united-states-code/title-7/section-1981e-notice-of-loan-service-programs--2f961c1f11.md
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Source location: Title 7, Chapter 50, § 1981e; chapter-050-agricultural-credit.md

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**(a) Requirement** The Secretary shall provide notice by certified mail to each borrower who is at least 90 days past due on the payment of principal or interest on a loan made or insured under this chapter. **(b) Contents** The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, preservation loan service programs, debt settlement programs, and appeal procedures, including the eligibility criteria, and terms and conditions of such programs and procedures; (2) include a summary of the manner in which the borrower may apply, and be considered, for all such programs, except that the Secretary shall not require the borrower to select among such programs or waive any right in order to be considered for any program carried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including applicable response forms; (5) advise the borrower that a copy of regulations is available on request; and (6) be designed to be readable and understandable by the borrower. **(c) Contained in regulations** All notices required by this section shall be contained in the regulations implementing this chapter. **(d) Timing** The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. **(e) Consideration of borrowers for loan service programs** The Secretary shall consider a farmer program borrower for all loan service programs if, within 60 days after receipt of the notice required in this section or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period, the borrower requests such consideration in writing. In considering a borrower for loan service programs, the Secretary shall place the highest priority on the preservation of the borrower’s farming operations.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1922 — Congressional findings

The Congress finds that the statutory authority of the Secretary of Agriculture, hereinafter referred to in this chapter as the “Secretary,” for making and insuring loans to farmers and ranchers should be revised and consolidated to provide for more effective credit services to farmers.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1921 — Repealed. Pub. L. 110–234, title VI, § 6002(b), May 22, 2008, 122 Stat. 1162, and Pub. L. 110–246, § 4(a), title VI, § 6002(b), June 18, 2008, 122 Stat. 1664, 1923

### Statutory Notes Section 2009ee, Pub. L. 107–171, title VI, § 6301, May 13, 2002, 116 Stat. 421, defined terms. Section 2009ee–1, Pub. L. 107–171, title VI, § 6302, May 13, 2002, 116 Stat. 422, related to SEARCH grant program. See [section 1926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926&num=0&edition=prelim). Section 2009ee–2, Pub. L. 107–171, title VI, § 6303, May 13, 2002, 116 Stat. 424, related to annual report on projects. Section 2009ee–3, Pub. L. 107–171, title VI, § 6304, May 13, 2002, 116 Stat. 424, related to funding. #### Codification Pub. L. 110–234 and Pub. L. 110–246 repealed this subchapter. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. #### Effective Date of Repeal Repeal of this subchapter and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8701&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2001 — Homestead protection

**(a) Definitions** As used in this section: (1) The term “Administrator” means the Administrator of the Small Business Administration. (2) The term “borrower-owner” means— (A) a borrower of a loan made or insured by the Secretary or the Administrator who meets the eligibility requirements of subsection (c)(1); or (B) in any case in which an owner of homestead property pledged the property to secure the loan and the owner is different than the borrower, the owner. (3) The term “farm program loan” means any loan made by the Administrator under the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.) for any of the purposes authorized for loans under subchapters 11 So in original. Probably should be “subchapter”. I or II. (4) The term “homestead property” means the principal residence and adjoining property possessed and occupied by a borrower-owner specified in paragraph (2) of this subsection, including a reasonable number of farm outbuildings located on the adjoining land that are useful to the occupants of the homestead, and no more than 10 acres of adjoining land that is used to maintain the family of the individual. (5) The term “Secretary” means the Secretary of Agriculture. **(b) Occupancy of homestead upon foreclosure, bankruptcy, or liquidation; appraisal; period of occupancy** (1) The Secretary or the Administrator shall, on application by a borrower-owner who meets the eligibility requirements of subsection (c)(1), permit the borrower-owner to retain possession and occupancy of homestead property under the terms set forth, and until the action described in this section has been completed, if— (A) the Secretary forecloses, holds in inventory on January

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1981e — Planting and production history guide-

Page 1128 TITLE 7—AGRICULTURE § 1981e past due on the payment of principal or interest on a loan made or insured under this chapter. (b) Contents The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, preservation loan service programs, debt settlement programs, and ap- peal procedures, including the eligibility cri- teria, and terms and conditions of such pro- grams and procedures; (2) include a summary of the manner in which the borrower may apply, and be consid- ered, for all such programs, except that the Secretary shall not require the borrower to se- lect among such programs or waive any right in order to be considered for any program car- ried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including ap- plicable response forms; (5) advise the borrower that a copy of regula- tions is available on request; and (6) be designed to be readable and under- standable by the borrower. (c) Contained in regulations All notices required by this section shall be contained in the regulations implementing this chapter. (d) Timing The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. (e) Consideration of borrowers for loan service programs The Secretary shall consider a farmer program borrower for a

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