[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Proposed Rules]
[Pages 70124-70144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32287]



[[Page 70123]]

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Part II





Department of Agriculture





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Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency



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7 CFR Parts 1980 and 3555



Reengineering of the Section 502 Guaranteed Rural Housing (GRH) 
Program; Proposed Rule

  Federal Register / Vol. 64, No. 240 / Wednesday, December 15, 1999 / 
Proposed Rules  

[[Page 70124]]



DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service
Farm Service Agency

7 CFR Parts 1980 and 3555

RIN 0575-AC18


Reengineering of the Section 502 Guaranteed Rural Housing (GRH) 
Program

AGENCY: Rural Housing Service, Rural Business Cooperative Service, Farm 
Service Agency, USDA.

ACTION: Proposed rule.

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SUMMARY: The Rural Housing Service proposes to streamline and 
reengineer its regulations for the administration of its Guaranteed 
Rural Housing (GRH) Program. This action is taken to reduce 
regulations, improve customer service, and improve the Agency's ability 
to achieve greater efficiency, flexibility, and effectiveness in 
managing the program. The effect of this action is to provide better 
service, reduce program vulnerability, and reduce Federal regulations.

DATES: Written or e-mail comments must be received on or before 
February 14, 2000. The comment period for information collections under 
the Paperwork Reduction Act of 1995 continues through February 14, 
2000.

ADDRESSES: Submit written comments via the U.S. Postal Service, in 
duplicate, to the Regulations and Paperwork Management Branch, 
Attention: Tracy Gillin, Rural Development, U.S. Department of 
Agriculture, Stop 0742, 1400 Independence Avenue, S.W., Washington, DC 
20250-0742. Submit written comments via Federal Express Mail, in 
duplicate, to the Regulations and Paperwork Management Branch, 
Attention: Tracy Gillin, USDA--Rural Development, 3rd Floor, 300 E. 
St., SW., Washington, DC 20546. Also, comments may be submitted via the 
Internet by addressing them to ``[email protected]'' and must 
contain the word ``GRH'' in the subject line. All comments will be 
available for public inspection during regular work hours at the 300 E. 
St., SW. address listed above.

FOR FURTHER INFORMATION CONTACT: Dean Daetwyler, Senior Loan 
Specialist, Single Family Housing Guaranteed Loan Division, RHS, Stop 
0784, Room 2250, South Agriculture Building, 1400 Independence Avenue, 
S.W., Washington, DC 20250, telephone (202) 720-1480.

SUPPLEMENTARY INFORMATION:

Classification

    This rule has been determined to be significant and was reviewed by 
the Office of Management and Budget (OMB) under Executive Order 12866.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) Unless 
otherwise specifically provided, all State and local laws and 
regulations that are in conflict with this rule will be preempted; (2) 
no retroactive effect will be given to this rule except as specifically 
prescribed in the rule; (3) administrative proceedings of the Rural 
Housing Service (RHS) and the National Appeals Division (7 CFR part 11) 
must be exhausted before bringing suit.
    The Agency is making regulatory improvements to a more seasoned 
loan program and is eliminating unnecessary administrative matters from 
the CFR. The Agency is also developing a customer and user friendly 
handbook which will clarify the regulation and provide clear and 
definitive guidance for program beneficiaries. These actions will not 
only benefit the Agency, but also participating lenders, their agents, 
and potential homeowners.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Agency generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is needed for a 
rule, section 205 of the UMRA generally requires the Agency to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, more cost-effective or least burdensome alternative 
that achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, and tribal 
governments or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

National Partnership for Reinventing Government

    This regulatory action is being taken as part of the National 
Partnership for Reinventing Government (NPR) to reduce and eliminate 
unnecessary regulations and improve those that remain in force. 
Currently, the administration of the GRH program is guided by a 
regulation totaling 36 pages in the Code of Federal Regulations (CFR). 
The Agency has committed itself to meet the true spirit and intent of 
NPR and has undertaken a massive effort to completely reinvent and 
reengineer its regulatory process. In the new rule, administrative 
matters have been eliminated and remaining text has been completely 
revised to be consistent, simple, and clear. The Agency will publish a 
handbook to provide lenders, servicers, and field staff with the 
administrative guidance needed to effectively and efficiently 
administer the program. The handbook will not be published in the 
Federal Register but will be available upon request to the public. The 
Agency estimates the final rule will cover approximately 23 pages in 
the CFR, for a 36 percent reduction in published material.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' It is the determination of the 
Agency that the proposed action does not constitute a major Federal 
action significantly affecting the quality of the human environment and 
in accordance with the National Environmental Policy Act of 1969, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is required.

Regulatory Flexibility Act

    This proposed rule has been reviewed with regard to the 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). The 
undersigned has determined and certified by signature of this document 
that this rule will not have a significant economic impact on a number 
of small entities. The Agency does not regulate small entities through 
the GRH program. The lender makes the loan to the applicant and the 
Agency guarantees the loan against potential loss providing the loan 
meets certain conditions. Requirements of the lenders are consistent 
with industry standards.

Programs Affected

    This program is listed in the Catalog of Federal Domestic 
Assistance under Number 10.410, Very-low to Moderate Income Housing 
Loans (Section 502 Rural Housing Loans).

[[Page 70125]]

Intergovernmental Consultation

    This program is not subject to the provisions of Executive Order 
12372 which require intergovernmental consultation with State and local 
officials. (See the Notice related to 7 CFR part 3015, subpart V, at 48 
FR 29112, June 24, 1983; 49 FR 22675, May 31, 1984; 50 FR 14088, April 
10, 1985).

Implementation Proposal

    When the Agency publishes this proposed rule in final, it will 
remove 7 CFR part 1980, subpart D, ``Rural Housing Loans,'' from the 
CFR.
    After the effective date of the final rule, the Single Family 
Housing Guaranteed Rural Housing program will be guided by 7 CFR part 
3555. All provisions of the regulation will be effective 30 days after 
publication of the Final Rule except for the requirement for 
Homeownership Education which will take effect 6 months after the 
publication of the Final Rule.
    The handbook will provide lenders, servicers, and field personnel 
with the administrative guidance needed to effectively and efficiently 
administer the program.

Background Information

    On April 17, 1991, the Agency first published a final rule (56 FR 
15748-81) implementing the Guaranteed Rural Housing program. The 
program was authorized under the Cranston-Gonzalez National Affordable 
Housing Act (Pub. L. 101-625).
    After completing notice and comment rulemaking procedures, the 
Agency published another final rule on May 22, 1995, incorporating 
needed changes to encourage greater program participation, make the 
program more user friendly, and improve the success of the program.
    Now that the program has been in effect for several years, the 
Agency is able to better reflect on the effectiveness and efficiencies 
of the GRH program and recognizes the need to focus on making the 
program even more effective, streamline processes, reduce costs to the 
taxpayer, and increase the level of customer service.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the Agency 
will seek Office of Management and Budget (OMB) approval of reporting 
and recordkeeping requirements contained in this regulation.
    Guaranteed Rural Housing (GRH) loans are made by private lenders to 
individuals and households for the purpose of acquiring or constructing 
a single family residence in a rural area. Eligibility for this program 
includes low and moderate income families or persons whose income does 
not exceed 115 percent of the median income for the area, as determined 
by the Secretary.
    The information requested by the Agency includes borrower financial 
information such as household income, assets and liabilities, and 
monthly expenses. All information collected is vital for the Agency to 
determine if borrowers qualify for and assure they receive all 
assistance for which they are eligible. Information requested on 
lenders is required to ensure that lenders are eligible to participate 
in the GRH program. Lender requirements are in compliance with OMB 
Circular A-129.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 25 minutes per response.
    Respondents: Individuals or households and Business or other non-
profit.
    Estimated number of respondents: 44,830.
    Estimated Number of Responses per Respondent: 5.68
    Estimated Total Annual Burden on Respondents: 89,849 hours.
    The GRH loan program has grown from a $100 million program in 1991 
to its current funding level of $3 billion. Both the number of 
borrowers served and the number of lenders participating have increased 
since the program's inception. The reporting burden has increased 
consistent with the growth of the program; however, the cost to the 
consumer has been reduced by 6% since 1998 and dovetails an 11% 
reduction in reporting burden from 1995.
    Copies of this information collection can be obtained from Tracy 
Gillin, Regulations and Paperwork Management Branch, Support Services 
Division, Rural Development, at (202) 692-0039.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Agency, including whether the information will have practical 
utility; (b) the accuracy of the Agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of collection of information on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All responses with regard to paperwork burden will be summarized, 
included in the request for OMB approval, and will be a matter of 
public record. Please send written comments on the information 
collection aspect of the rule to the Desk Officer for Agriculture, 
Office of Information Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503 and to Tracy Gillin, Regulations and 
Paperwork Management Branch, U.S. Department of Agriculture, Rural 
Development, STOP 0742, 1400 Independence Ave., SW, Washington, DC 
20250-0742. A comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication of this rule.

