§ 761.403 General. ( a ) The Agency will settle debts that result from, except as otherwise specified in this section: ( 1 ) ( i ) Farm Ownership loans (part 764, subpart D of this chapter), including down payment loans (764, subpart E of this chapter);
( ii ) Operating loans (part 764, subpart G of this chapter), including microloans part 764 of this chapter), and youth loans (part 764, subpart H of this chapter);
( iii ) Emergency loans (part 764, subpart I of this chapter);
( iv ) Conservation loans (part 764, subpart F of this chapter);
( v ) Economic Emergency loans (serviced under parts 761 through 767 of this chapter); softwood timber loans; Soil and Water loans; Individual Recreation Loans; Irrigation and Drainage loans; and Shift-in-land-use (Grazing Association) loans;
( 2 ) Costs associated with servicing a borrower's account including, but not limited to, Uniform Commercial Code filing fees, surveys, appraisals, protective advances, and liquidation expenses;
( 3 ) Debts reduced to judgment;
( 4 ) Non-Program Loans;
( 5 ) Amounts the Agency is authorized to recapture through agreements such as the Shared Appreciation Agreement (part 766, subpart E of this chapter);
( 6 ) Loss claims paid on guaranteed loans (part 762 of this chapter);
( 7 ) Unauthorized assistance;
( 8 ) Amounts the Agency may collect from third party converters, or other individuals or entities having possession of security for FLP loans or monies obtained through the sale of FLP loan security; and
( 9 ) Debt returned to the Agency from the Treasury cross-servicing program.
( b ) The debtor's signature is not required to process some debt settlement actions. These cases include, but are not limited to, debts discharged in bankruptcy and debts returned from Treasury's cross-servicing program with amounts still owing when no further collection can be taken.
( c ) FSA will not engage in settlement of a debt if: ( 1 ) Foreclosure of security has been initiated and is pending with Justice, unless Justice has advised FSA that it does not object to the settlement; or
( 2 ) Debts that have been referred to Justice for a judgment, or a judgement has been obtained by the United States Attorney or Justice, unless Justice closes its file and releases the judgement back to FSA for continued servicing; or
( 3 ) The debtor's account is involved in a fiscal irregularity investigation in which final action has not been taken or the account shows evidence that a shortage may exist and an investigation will be requested.
( d ) The Agency will consider settlement of a debt only when: ( 1 ) All security has been liquidated and the proceeds, less any prior lien amounts, have been applied to the debt; or the Agency received a lump sum payment equal to the security's current market value, less any prior lien amounts, and
( 2 ) Payment is received based on the Agency's determination of the amount the borrower can pay to resolve the remaining balance owed on the unsecured debt.
( 3 ) The lump sum payment made under paragraph (d)(1) of this section for the security's market value may be submitted by the borrower, an individual authorized to act for the borrower pursuant to a power of attorney document or court order, or an individual who is not an obligor on the debt but who has an ownership interest in the security.
( e ) If an FLP loan has been accelerated and all security has been liquidated, and the agency has approved an adjustment debt settlement offer in accordance with this subpart, voluntary payments and involuntary payments (such as offsets) will be applied in the following order, as applicable: ( 1 ) Recoverable costs and protective advances plus interest;
( 2 ) Loan principal;
( 3 ) Deferred non-capitalized interest;
( 4 ) Accrued deferred interest; and
( 5 ) Interest accrual to date of payment.
( f ) Settlement of FLP debt referred to Treasury's cross-servicing program and returned to the Agency as uncollectible will not be processed for the borrower until all FLP debts referred to the cross-servicing program for that borrower have been returned, with or without payment agreements.
[85 FR 36691, June 17, 2020, as amended at 86 FR 10441, Feb. 22, 2021]