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25 U.S.C. § 1494 — Defaults; written notification; pro rata payments; subrogation and assignment rights of Secretary; cancellation of uncollectable portion of obligations; forbearance for benefit of borrower; interest or charges cessation date

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

25 U.S.C. § 1494 — Defaults; written notification; pro rata payments; subrogation and assignment rights of Secretary; cancellation of uncollectable portion of obligations; forbearance for benefit of borrower; interest or charges cessation date

In the event of a default of a loan guaranteed hereunder, the holder of the guaranty certificate may immediately notify the Secretary in writing of such default and the Secretary shall thereupon pay to such holder the pro rata portion of the amount guaranteed and shall be subrogated to the rights of the holder of the guaranty and receive an assignment of the obligation and security. The Secretary may cancel the uncollectable portion of any obligation, to which he has an assignment or a subrogated right under this section. Nothing in this section shall be construed to preclude any forbearance for the benefit of the borrower as may be agreed upon by the parties to the loan and approved by the Secretary. The Secretary may establish the date, not later than the date of judgment and decree of foreclosure or sale, upon which accrual of interest or charges shall cease.

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Stable record: federal_law:legal_authorities:record_usc_6854164d2adb50ad9903a699
Source file: Laws/federal/codes/united-states-code/title-25/section-1494-defaults-written-notification-pro-rata-payments-subrogation-and-assignme--827116432f.md
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Passage SHA-256: 55669f4f66dd6e5c9e68cdf6364b9c9f427358d0236ead82669138e3149fb902

Source location: Title 25, Chapter 17, § 1494; chapter-017-financing-economic-development-of-indians-and-indian-organizations.md

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In the event of a default of a loan guaranteed hereunder, the holder of the guaranty certificate may immediately notify the Secretary in writing of such default and the Secretary shall thereupon pay to such holder the pro rata portion of the amount guaranteed and shall be subrogated to the rights of the holder of the guaranty and receive an assignment of the obligation and security. The Secretary may cancel the uncollectable portion of any obligation, to which he has an assignment or a subrogated right under this section. Nothing in this section shall be construed to preclude any forbearance for the benefit of the borrower as may be agreed upon by the parties to the loan and approved by the Secretary. The Secretary may establish the date, not later than the date of judgment and decree of foreclosure or sale, upon which accrual of interest or charges shall cease.

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

25 U.S.C. § 386a — Adjustment of reimbursable debts; construction charges

The Secretary of the Interior is hereby authorized and directed to adjust or eliminate reimbursable charges of the Government of the United States existing as debts against individual Indians or tribes of Indians in such a way as shall be equitable and just in consideration of all the circumstances under which such charges were made: Provided, That the collection of all construction costs against any Indian-owned lands within any Government irrigation project is hereby deferred, and no assessments shall be made on behalf of such charges against such lands until the Indian title thereto shall have been extinguished, and any construction assessments heretofore levied against such lands in accordance with the provisions of [section 386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section386&num=0&edition=prelim), and uncollected, are hereby canceled: Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made: Provided further, That any proceedings hereunder shall not be effective until approved by Congress unless Congress shall have failed to act favorably or unfavorably thereon by concurrent resolution within ninety calendar days after the filing of said report, in which case they shall become effective at the termination of the said ninety calendar days: Provided further, That the Secretary shall adjust or eliminate charges, defer collection of construction costs, and make no assessment on behalf of such charges for beneficiaries that hold leases on Hawaiian home lands, to the same extent as is permitted for individual Indians or tribes of Indians under this section.

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

25 U.S.C. § 1494 — Evidence of eligibility of loan for and

Page 235 TITLE 25—INDIANS § 1497 refuse to pay a valid guaranty or insurance claim on loans previously made in good faith. (Pub. L. 93–262, title II, § 213, Apr. 12, 1974, 88 Stat. 81.) § 1494. Evidence of eligibility of loan for and amount of guaranty or insurance; defenses and partial defenses against original lender Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insur- ance under the provisions of this chapter and the amount of such guaranty or insurance: Pro- vided, That nothing in this section shall pre- clude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation or bar him from establishing, by regulations in force at the date of such issuance or disbursement, which- ever is the earlier, partial defenses to the amount payable on the guaranty or insurance. (Pub. L. 93–262, title II, § 214, Apr. 12, 1974, 88 Stat. 81.) § 1495. Land and personal property titles Title to any land purchased by a tribe or by an individual Indian with loans guaranteed or in- sured pursuant to this subchapter may be taken in trust, unless the land is located outside the boundaries of a reservation or a tribal consolida- tion area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchaser without any restric- tion on alienation, control, or use. Title to any personal property purchased with loans guaran- teed or ins

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