Public Burden in the Handbook

    The Agency is currently developing the proposed Handbook while 
aggressively analyzing all existing burden imposed upon the public to 
obtain and retain guaranteed single family housing program assistance.
    The proposed Handbook will be available for public comment with 
regard only to its information collection requirements on or about 
March 1, 2000. The Agency will publish a Notice in the Federal 
Register, with a 60 day comment period, when the Handbook is available 
with its specific information collection requirements.

Summary of Enhancements To Improve Program Success

    The major changes to enhance the Guaranteed Rural Housing Program 
are discussed below in general order of appearance in the regulation, 
not necessarily based on order of importance.

Subpart A--General

    The definition section will be expanded to clarify terms used in 
the regulation. The definition of ``qualified alien'' will be revised 
in accordance with the definition provided in section 431 of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA), Pub. L. 104-193. Section 402 of PRWORA provides that an alien 
who is not a ``qualified alien'' is not eligible for Federal public 
benefit. Section 401 of Act, in part, provides an exception for non-
qualified aliens who were receiving assistance at the time of enactment 
under any program under title V of the Housing Act of 1949. The Agency 
has determined that guaranteed single family housing loans are a 
Federal benefit generally unavailable to non-qualified aliens. If a 
non-qualified alien had received a guaranteed single

[[Page 70126]]

family housing loan prior to the enactment of the Act, however, the 
Agency would continue to honor the guarantee and service the loan in 
accordance with the proposed rule. The Act also precludes qualified 
aliens from ``federal means tested public benefits'' for five years 
after they become qualified aliens. The Agency, however, considers the 
guaranteed single family housing loan program to be a discretionary, 
rather than a mandatory, assistance program that does not constitute a 
``federal means-tested public benefit'' subject to this further 
restriction.
    The definition of ``Veteran's preference'' has been updated to 
include Persian War era veterans in accordance with section 101 of 
title 38, as amended by the Persian Gulf War Veterans' Benefits Act of 
1991, Pub. L. 102-25.
    Most existing definitions have minor editorial revisions, but are 
not substantially revised.

Subpart B--Lender Participation

    The section on lender participation was modified to provide 
additional guidance on how to become an approved Agency lender. The 
proposed regulation clarifies that a lender approved as a supervised or 
nonsupervised mortgagee by the United States Department of Housing and 
Urban Development (HUD), must also have direct endorsement authority 
from HUD for the submission of applications for Federal Mortgage 
Insurance to be eligible as an Agency approved lender.
    The proposed regulation further clarifies that a lender approved as 
a supervised or nonsupervised mortgagee by the United States Department 
of Veterans Affairs (VA), must also be authorized to close loans on an 
Automatic Basis, as prescribed by VA, to be eligible as an Agency 
approved lender. These VA lenders have staff underwriters and have 
proven that they are capable of approving and closing loans per 
required guidelines. The application process for all lenders will be 
streamlined, and the Agency and its customers will realize improved 
loan quality.
    Lenders who do not meet the requirements to become an approved 
Agency lender under the proposed regulation, may still be able to 
participate as a broker or correspondent mortgagee by processing loans 
through an Agency-approved lender. These lenders must submit loans 
through an approved Agency lender who will be responsible for 
underwriting the loan and ensuring program requirements are met. The 
guarantee will be issued in the name of the approved lender.
    The Agency proposes to include other Federally supervised lenders, 
including those who are members of the Federal Reserve System, and 
those supervised by the Federal Deposit Insurance Corporation (FDIC), 
National Credit Union Administration (NCUA), or Office of the Thrift 
Supervision, as eligible lenders. These lenders will be required to 
provide documentation of their ability to process, underwrite and 
service single family loans to become an approved Agency lender. The 
Agency will assume that lenders approved under other Federal programs 
have the ability to originate and service single family housing loans.
    Reporting requirements by lenders and their agents have been moved 
to the program participation section of the proposed regulation. This 
section was streamlined and contains only policy dealing with reporting 
to the Agency by lenders and their agents.
    The Agency further proposes to require approved lenders to maintain 
a fidelity and omissions policy, listing the Agency as the loss payee, 
with a copy provided to the Agency. This will protect the Agency 
against the potential for fraud and mistakes made by the lender.
    The Agency is also considering requiring in the final rule that 
approved lenders have computer systems that comply with year 2000 
technology. The Agency is specifically interested in comments on such 
an eligibility requirement, the potential vulnerability to the 
servicing of a guaranteed portfolio with systems that are not year 2000 
compliant, the potential vulnerability to the Agency, and the 
requirement's impact on lenders participation in the program.

Subpart C--Loan Requirements

Interest Rate
    Agency regulations currently include a maximum interest rate which 
a lender can charge GRH customers. The maximum rate authorized is the 
greater of the rate for loans guaranteed by VA or the current Fannie 
Mae rate, described as the Fannie Mae 90-day Actual/Actual yield for a 
30 year fixed rate conventional mortgage loan plus 60 basis points.
    Lenders generally utilize the VA rate as it is higher than the 
Fannie Mae rate and allows a lender to adequately price the product. 
Lenders who do not offer loans guaranteed by VA generally do not 
participate in the GRH program since 60 basis points over the Fannie 
Mae rate does not adequately price this mortgage product. The Agency 
continues to receive comments that the current regulatory standards are 
not feasible. Participating lenders contend that the mortgage market is 
so competitive, that the customer receives a more favorable interest 
rate than that established in our regulations making the limit 
unnecessary. In addition, the process is burdensome to lenders and the 
Agency to verify the Fannie Mae rate each time a loan is presented for 
guarantee. The Agency agrees that competitive forces in the marketplace 
help ensure that our customers receive the best interest rate. However, 
the Agency is concerned that in very rural markets, where there is not 
sufficient competition, that rural families may be subjected to higher 
interest rates than if no maximum were prescribed in GRH regulations.
    Section 502(h)(6) of the Housing Act of 1949, as amended, requires 
the interest rate for guaranteed loans to be fixed over the term of the 
loan and not exceed the rate for loans guaranteed under 38 U.S.C. 
chapter 37 (Housing and Small Business Loans) or comparable loans in 
the area that are not guaranteed. At this time, the interest rate for 
loans made under 38 U.S.C. chapter 37 is a negotiated rate of interest 
with no maximum limitation. The rate is negotiated between the lender 
and borrower. In most areas, competition in the mortgage industry 
ensures that loan customers receive the lowest possible interest rate. 
However, in rural areas where there is little or no competition, and no 
comparable loans in the area which are not guaranteed, the Agency 
believes that an interest rate cap is necessary to ensure that our 
customers are not charged an excessive rate of interest. Therefore, the 
Agency is proposing to continue with a maximum interest rate for the 
GRH program. The rate cap will be set so as not to impact or impede 
upon lender participation in areas where competition exists; however, 
will ensure that customers in other areas are not subject to higher 
rates than should be offered for this mortgage product. The maximum 
allowable interest rate will be based upon current market factors and 
established with sufficient flexibility so that lenders can adequately 
price this mortgage product. The Agency intends to publish the rate by 
notice in the Federal Register. This will provide the Agency with 
flexibility to change the rate quickly if an adjustment were necessary 
to react to changes in market conditions. If the rate were included in 
the rule, it would take approximately a year to make any revisions to 
the rate. This timeframe could have an adverse affect on the delivery 
of GRH assistance. For example, if a higher rate were

