§ 766.102 Borrower application requirements. Cross Reference
Link to an amendment published at 89 FR 65044 , Aug. 8, 2024.
( a ) Except as provided in paragraph (e) of this section, an application for primary loan servicing, conservation contract, current market value buyout, homestead protection, or some combination of these options, must include the following to be considered complete: ( 1 ) Completed acknowledgment form provided with the Agency notification and signed by all borrowers;
( 2 ) Completed Agency application form;
( 3 ) Financial records for the 3 most recent years, including income tax returns;
( 4 ) The farming operation's production records for the 3 most recent years or the years the borrower has been farming, whichever is less;
( 5 ) Documentation of compliance with the Agency's environmental regulations contained in subpart G of 7 CFR part 1940;
( 6 ) Verification of all non-farm income;
( 7 ) A current financial statement and the operation's farm operating plan, including the projected cash flow budget reflecting production, income, expenses, and debt repayment plan. In the case of an entity, the entity and all entity members must provide current financial statements; and
( 8 ) Verification of all debts and collateral.
( b ) In addition to the requirements contained in paragraph (a) of this section, the borrower must submit an aerial photo delineating any land to be considered for a conservation contract.
( c ) To be considered for debt settlement, the borrower must provide the appropriate Agency form, and any additional information required under part 761, subpart F of this chapter.
( d ) If a borrower who submitted a complete application while current or financially distressed is renotified as a result of becoming 90 days past due, the borrower must only submit a request for servicing in accordance with paragraph (a)(1) of this section, provided all other information is less than 90 days old and is based on the current production cycle. Any information 90 or more days old or not based on the current production cycle must be updated.
( e ) The borrower need not submit any information under this section that already exists in the Agency's file and is still current as determined by the Agency.
( f ) When jointly liable borrowers have been divorced and one has withdrawn from the farming operation, the Agency may release the withdrawing individual from liability, provided: ( 1 ) The remaining individual submits a complete application in accordance with this section;
( 2 ) Both parties have agreed in a divorce decree or property settlement that only the remaining individual will be responsible for all FLP loan payments;
( 3 ) The withdrawing individual has conveyed all ownership interest in the security to the remaining individual; and
( 4 ) The withdrawing individual does not have repayment ability and does not own any non-essential assets.
[72 FR 63316, Nov. 8, 2007, as amended at 85 FR 36693, June 17, 2020] Editorial Note
Editorial Note: At 81 FR 51285, Aug. 3, 2016, § 766.102, in paragraph (b)(3)(ii), the words “subpart G of 7 CFR part 1940” were removed and the words “part 799 of this chapter” were added in their place. However, paragraph (b)(3)(ii) does not exist, and this amendment could not be incorporated.