§ 1981a. Loan moratorium and policy on foreclosures
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/usc/title-7/section-1981aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general In addition to any other authority that the Secretary may have to defer principal and interest and forego foreclosure, the Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made, insured, or held by the Secretary under this chapter, or under the provisions of any other law administered by the Farmers Home Administration or by the Rural Development Administration, and may forego foreclosure of any such loan, for such period as the Secretary deems necessary upon a showing by the borrower that due to circumstances beyond the borrower’s control, the borrower is temporarily unable to continue making payments of such principal and interest when due without unduly impairing the standard of living of the borrower. The Secretary may permit interest that accrues during the deferral period on any loan deferred under this section to bear no interest during or after such period: Provided, That if the security instrument securing such loan is foreclosed such interest as is included in the purchase price at such foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law.
(b)Moratorium
(1)In general Subject to the other provisions of this subsection, effective beginning on the date of the enactment of this subsection, there shall be in effect a moratorium, with respect to farmer program loans made under subchapter I, II, or III, on all acceleration and foreclosure proceedings instituted by the Department of Agriculture against any farmer or rancher who—
(A)has pending against the Department a claim of program discrimination that is accepted by the Department as valid; or
(B)files a claim of program discrimination that is accepted by the Department as valid.
(2)Waiver of interest and offsets During the period of the moratorium, the Secretary shall waive the accrual of interest and offsets on all farmer program loans made under subchapter I, II, or III for which loan acceleration or foreclosure proceedings have been suspended under paragraph (1).
(3)Termination of moratorium The moratorium shall terminate with respect to a claim of discrimination by a farmer or rancher on the earlier of—
(A)the date the Secretary resolves the claim; or
(B)if the farmer or rancher appeals the decision of the Secretary on the claim to a court of competent jurisdiction, the date that the court renders a final decision on the claim.
(4)Failure to prevail If a farmer or rancher does not prevail on a claim of discrimination described in paragraph (1), the farmer or rancher shall be liable for any interest and offsets that accrued during the period that loan acceleration or foreclosure proceedings have been suspended under paragraph (1).
(Pub. L. 87–128, title III, § 331A, as added Pub. L. 95–334, title I, § 122, Aug. 4, 1978, 92 Stat. 427; amended Pub. L. 101–624, title XXIII, § 2303(b), Nov. 28, 1990, 104 Stat. 3981; Pub. L. 110–234, title XIV, § 14002(a), May 22, 2008, 122 Stat. 1442; Pub. L. 110–246, § 4(a), title XIV, § 14002(a), June 18, 2008, 122 Stat. 1664, 2204.)
Connections23 cite this · traces to 2
Cited by 23 sections · top 20
statutes-at-large
- Public Law 100–387To provide drought assistance to agricultural producers, and for other purposes
- Public Law 102–341Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 97–370Making appropriations for Agriculture, Rural Development, and Related Agencies programs for the fiscal year ending September 30, 1983, and for other purposes
- Public Law 110–234To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes
- Public Law 110–246To provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes
- Public Law 101–161Making appropriations for Rural Development, Agriculture, and Related Agencies programs for the fiscal year ending September 30, 1990, and for other purposes
- Public Law 95–334To amend the Consolidated Farm and Rural Development Act, provide an economic emergency loan program for farmers and ranchers, extend the Emergency Livestock Credit Act of 1974, and for other purposes
- Public Law 98–396Making supplemental appropriations for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 100–201To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
- Public Law 102–142Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1992, and for other purposes
- Public Law 101–506Making appropriations for Rural Development, Agriculture, and Related Agencies programs for the fiscal year ending September 30, 1991, and for other purposes
statute-compilations
Traces to 2 documents
43 references not yet in our index
- Pub. L. 87–128, title III, § 331A
- Pub. L. 95–334, title I, § 122
- 92 Stat. 427
- Pub. L. 101–624, title XXIII, § 2303(b)
- 104 Stat. 3981
- Pub. L. 110–234, title XIV, § 14002(a)
- 122 Stat. 1442
- Pub. L. 110–246, § 4(a)
- 122 Stat. 1664
- Pub. L. 87–128
- 75 Stat. 307
- Pub. L. 110–246
- Pub. L. 110–234
- section 4(a) of Pub. L. 110–246
- Pub. L. 102–341, title III
- 106 Stat. 897
- Pub. L. 102–142, title III
- 105 Stat. 902
- Pub. L. 101–506, title II
- 104 Stat. 1333
- Pub. L. 101–161, title II
- 103 Stat. 969
- Pub. L. 100–460, title II
- 102 Stat. 2246
- Pub. L. 100–202, § 101(k) [title II]
- 101 Stat. 1329–322
- Pub. L. 99–500, § 101(a) [title II]
- 100 Stat. 1783
- Pub. L. 99–591, § 101(a) [title II]
- 100 Stat. 3341
- Pub. L. 99–190, § 101(a) [H.R. 3037, title II]
- 99 Stat. 1185
- Pub. L. 100–202, § 106
- 101 Stat. 1329–433
- Pub. L. 97–370, title II
- 96 Stat. 1800
- Pub. L. 110–246, § 14002(a)
- Pub. L. 101–624
- section 4 of Pub. L. 110–246
- Pub. L. 100–387, title III, § 313(a)
+ 3 more
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§ 1981a
Loan moratorium and policy on foreclosures
Stat.×12
Bills×7
Fed. Reg.×3
Stat. Comp.×1
Pub. L.Pub. L. 87–128, title III, § 331A
Pub. L.Pub. L. 95–334, title I, § 122
Stat.92 Stat. 427
Pub. L.Pub. L. 101–624, title XXIII, § 2303(b)
Stat.104 Stat. 3981
Cites 45 · showing 7Cited by 23 across 4 sources