[[Page 70127]]

necessary, lenders would not offer this mortgage product and 
homeownership opportunities for many rural families would be halted 
until the Agency could promulgate another rule. Conversely, if the 
market becomes so competitive that a lower rate were appropriate, rural 
families in many remote rural areas without adequate market competition 
could be faced with higher than necessary interest rates. At this time, 
if the Agency were to establish a maximum GRH interest rate, it would 
be no more than 125 basis points over the Fannie Mae 90-day Actual/
Actual yield requirements, rounded to the nearest eighth of a percent.
    The Agency is particularly interested in comments regarding this 
section. The Agency recognizes in order to attract and maintain lenders 
who will provide homeownership opportunities for low-and moderate 
income families in rural America, flexibility and simplicity is needed. 
However, the Agency still has a responsibility to ensure that its 
customers are treated equitably and not subject to interest rates that 
are excessive because market competition does not exist. The lowest 
possible interest rate helps to ensure the success of the homeowner and 
reduces risks to both the Agency and Lender. We believe the proposed 
language meets these objectives and we encourage suggestions or 
alternative methods to meet these goals.
Interest Assistance
    The proposed regulation more clearly defines the eligibility 
criteria for existing borrowers with subsidized guaranteed loans 
approved between April 17, 1991, and September 30, 1991. The Agency 
proposes no change from the current regulation which provides that a 
customer should contact their lender when they have had a $100 monthly 
increase in household income. The Agency has considered changing this 
policy to a 10% increase in household income similar to our direct loan 
program. However, lenders and loan servicers have stated that since so 
few interest assistance accounts exist such a minor change would be 
more confusing than beneficial. The Agency is particularly interested 
in comments regarding this section and whether the current policy 
should be continued or a ``10% change'' policy would benefit lenders 
and homeowners. A chart is included in the regulation to be used to 
determine the amount of interest assistance paid by the Government and 
the amount of the borrower's payment. The chart, which is currently 
Exhibit D of the existing regulation, was expanded by adding floor rate 
percentages for borrowers whose income is between 80% and 115% of the 
median income.
    The Agency currently pays a fee to the lender for processing an 
Interest Assistance Agreement renewal. The amount of the fee will be 
included in the handbook and the Agency's annual funding notice 
published in the Federal Register so that the Agency can make changes 
to the fee so as to keep up with costs in accordance with industry 
market factors.
Recapture
    Recapture is defined as the amount of interest assistance to be 
repaid the Agency when the borrower transfers title or ceases to occupy 
the property. The Agency currently refers to recapture as ``Equity 
Sharing'' but will change the term to ``Recapture'' in the proposed 
regulation. The recapture formula has been changed to limit recapture 
to 50 percent of value appreciation or the amount of payment assistance 
received, whichever is less. Currently, the Agency can recapture the 
entire amount of subsidy granted to a borrower up to the value of the 
property. By changing the recapture formula, the Agency will be able to 
recognize improvements the customer made to the property, thereby 
providing the customer with incentive to maintain and improve their 
home without losing all of their equity.
    The circumstances when borrowers are required to repay payment 
assistance have been clarified, including situations involving an 
assumption of a guaranteed loan.
Application for and Issuance of the Loan Note Guarantee
    The Agency has changed the guarantee fee charged to the Lender from 
1 percent of 90 percent of the principal amount advanced (.9 percent of 
the loan amount) to 1 percent of the full amount of the loan (1 percent 
of the loan amount). This change will improve consistency with industry 
standards and will assist the Agency in lowering the subsidy cost of 
the program.

Subpart D--Underwriting the Applicant

Eligible Applicant
    Current Agency regulations preclude the eligibility of current 
homeowners for the GRH program unless their current home is deficient. 
This policy was adopted when the GRH program was first authorized and 
funds were limited. The policy has precluded many rural families from 
relocating or upgrading their current housing. The Agency is now 
proposing to eliminate the requirement that the applicant's current 
home must be deficient to qualify for a GRH loan. This will expand the 
eligibility of current homeowners and allow these potential customers 
to sell their current home and upgrade their housing. These existing 
homes will then provide homeownership opportunities for many other 
rural families, especially those in areas where housing is limited. 
Since the Agency does not communicate directly with many of the 
potential program customers, the Agency is interested in knowing if the 
proposed change in regulations will have a positive impact on rural 
homeownership. As such, the Agency is particularly interested in 
receiving comments on this issue.
Credit Qualifications
    Credit qualifications will be revised to improve clarity and 
further define what constitutes an unacceptable credit history. This 
action will make the GRH program more consistent with the direct 
program and with industry standards.
     Incidents of more than one payment being 30 days or more 
late within the last 12 months has been changed to incidents of 3 or 
more payments late within the last 12 months.
     Incidents of rent payments being paid 30 days or more late 
within the last three years has been changed to incidents of rent 
payments being paid 30 days or more late within the last two years.
     Incidents where a foreclosure has been completed within 
the last 36 months has been adopted as an indicator of unacceptable 
credit. Previously, foreclosures had been listed as a category not to 
be considered as unacceptable credit, provided that the foreclosure was 
completed 12 months before the date of an application. The timeframe 
acceptable to the Agency for prior foreclosure incidents was increased 
from 12 months to 36 months due to risk associated with applicants with 
this type of credit history.
     The Agency has revised the section dealing with collection 
accounts by adding that if the collection account was paid in full 
within the last six months, it is considered an indicator of 
unacceptable credit. The purpose of this change is to discourage 
applicants from paying off collection accounts at the time of 
application only in order to qualify for Agency assistance.
     For non-Agency debts written off within the last 36 
months, the Agency added the language ``unless the account was paid in 
full at least 12 months ago.'' The purpose of this change was to 
discourage applicants paying in full debts previously written off only 
in order to qualify for Agency assistance.

[[Page 70128]]

    The provision, under the current regulation, stating that ``No 
History'' of credit transactions is an acceptable credit history, has 
been deleted from the proposed regulation. The Agency feels that a lack 
of credit history should not automatically be considered acceptable 
credit. A recent study indicated that the highest delinquency rate in 
the first year of homeownership was attributed to customers who had no 
credit history prior to obtaining an Agency loan. This was particularly 
evident in customers who had resided with family prior to obtaining a 
mortgage loan and had no credit experience on their own. Based upon 
this study, the Agency does not believe that a lender evaluating an 
application from a family who has no experience in paying financial 
obligations can document that the customer has the capacity to repay 
the proposed loan. The handbook will clarify that ``no credit history'' 
on a credit report will not automatically be a reason to deny a loan 
since many creditors, such as landlords, utility companies, small 
department stores, and doctors, do not report to credit repositories. 
Detailed guidance concerning the evaluation of credit will be given to 
lenders in the handbook. The Agency feels that changes to the credit 
requirements and guidelines will assist lenders in evaluating 
applicants, help to ensure the success of the customer, and reduce 
risks to the Agency.
    The provision to allow a lender to consider mitigating 
circumstances to establish a borrower's intent for good credit will be 
amended to be more consistent with the direct single family housing 
loan program and the private mortgage industry. Such flexibility will 
be added to cover the situation where a loan will significantly reduce 
the applicant's shelter costs and enhance debt repayment ability. The 
Agency hopes to benefit otherwise eligible applicants who have adverse 
credit due to high current shelter costs. The provision also will 
specify that mitigating circumstances will not be considered to provide 
loan assistance when the applicant is delinquent on a Federal debt or 
other Government outstanding judgment against the applicant in a 
Federal court, other than the United States Tax Court. These exceptions 
are based on statutory prohibitions in 31 U.S.C. 3720B and 28 U.S.C. 
3201(e), respectively. The current provision for consideration of an 
applicant's justifiable dispute concerning goods or services as a 
mitigating circumstance also will be deleted as unnecessary. The broad 
mitigating factor for circumstances of a temporary nature would cover 
this situation. The Agency is particularly interested in receiving 
comments on this issue, especially as to the parameters of when adverse 
credit may be mitigated.
Homeownership Education
    The Agency is adopting a mandatory homeownership education 
requirement for first time homebuyers who have not previously owned a 
home, as authorized by 502(e)(4) of title V of the Housing Act of 1949. 
This will ensure that first-time homebuyers are adequately prepared for 
the obligations of homeownership. The Agency feels that this 
requirement will assist customers in understanding the responsibilities 
and demands of homeownership.
    The Agency strongly believes that homeownership education is 
necessary for all first time homeowners. This is consistent with the 
direction of the lending industry and helps ensure the success of the 
homeowner and program while having the added benefit of minimizing 
losses to the Government and lender. However, the Agency recognizes the 
impact of this requirement upon the lending community and recognizes 
that in some cases, there may be a cost for this service and that the 
cost will generally be paid by the potential homeowner. The cost of 
homeownership education is an eligible loan purpose and can be included 
in the loan provided the appraised value of the property supports the 
inclusion of this fee. Alternatively, the cost may be paid directly by 
the applicant.
    The Agency intends to establish minimum parameters for 
homeownership education in accordance with the standards currently 
being developed by the American Homeowner Education and Counseling 
Institute. The Agency believes there are two methods to ensure that 
homeownership education is provided. One method would be for the lender 
to maintain a list of acceptable providers of homeownership education 
and provide such list to potential clients. The lender would be 
responsible for ensuring that the providers met Agency requirements. A 
certification from the service provider would be required before the 
loan could be approved. An alternative method would be for the lender 
to provide the service, and if any costs are involved, each applicant 
would be charged the same fee. The Agency is particularly interested in 
comments on the parameters of an acceptable homeownership education 
program, whether one or both options should be offered to lenders, 
alternative methods, and potential costs of such service. This rule 
will be amended to incorporate the standards as established.
Net Family Assets
    A definition has been added for net family assets. Clarification as 
to which assets must be included in the calculation of annual income as 
well as assets which are not included in the calculation are included 
in the proposed regulation. The requirements of the Agency are 
consistent with the requirement of the U.S. Department of Housing and 
Urban Development in accordance with 24 CFR 5.603.

