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7 CFR 3550.208 : Agriculture (§ 1.1 To Parts 4291-4299) — (Parts 2000-2002 To Parts 4291-4299) — Regulations Of The Department Of Agriculture (Continued) (Parts 2000-2002 To Parts 4291-4299) — Rural Housing Service, Department Of Agriculture (Parts 3500-3549 To Parts 3576-3599) — Direct Single Family Housing Loans And Grants (§ 3550.1 To § 3550.300) — Special Servicing (§ 3550.201 To § 3550.250) — Reamortization using promissory note interest rate.

4 Aug 2016

Reamortization using the promissory note interest rate may be authorized when RHS determines that reamortization is required to enable the borrower to meet scheduled obligations, and only if the Government's lien priority is not adversely affected.

(a) Permitted uses. Reamortization at the promissory note interest rate may be used to accomplish a variety of servicing actions, including to:

(1) Repay unauthorized assistance due to inaccurate information.

(2) Repay principal and interest accrued and advances made during a moratorium.

(3) Bring current an account under a delinquency workout agreement after the borrower has demonstrated the willingness and ability to meet the terms of the loan and delinquency workout agreement and reamortization is in the borrower's and Government's best interests.

(4) Bring a delinquent account current in the case of an assumption where the due on sale clause is not triggered as described in § 3550.163(c).

(5) Cover the remaining debt when a portion of the security property is being transferred but the acquisition price does not cover the outstanding debt. The remaining balance will be reamortized for a period not to exceed 10 years or the final due date of the note being reamortized, whichever is sooner.

(6) Bring an account current where the National Appeals Division (NAD) reverses an adverse action, the borrower has adequate repayment ability, and RHS determines the reamortization is in the best interests of the Government and the borrower.

(b) Payment term of reamortized loan. Except as noted in paragraph (a)(5) of this section, the term of the reamortized loan may be extended to the maximum term for which the borrower was eligible at the time the loan was originally made, less the number of years the loan has been outstanding. In all cases, the term must not exceed the remaining security life of the property.

7 CFR 3550.208
[61 FR 59779, Nov. 22, 1996, as amended at 67 FR 78332, Dec. 24, 2002]