§ 5142. Reduction of unpaid principal
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/usc/title-25/section-5142A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general The Secretary of Agriculture may, on the application of the borrower of a loan or loans made under sections 5136 to 5143 of this title, reduce the unpaid principal balance of such loan or loans to the current fair market value of the land purchased with the proceeds of the loan or loans if—
(1)the fair market value of the land has declined by at least 25 percent since such land was purchased by the borrower;
(2)the land has been held by the borrower for a period of at least 5 years; and
(3)the Secretary of the Interior finds that the borrower has insufficient income to both repay the loan or loans and provide normal tribal governmental services.
(b)Fair market value
(1)Appraisal Current fair market value under subsection
(a)of this section shall be determined through an appraisal by an independent qualified fee appraiser, selected by mutual agreement between the borrower and the Secretary of Agriculture.
(2)Costs The cost of appraisals undertaken under paragraph
(1)shall be paid by the borrower.
(c)Appeals Decisions of the Secretary of Agriculture under this section shall be appealable in accordance with the provisions of section 333B 1 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b).
(d)Future applications A borrower that had a loan or loans reduced under this section shall not submit an application for another reduction on such loan or loans for a period of 5 years after the initial reduction.
(Pub. L. 91–229, § 6, as added Pub. L. 101–82, title III, § 303, Aug. 14, 1989, 103 Stat. 583.)
Connections3 cite this · traces to 3
Cited by 3 sections
16 references not yet in our index
- 1
- Pub. L. 91–229, § 6
- Pub. L. 101–82, title III, § 303
- 103 Stat. 583
- section 333B of Pub. L. 87–128
- Pub. L. 99–198, title XIII, § 1313(a)
- 99 Stat. 1525
- Pub. L. 103–354, title II, § 281(c)
- 108 Stat. 3233
- Pub. L. 110–234, title V, § 5301
- 122 Stat. 1147
- Pub. L. 110–246, title V, § 5301
- 122 Stat. 1908
- section 6 of Pub. L. 91–229
- Pub. L. 101–624, title XVIII, § 1854(b)
- 104 Stat. 3837
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§ 5142
Reduction of unpaid principal
U.S.C.×3
Cite1
Pub. L.Pub. L. 91–229, § 6
Pub. L.Pub. L. 101–82, title III, § 303
Stat.103 Stat. 583
Pub. L.section 333B of Pub. L. 87–128
Cites 19 · showing 8Cited by 3 across 1 source