Subpart E--Underwriting the Property

Ownership Requirements
    The Agency proposes to increase the unexpired term on a secured 
leasehold interest from 40 years to 45 years before a guarantee will be 
considered. In the event of a foreclosure, leasehold interests must 
also be fully marketable in the area. The requirement for a lease to 
have an unexpired term of one and one-half times the term of the 
mortgage is considered to be industry standard, so that, in the event 
of a foreclosure, the loan will be fully marketable. This requirement 
helps to protect the lender as well as the Government. Should the term 
of the lease be less than the term of a 30 year mortgage, the value of 
the property would not be fully marketable and the value of the 
property would be decreased, thereby increasing the potential amount of 
a loss. Certain exceptions are provided on properties located on 
American Indian restricted lands due to the unique nature of securing 
loans in these areas.
Special Requirements for Condominiums
    As the Agency does not approve subdivisions and condominiums, the 
proposed regulation stipulates that condominiums must be in a project 
approved or accepted by HUD, VA, Fannie Mae, or the Federal Home Loan 
Mortgage Corporation (Freddie Mac).
Special Requirements for Community Trust Lands
    Language has been added to the proposed regulation outlining the 
requirements for guaranteed loans for dwellings on land owned by a 
community land trust. The Agency may guarantee a loan in these areas 
provided that any restrictions imposed by the community land trust are 
first reviewed and accepted by the Agency and that the requirements 
imposed by the community land trust automatically terminate upon 
foreclosure or

[[Page 70129]]

acceptance by the lender of a deed in lieu of foreclosure case. The 
Agency is concerned about possible discriminating language in community 
land trust restrictions. Current regulations do not address community 
land trusts.
Special Requirements for Planned Unit Developments
    Clarification on loans for dwellings in Planned Unit Developments 
(PUD) have been added to the regulation. Such loans may be guaranteed 
if PUD meets all of the Agency's requirements and those of HUD, VA, 
Fannie Mae, or Freddie Mac. This issue is not addressed in the current 
regulation.
Special Requirements for Manufactured Homes
    The Agency added a provision requiring the dealer-contractor to 
provide a warranty in accordance with 7 CFR part 1924, subpart A, 
identifying the unit by serial number. The dealer-contractor is also 
required to certify that the unit has not sustained any hidden damage 
during transportation and that the permanent foundation complies with 
plans and specifications. If the unit was manufactured in separate 
sections, the dealer-contractor must certify that the sections were 
properly joined and sealed per manufacturer's specifications. The 
dealer-contractor must also provide the applicant with a copy of all 
manufacturer's warranties. These provisions are similar to those in the 
direct 502 program and were added to protect the financial interests of 
the applicant, the lender, and the Government and to ensure that the 
dwelling is of acceptable quality.
    To maintain consistency with the direct 502 program, the Agency 
will continue to finance only new manufactured homes that meet or 
exceed Agency thermal standards. The Agency has received comments 
regarding consideration of financing existing manufactured housing 
stock, not originally financed with an Agency loan. However, the Agency 
believes that cost to retrofit an existing manufactured home so it can 
meet Agency thermal standards is cost prohibitive and not in the best 
interest of the customer. The Agency is also concerned about other 
lender's experiences with higher losses on existing manufactured homes. 
Additionally, according to HUD research, as published in the ``Ninth 
Report to Congress on the Manufactured Housing Program,'' manufactured 
homes over a 10 year exposure period are 5 times more likely to suffer 
structural failure as compared to a conventionally built home. HUD is 
expected to begin a review of the manufactured construction code this 
year. After HUD completes this process and the Agency reviews its 
findings, the Agency will re-consider financing existing manufactured 
housing.

Subpart F--Regular Servicing

Servicing Responsibilities
    The section on servicing has been expanded to include lender 
responsibilities. Language was added to allow the Agency to require a 
lender to transfer its loan servicing activities to another approved 
lender if the servicing lender fails to provide acceptable servicing.
Required Servicing Actions
    The Agency wants to provide flexibility to lenders that do not have 
the capacity to escrow taxes and insurance. The Agency will allow these 
lenders the opportunity to submit a plan to the Agency for approval to 
ensure that the customer pays tax and insurance obligations. The 
lender, however, must accept ultimate responsibility for the payment of 
taxes and insurance which come due prior to liquidation of an account. 
This provision is intended to help expand the program into more rural 
areas with smaller lenders without escrow capabilities, while still 
protecting the borrower's interest.
    A section on insurance has also been added and encompasses both the 
requirements for homeowners insurance and flood insurance on properties 
located in Special Flood Hazard Areas. This consolidated section on 
insurance eliminates the need for the current section of the regulation 
devoted to flood or mudslide hazard areas.
    The Agency has added the requirement that the lender must notify a 
credit repository of each new guaranteed loan and must report to the 
credit repository all accounts that become more than 30 calendar days 
past due. This is consistent with industry standards. The current 
regulation only requires a lender to report a loan to a credit 
repository when payments become three payments delinquent and it does 
not require a lender to report new guaranteed loans.
Borrower Actions Requiring Lender Approval
    Language has been added to allow a lender to consent to a lease of 
mineral rights as long as the security property remains suitable for a 
residence, the Government's interest will not be adversely affected, 
and Agency environmental requirements are met.
    Additionally, the Agency proposes to allow a lender to consent to 
certain transactions affecting the security property such as the sale 
or exchange of a portion of the security property, granting of a right-
of-way across the property, or granting a partial release of the 
security property provided the transaction meets certain conditions to 
protect the lender and the Government's interests.
    Under the current regulation, mineral leases and partial releases 
were not addressed. Under the proposed regulation, guidance is provided 
on allowing mineral leases and partial releases. This will give the 
lender more flexibility in servicing it's guaranteed portfolio, while 
still protecting the Government's interest.
Transfer and Assumptions
    The Agency has reorganized and clarified this section. A section on 
transfers, without triggering the due-on-sale clause, has been added to 
allow the transfer of property to a spouse or children not resulting 
from the death of a borrower, transfer to a relative, joint tenant, 
tenants by the entirety resulting from the death of a borrower, or 
transfer to an ex-spouse resulting from a divorce decree, legal 
separation agreement, or property settlement agreement. The addition of 
this section is in accordance with Sec. 341 of the Garn-St Germain 
Depository Institutions Act of 1982 (Pub. L. 97-320).

Subpart G--Servicing Accounts With Repayment Problems

    A section was added to the proposed regulation to clarify that 
lenders may enter into a forbearance agreement provided it includes a 
reasonable plan for bringing the account current.
    The Agency eliminated the requirement for a lender to obtain prior 
Agency approval for protective advances. The Agency feels that lenders 
need the ability to immediately procure certain services to protect 
their interests as well as the interest of the Government. The time it 
takes a lender to obtain Agency approval for protective advances can 
increase exposure and could result in a higher cost to the Agency in 
the event of a loss. However, protective advances are to be used only 
to pay for emergency expenses necessary to protect the security 
property. Lenders will be allowed to provide a protective advance only 
to pay for emergency repairs needed to protect the security property 
only if the borrower is unable to secure an additional loan to pay 
these costs or if the borrower has abandoned the property. 
Additionally, a lender may advance funds to pay real estate taxes, 
local assessments, and hazard or flood

[[Page 70130]]

insurance premiums that are past due in order to protect the lender's 
interest. Only acceptable protective advances will be eligible for loss 
claim reimbursement. Specific guidance will be provided in the handbook 
to assist lenders in determining an acceptable protective advance.
Liquidation
    A section on bankruptcy was added to inform lenders of the Agency's 
expectations in reasonably servicing an account in bankruptcy. The 
expectations of the Agency include: (a) The suspension of collection 
and foreclosure actions in accordance with the requirements of the 
Bankruptcy Code; and (b) when possible in a Chapter 7 bankruptcy, a 
reaffirmation agreement signed by the borrower and approved by the 
bankruptcy court prior to discharge, if the lender decides to continue 
with the borrower. Additionally, the lender may accept conveyance of 
the security property by the trustee in the bankruptcy if the 
bankruptcy court has approved the transaction and the lender will 
acquire title free and clear of all liens and encumbrances except the 
lender's liens.
    The voluntary liquidation section has been enhanced to clarify that 
a lender may accept a request from a borrower to voluntarily liquidate 
the security property by way of refinancing or sale providing the price 
reflects at least the property's value as determined by a current 
market appraisal. The lender may also accept a deed in lieu of 
foreclosure unless the anticipated costs for selling the property, 
including any costs required to make the property salable, exceed the 
property's appraised value.
    To ensure the Agency is in compliance with the Debt Collection Act 
and the Department of Treasury and Office of Management and Budget 
Circulars, a section was added to the proposed regulation to require 
the lender to report to the IRS and credit reporting agencies any debt 
that is settled through liquidation.

Subpart H--Collecting on the Guarantee

    The section of the current regulation addressing loss payments has 
been broken down into several parts in order to clarify the Agency's 
policy on collection on the guarantee.
    The Agency will no longer require lenders to submit a property 
disposition plan for approval prior to disposing of Real Estate Owned 
(REO) properties. However, the Agency will provide specific guidance in 
the handbook for disposition of REO property, sales price 
determinations, and price reductions. By providing clear guidance to 
lenders for REO property disposition, the Agency feels that the 
efficiency and timeliness of the loss claim process will be enhanced, 
which in turn will reduce loss claim costs. This will also reduce 
unnecessary paperwork burden on the public. The Agency will monitor 
lender REO property disposition performance during servicing reviews.
    The Agency has added a section on net recovery value. The section 
explains the difference between actual net recovery value and 
anticipated net recovery value. The difference between these two 
concepts is important to the lender in filing a claim for a loss under 
the terms of the guarantee. If the property has been sold at 
foreclosure or out of the lender's inventory, actual net recovery value 
is determined. However, if the property remains in the lender's 
inventory, the anticipated net recovery value is used in the loss claim 
calculation.
    Current regulations allow a lender up to 6 months from the date 
they acquired the property to sell the property from inventory. The 
date acquired is considered the date of the foreclosure sale and does 
not take into account any applicable redemption period. If the property 
remains unsold after 6 months from the date of the foreclosure, a 
lender is required to submit a loss claim based on a liquidation 
appraisal. The change to this requirement will allow a lender 90 days 
to market the property after any required redemption period. Redemption 
periods vary from State to State and on average are approximately 6 
months in length. This change will allow lenders in all States equal 
time to dispose of REO property, as some States have laws which provide 
a redemption period to allow a homeowner to redeem their property after 
a foreclosure sale.
    If the property is located on Native American Indian trust or 
restricted land, the lender must notify the Agency if the property has 
not sold within 12 months of the foreclosure sale or from the end of 
any applicable redemption period, whichever is later. This extended 
time frame allows the lender extra flexibility to dispose of the REO 
due to restriction, which must be addressed when such properties are 
acquired.

List of Subjects

7 CFR Part 1980

    Home improvement, Loan Programs-Housing and community development, 
Mortgage insurance, Mortgages, Rural areas.

7 CFR Part 3555

    Administrative practice and procedure, Conflict of interests, 
Credit, Environmental impact statements, Equal credit opportunity, Fair 
Housing, Flood insurance, Home improvement, Housing, Loan programs-
Housing and community development, Low and moderate income housing, 
Manufactured homes, Mortgage insurance, Mortgages, Rural areas, 
Subsidies.

    For the reasons set forth in the preamble, Chapters XVIII and XXXV, 
title 7, Code of Federal Regulations are proposed to be amended as 
follows:

CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE 
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT 
OF AGRICULTURE

PART 1980--GENERAL

    1. The authority citation for part 1980 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

Subpart D--[Removed and Reserved]

    2. Subpart D of part 1980 is removed and reserved.

CHAPTER XXXV--RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE

    3. Part 3555, consisting of subparts A through H, is added to read 
as follows:

PART 3555--GUARANTEED RURAL HOUSING LOAN PROGRAM

Subpart A--General

Sec.
3555.1  Applicability.
3555.2  Purpose.
3555.3  Civil Rights.
3555.4  Mediation and appeals.
3555.5  Environmental requirements.
3555.6  State and local law.
3555.7  Exception authority.
3555.8  Conflict of interest.
3555.9  Enforcement.
3555.10  Definitions.
3555.11-3555.50  [Reserved]

Subpart B--Lender Participation

3555.51  Lender eligibility.
3555.52  Lender approval.
3555.53  Contracting for loan origination.
3555.54  Sale of loans to approved lenders.
3555.55-3555.100  [Reserved]

Subpart C--Loan Requirements

3555.101  Loan purposes.
3555.102  Loan restrictions.
3555.103  Maximum loan amount.
3555.104  Loan terms.
3555.105  Interest assistance.
3555.106  Recapture.
3555.107  Application for and issuance of the loan guarantee.
3555.108-3555.150  [Reserved]

[[Page 70131]]

Subpart D--Underwriting the Applicant

3555.151  Eligibility requirements.
3555.152  Calculation of income and assets.
3555.153-3555.200  [Reserved]

Subpart E--Underwriting the Property

3555.201  Site requirements.
3555.202  Dwelling requirements.
3555.203  Ownership requirements.
3555.204  Security requirements.
3555.205  Special requirements for condominiums.
3555.206  Special requirements for community land trusts.
3555.207  Special requirements for Planned Unit Developments.
3555.208  Special requirements for manufactured homes.
3555.209-3555.250  [Reserved]

Subpart F--Regular Servicing

3555.251  Servicing responsibility.
3555.252  Required servicing actions.
3555.253  Late payment charges.
3555.254  Final payments.
3555.255  Borrower actions requiring lender approval.
3555.256  Transfer and assumptions.
3555.257  Unauthorized assistance.
3555.258-3555.300  [Reserved]

Subpart G--Servicing Accounts With Repayment Problems

3555.301  General policy.
3555.302  Forbearance.
3555.303  Protective advances.
3555.304  Reamortization.
3555.305  Liquidation.
3555.306-3555.350  [Reserved]

Subpart H--Collecting on the Guarantee

3555.351  Loan guarantee limits.
3555.352  Loss covered by the guarantee.
3555.353  Net recovery value.
3555.354  Loss claim procedures.
3555.355  Reducing or denying the claim.
3555.356  Future recovery.
3555.357-3555.400  [Reserved]

    Authority: 5 U.S.C. 301; 42 U.S.C. 1471 et seq.

Subpart A--General


Sec. 3555.1  Applicability.

    This part sets forth policies for the Guaranteed Rural Housing Loan 
Program operated by the Rural Housing Service. It addresses the 
requirements of section 502(h) of the Housing Act of 1949, as amended, 
and includes policies regarding originating, servicing, holding and 
liquidating guaranteed loans. Any provision regarding the expenditure 
of funds under this part is contingent upon the availability of funds.


Sec. 3555.2  Purpose.

    The purpose of the guaranteed rural housing loan program is to 
provide low- and moderate-income persons who will live in rural areas 
with an opportunity to own adequate but modest, decent, safe, and 
sanitary dwellings and related facilities. The program offers persons 
who do not currently own adequate housing the opportunity to acquire, 
build, rehabilitate, improve, or relocate dwellings in rural areas. The 
program provides guarantees only for qualified loans that a lender 
would not make without a guarantee.


Sec. 3555.3  Civil rights.

    The Agency, lenders, and their agents must administer the program 
fairly, and in accordance with both the letter and the spirit of all 
equal opportunity, equal credit opportunity and fair housing 
legislation, and applicable executive orders. Loan guarantees, 
services, and benefits provided under this part shall not be denied to 
any person based on race, color, national origin, sex, religion, 
marital status, familial status, age (provided the applicant has the 
capacity to enter into a binding contract), handicap, receipt of income 
from public assistance, sexual orientation, or because the applicant 
has, in good faith, exercised any right under the Consumer Credit 
Protection Act (15 U.S.C. 1601 et seq.). All activities under this part 
shall be accomplished in accordance with the Fair Housing Act (42 
U.S.C. 3601-3620), and Executive Order 11063 as amended by Executive 
Order 12259, as applicable. The Agency's civil rights compliance 
requirements are provided in 7 CFR 1901, subpart E.


Sec. 3555.4  Mediation and appeals.

    Whenever the Agency makes a decision that will adversely affect a 
participant, the participant may proceed with alternative dispute 
resolution including mediation and a USDA National Appeals Division 
hearing in accordance with part 11 of this title. The participant also 
may request an informal review of the situation with the decision 
maker. Except when the adverse decision applies to a loss claim, the 
applicant or borrower and the lender must participate jointly in the 
appeal process. Decisions made by the lender cannot be appealed unless 
concurrence by the Agency was required by this subpart and obtained by 
the lender.


Sec. 3555.5  Environmental requirements.

    (a) Policy. The Agency will consider environmental quality as equal 
with economic, social, and other relevant factors in program 
development and decision-making processes. The Agency will take into 
account potential environmental impacts of proposed projects by working 
with applicants, other Federal agencies, American Indian tribes, State 
and local governments, and interested citizens and organizations in 
order to formulate actions that advance the program's goals in a manner 
that will protect, enhance, and restore environmental quality.
    (b) Regulatory references. Loan processing and servicing actions 
under this part will be completed in accordance with the requirements 
of part 1940, subpart G of this title, which addresses environmental 
requirements; part 1924, subpart A of this title, which addresses lead-
based paint requirements; and part 1806, subpart B of this title, which 
addresses flood insurance.
    (c) Agency responsibilities. Responsibility for compliance with the 
National Environmental Policy Act and with the Agency's environmental 
regulations rests with the Agency, not the guaranteed lender.
    (d) Lender and applicant responsibilities. (1) On an as needed 
basis, lenders and applicants will assist the Agency in obtaining such 
information as the Agency needs to complete its environmental review 
and to cooperate in the resolution of environmental problems.
    (2) Lenders will become familiar with Agency environmental 
requirements, so they can advise applicants and reduce the probability 
of unacceptable applications being submitted to the Agency.
    (3) The applicant must obtain flood insurance offered under the 
National Flood Insurance Act of 1968 if the dwelling is located in an 
area identified by FEMA as having special flood hazards.
    (4) The lender must determine whether the dwelling is located in a 
special flood hazard area, and if so, ensure that the borrower 
maintains acceptable flood insurance throughout the term of the loan.


Sec. 3555.6  State and local law.

    Lenders will comply with applicable State and local laws and 
regulations, including the laws of American Indian tribes. Supplemental 
guidance will be issued in the case of any conflict with or significant 
differences from provisions of this part.


Sec. 3555.7  Exception authority.

    The Administrator of the Agency, or a designee, may make an 
exception to any requirement or provision of this part or to address 
any omissions in this part, when the Administrator determines that 
application of the requirement or provision, or failure to take action 
in the case of an omission, would adversely affect the Government's 
interest.


Sec. 3555.8  Conflict of interest.

    (a) Applicant or borrower responsibility. The applicant or

[[Page 70132]]

borrower must disclose to the lender any prohibited relationship or 
association with any Rural Development employee, and the lender must 
disclose that information to the Agency.
    (b) Lender responsibility. The lender must disclose to the Agency 
any prohibited relationship or association it, or any of its employees, 
has with any Rural Development employee.
    (c) Prohibited relationships and associations. Prohibited 
relationships and associations include the following:
    (1) Immediate family members, including parents and children, 
whether related by blood or marriage, and any household residents;
    (2) Close relatives, including grandmother, grandfather, aunt, 
uncle, sister, brother, niece, nephew, granddaughter, grandson, or 
first cousin, whether related by blood or marriage;
    (3) Immediate working relationships, including coworkers in the 
same office, subordinates, and immediate supervisors; and
    (4) Close business associations, including business partnerships, 
joint ventures, or closely-held corporations.
    (d) Result of disclosure. Disclosure of prohibited relationships 
and associations under this section will not result in applicant, 
borrower or lender ineligibility. Disclosures may result in 
reassignment of Rural Development employees with regard to the loan 
guarantee in question so that no prohibited relationships or 
associations exist between the Rural Development employees responsible 
for loan guarantee transactions and lenders, borrowers, or applicants.


Sec. 3555.9  Enforcement.

    The Agency will take such actions as are appropriate and necessary 
to enforce the provisions of these regulations. Such actions will 
include, but not be limited to, reduction of the loss claim payment; 
termination of the guarantee agreement or any loan servicing agreement; 
suspension and debarment of participation in this or other Agency 
programs; and any other appropriate administrative, civil, or criminal 
actions.


Sec. 3555.10  Definitions.

    The definitions in this section apply to this part.
    Acceleration. Demand for immediate repayment of the entire balance 
of a debt if the covenants in the promissory note, assumption 
agreement, or security instruments are breached.
    Adjusted income. Income from all household members, which is used 
to determine whether an applicant is income-eligible for a guaranteed 
loan, or interest assistance, if applicable. Adjusted income provides 
for deductions to account for varying household circumstances and 
expenses. See Sec. 3555.152 for a complete description of adjusted 
income.
    Agency. The Rural Housing Service of the U.S. Department of 
Agriculture, or its successor agency, formerly the Rural Housing and 
Community Development Service, a successor agency to the Farmers Home 
Administration.
    Agency employee. Any employee of the Rural Housing Service, or any 
employee of the Rural Development mission area who carries out section 
502 guaranteed loan program functions.
    Alien. See ``Qualified alien.''
    American Indian Restricted Land. Land or any interest in land which 
is held by an individual American Indian or tribe, including any band, 
rancheria, colony, pueblo, group, community or nation of Indians or 
Alaska Natives, and is subject to Federal restrictions against 
alienation or encumbrance.
    Amortized payment. Equal monthly payments under a fully amortized 
mortgage loan that provides for the scheduled payment of interest and 
principal over the term of the loan.
    Annual income. The income of all household members from all sources 
except those listed in Sec. 3555.152(b).
    Applicant. An individual applying to a lender for a guaranteed 
loan.
    Area Median Income. The median income in a specific locality; 
typically a County or Metropolitan Statistical Area (MSA) as determined 
by the Department of Housing and Urban Development
    Assumption. The procedure whereby title to a security property is 
transferred to an eligible transferee who agrees to assume the 
obligations of the loan; however, the transferor remains liable.
    Borrower. An individual who has received a loan guaranteed under 
the guaranteed rural housing loan program.
    Community land trust. A private nonprofit community housing 
development organization that is established to acquire parcels of 
land, held in perpetuity, primarily for conveyance under long-term 
ground leases.
    Conditional commitment. The Agency's agreement that a proposed loan 
will be guaranteed if all conditions and requirements established by 
the Agency are met.
    Condominium. A form of fee ownership of whole units or separate 
portions of multi-unit buildings under the laws of the State where the 
property is located which provides the mechanics and facilities for 
formal filing and recording of a divided interest in real property, 
where the division is vertical as well as horizontal. Fee ownership of 
the units in a multi-unit property and joint ownership of the common 
areas.
    Dealer-contractor. A person, firm, partnership, or corporation 
capable of providing complete services for selling, servicing and 
developing sites for manufactured homes.
    Debarment. An action taken under part 3017 of this title or title 
48 of the Code of Federal Regulations to exclude a person or entity 
from participating in Federal programs.
    Deficient housing. A dwelling that lacks complete plumbing; lacks 
adequate heating; is dilapidated or structurally unsound; has an 
overcrowding situation that will be corrected with loan funds; or that 
is otherwise uninhabitable, unsafe, or poses a health or environmental 
threat to the occupant or others.
    Disability, person with. See ``Person with a disability.''
    Dwelling. A house, manufactured home, or condominium unit, and 
related facilities, such as a garage or storage shed.
    Elderly family. An elderly family consists of one of the following:
    (1) A person who is the head, spouse, or sole member of a household 
and who is 62 years of age or older, or who is disabled, and is an 
applicant or borrower;
    (2) Two or more persons who are living together, at least one of 
whom is age 62 or older, or disabled, and who is an applicant or 
borrower; or
    (3) Where the deceased borrower or spouse in a household was at 
least 62 years old or disabled, the surviving household member shall 
continue to be classified as an elderly household for the purpose of 
determining adjusted income, even though the surviving members may not 
meet the definition of an elderly household on their own, provided:
    (i) They occupied the dwelling with the deceased household member 
at the time of the death;
    (ii) If one of the surviving household members is the spouse of the 
deceased household member, the surviving household shall be classified 
as an elderly family only until the remarriage or death of the 
surviving spouse; and
    (iii) At the time of the death of the deceased household member, 
the dwelling was financed with a guaranteed Rural Housing loan.
    Escrow account. An account to which the borrower contributes 
monthly payments to cover the anticipated costs of real estate taxes, 
hazard and flood insurance premiums, and other related costs.

[[Page 70133]]

    Existing dwelling. A dwelling that is more than one year old, or 
less than one year old and covered by an approved ten-year warranty.
    False information. For the purpose of this part only, information 
that the borrower or lender knew or should have known was incorrect and 
that was provided or omitted for the purpose of obtaining assistance.
    FEMA. The United States Federal Emergency Management Agency.
    FHA. The Federal Housing Administration of the United States 
Department of Housing and Urban Development.
    First-time homebuyer. Individuals who meet any one of the following 
three criteria are considered first-time homebuyers.
    (1) An individual who has had no ownership interest in a principal 
residence during the three-year period ending on the date of loan 
closing.
    (2) An individual who is a displaced homemaker and who, except for 
owning a home with a spouse, has had no ownership interest in a 
principal residence during the three-year period ending on the date of 
loan closing. Displaced homemakers include any individual who is:
    (i) An adult;
    (ii) Unemployed or underemployed;
    (iii) Experiencing difficulty in obtaining or upgrading employment; 
and
    (iv) In recent years has worked primarily without remuneration to 
care for the home and family, but has not worked full-time, full-year 
in the labor force.
    (3) An individual who is a single parent and who, except for owning 
a home with a spouse, has had no ownership interest in a principal 
residence during the three-year period ending on the date of loan 
closing. Single parents include any individual who is:
    (i) Unmarried or legally separated from a spouse; and
    (ii) Has custody or joint custody of one or more children, or is 
pregnant.
    Floor interest rate. The rate of interest, determined at the time 
of loan closing, that the borrower would pay if the note were amortized 
at the rate corresponding to the borrower's income range as determined 
in accordance with Sec. 3555.105(b).
    Forbearance agreement. An agreement between the lender and the 
borrower providing for temporary suspension of payments or a repayment 
plan that calls for periodic payments of less than the normal monthly 
payment, periodic payments at different intervals, etc. to bring the 
account current.
    Freddie Mac. Federal Home Loan Mortgage Corporation.
    Full-time student. A person who carries at least the minimum number 
of credit hours considered to be full-time by the university, college, 
or vocational school in which the person is enrolled.
    Funded buydown account. An escrow account funded by the lender, 
seller, or through a third party gift, from which monthly payments are 
released directly to the lender to reduce the amount of interest on a 
loan, thereby improving an applicant's repayment ability.
    Guaranteed loan. A loan guaranteed under section 502 of the Housing 
Act of 1949. Under the guarantee, the owner of the loan note may be 
reimbursed for all or part of a loss incurred if a borrower defaults on 
a loan.
    Household. All persons expected to be living in the dwelling as 
principal residence, except for live-in aides, foster children, and 
foster adults.
    Housing Act of 1949. The Act which, in part, provides the authority 
for single family housing programs, codified at 42 U.S.C. 1471, et seq.
    HUD. The United States Department of Housing and Urban Development.
    Interest assistance. Agency assistance available to eligible 
borrowers that reduces the effective interest rate on the guaranteed 
loan.
    IRS. The Internal Revenue Service of the United States Department 
of the Treasury.
    Lender. The entity making, holding, or servicing a loan that is 
guaranteed under the provisions of this part.
    Live-in aide. A person who lives with an elderly or disabled person 
and is essential to that person's care and well-being, not obligated 
for the person's support, and would not be living in the unit except to 
provide the support services.
    Low-income. An adjusted income that is greater than the HUD 
established very low-income limit, but that does not exceed the HUD 
established low-income limit (generally 80 percent of median income 
adjusted for household size) for the county or Metropolitan Statistical 
Area where the property is or will be located.
    Manufactured home. A structure that is built to Federally 
Manufactured Home Construction and Safety Standards and the Agency's 
Thermal Performance Standards. It is transportable in one or more 
sections, which in the traveling mode is ten-body feet (3.048 meters) 
or more in width, and when erected on site is 400 or more square feet 
(37.16 square meters), and which is built on a permanent chassis and 
designed to be used as a dwelling with or without a permanent 
foundation when connected to the required utilities. It is designed and 
constructed for permanent occupancy by a single family and contains 
permanent eating, cooking, sleeping, and sanitary facilities. The 
plumbing, heating, and electrical systems are contained in the 
structure. A permanent foundation is required.
    Market value. The value of the property as determined by a current 
appraisal made in accordance with the Uniform Standards of Professional 
Appraisal Practices.
    Median income. The area median income, adjusted for family size, as 
established by HUD.
    Moderate income. An adjusted income that is greater than the HUD-
established low-income limit, but that does not exceed 115 percent of 
median income adjusted for household size for the county or 
Metropolitan Statistical Area where the property is or will be located.
    Modest housing. A property that is considered modest for the area, 
with a cost that does not exceed the applicable limit established under 
section 203 (b) of the National Housing Act (12 U.S.C. 1709). In 
addition, the property must not be designed for income-producing 
activities or have an in-ground swimming pool.
    Mortgage. A form of security instrument or consensual lien on real 
property including a real estate mortgage and a deed of trust.
    Mortgage Credit Certificates. A credit to reduce the applicant's 
Federal income tax liability, which improves an applicant's repayment 
ability.
    Net family assets. The value of assets available to a household, as 
contained in Sec. 3555.152(d).
    Net recovery value. The amount available to apply to the 
outstanding principal balance after considering the value of the 
security property and other amounts recovered, and deducting the costs 
associated with liquidation, acquisition and sale of the property. Net 
recovery value is calculated differently depending on the type of 
disposition, as contained in Sec. 3555.353.
    New dwelling. A dwelling that is to be constructed, or an already-
existing dwelling that is less than one year old and is not covered by 
an approved ten-year warranty.
    Participant. For the purpose of appeals, a participant is any 
individual or entity that has applied for, or whose right to 
participate in or receive a payment, loan guarantee, or other benefit, 
is affected by an Agency decision and meets the definition of 
``participant'' in Sec. 11.1 of this title.

[[Page 70134]]

    Person with a disability. Any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
including functions such as caring for one's self, performing manual 
tasks, walking, seeing, hearing, speaking, breathing, learning and 
working, has a record of such an impairment, or is regarded as having 
such an impairment.
    PITI ratio. The amount to be paid by the borrower for principal, 
interest, taxes, and insurance (PITI), divided by repayment income. 
This is often known as the ``front-end ratio.''
    Planned Unit Development. For the purpose of this definition, a 
Condominium is not a Planned Unit Development (PUD). A PUD is a 
development that has all of the following characteristics:
    (1) The individual unit owners own a parcel of land improved with a 
dwelling. This ownership is not in common with other unit owners;
    (2) The development is administered by a homeowners association 
that owns and is obligated to maintain property and improvements within 
the development (for example, greenbelts, recreation facilities and 
parking areas) for the common use and benefit of the unit owners; and
    (3) The unit owners have an automatic, nonseverable interest in the 
homeowners association and pay mandatory assessments.
    Prior lien. A lien against the security property that is superior 
in right to the lender's debt instrument.
    Property. The land, dwelling, and related facilities for which the 
applicant will use guaranteed funds.
    Qualified alien. An alien who, at the time the alien applies for, 
receives, or attempts to receive Federal public benefit, in accordance 
with the Immigration and Nationality Act, is:
    (1) An alien who is lawfully admitted for permanent residence;
    (2) An alien who is granted asylum;
    (3) A refugee who is admitted to the United States;
    (4) An alien who is paroled into the United States for a period of 
at least 1 year;
    (5) An alien whose deportation is being withheld; or
    (6) An alien who is granted conditional entry prior to April 1, 
1980.
    Real estate taxes. Taxes and the annual portion of assessments 
estimated to be due and payable on the property.
    Recapture. The amount of interest assistance to be repaid when the 
borrower transfers title or ceases to occupy the property.
    Recipient. Any person or entity that receives benefits or 
assistance under the guaranteed loan program, including a lender that 
receives a loan guarantee, or a borrower who receives a guaranteed loan 
or interest assistance.
    REO. (Real Estate Owned) Real estate that formerly served as 
security for a guaranteed loan and for which the lender holds title.
    Repayment income. Used to determine whether an applicant has the 
ability to make monthly loan payments. Repayment income may include 
amounts excluded for the purpose of determining adjusted income. See 
Sec. 3555.152(a) for a complete description of repayment income.
    Rural area: A rural area is any one of the following:
    (1) Open country which is not part of or associated with an urban 
area.
    (2) Any town, village, city, or place, including the immediately 
adjacent densely settled area, which is not part of or associated with 
an urban area and which:
    (i) Has a population not in excess of 10,000 if it is rural in 
character; or
    (ii) Has a population in excess of 10,000 but not in excess of 
20,000, is not contained within a Metropolitan Statistical Area, and 
has a serious lack of mortgage credit for low-and moderate-income 
households as determined by the Secretary of Agriculture and the 
Secretary of HUD.
    (3) An area classified as a rural area prior to October 1, 1990 
(even if within a Metropolitan Statistical Area), with a population 
exceeding 10,000, but not in excess of 25,000, which is rural in 
character, and has a serious lack of mortgage credit for low-and 
moderate-income families. This is effective through receipt of census 
data for the year 2000.
    Rural Development. A mission area within USDA which includes the 
Rural Housing Service, Rural Utilities Service, and Rural Business-
Cooperative Service.
    Scheduled payment. The monthly installment on a promissory note 
plus escrow payments, as modified by any interest assistance agreement 
or forbearance agreement.
    Secured loan. A loan that is collateralized by property so that in 
the event of a default on the loan, the property may be sold to pay 
down the debt.
    Security instrument. The mortgage or deed of trust that secures the 
promissory note or assumption agreement.
    Security property. All the property that serves as collateral for a 
guaranteed loan.
    Supplemental loan. A guaranteed loan made in conjunction with a 
transfer and assumption to provide funds to complete the transaction.
    Suspension. An action taken under part 3017 of this title or title 
48 of the Code of Federal Regulations to exclude a person or entity 
from participation in Federal programs for a temporary period, pending 
completion of an investigation of wrongdoing.
    Total debt ratio. The amount paid by the borrower for PITI and any 
recurring monthly debt, divided by repayment income. This is often 
known as the ``back-end ratio.''
    Unauthorized assistance. Any guaranteed loan or interest assistance 
for which there was no regulatory or statutory authorization, or for 
which the borrower was not eligible.
    United States citizen. An individual who resides as a citizen in 
any of the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Marianas, the Federated States of 
Micronesia, the Republic of Palau, or the Republic of the Marshall 
Islands.
    USDA. The United States Department of Agriculture.
    VA. The United States Department of Veterans Affairs.
    Value appreciation. The current market value of the property minus 
the balance due prior lienholders (if any), the unpaid balance of the 
debt, unreimbursed closing costs (if any), principal reduction, the 
original equity (if any) of the borrower, and the value added by 
capital improvements.
    Veterans preference. A preference extended to any person applying 
for a loan guarantee under this part who served on active duty and has 
been discharged or released from the active forces on conditions other 
than dishonorable from the United States Army, Navy, Air Force, Marine 
Corps, or Coast Guard. The preference applies to the service person, or 
the family of a deceased serviceperson who died in service before the 
termination of such war or such period or era. The applicable time 
frames are:
    (1) During the period of April 6, 1917, through March 31, 1921;
    (2) During the period of December 7, 1941, through December 31, 
1946;
    (3) During the period of June 27, 1950, through January 31, 1955;
    (4) For a period of more than 180 days, any part of which occurred 
after January 31, 1955, but on or before May 7, 1975; or
    (5) During the period beginning August 2, 1990, and ending the date 
prescribed by Presidential Proclamation or law.

[[Page 70135]]

Secs. 3555.11-3555.50  [Reserved]

Subpart B--Lender Participation


Sec. 3555.51  Lender eligibility.

    To be approved to participate in the Guaranteed Rural Housing Loan 
Program, a lender must meet the requirements described in this section.
    (a) Ability to underwrite and service loans. The lender must have a 
demonstrated ability to underwrite and service single family loans. A 
lender will be considered to have such a demonstrated ability if it 
qualifies as one of the following:
    (1) A State Housing Agency;
    (2) A lender approved as a supervised or nonsupervised mortgagee by 
the HUD with direct endorsement authority for submission of 
applications for Federal Housing Mortgage Insurance;
    (3) A lender approved as a supervised or nonsupervised mortgagee by 
VA with authority to close loans on the automatic basis;
    (4) A lender approved by Fannie Mae for single family loans;
    (5) A lender approved by Freddie Mac for single family loans;
    (6) A Farm Credit System institution that provides documentation of 
its ability to underwrite and service single family loans;
    (7) A lender participating in other Rural Development or Farm 
Service Agency guaranteed loan programs that provides documentation of 
its ability to underwrite and service single family loans; or
    (8) A Federally-supervised lender that provides documentation of 
its ability to underwrite and service single family loans. Acceptable 
sources of supervision include:
    (i) Being a member of the Federal Reserve System;
    (ii) The Federal Deposit Insurance Corporation (FDIC);
    (iii) The National Credit Union Administration (NCUA); or
    (iv) The Office of Thrift Supervision (OTS).
    (b) Program participation requirements. Lenders and their agents 
must comply with the following requirements:
    (1) Keep up to date on, and comply with, all Agency regulations;
    (2) Cooperate fully with Agency reporting and monitoring processes;
    (3) Comply with limitations on loan purposes, loan limitations, 
interest rates, and loan terms;
    (4) Inform the Agency in advance of any sale, transfer, or change 
of servicers of any Agency guaranteed loan;
    (5) Maintain reasonable and prudent business practices;
    (6) Remain responsible for servicing even if servicing has been 
contracted to a third party;
    (7) Use Rural Development, HUD, Fannie Mae, or Freddie Mac forms;
    (8) Maintain eligibility under paragraph (a) of this section;
    (9) Notify the Agency if there are any material changes in 
organization or practices;
    (10) Remain in good standing, and neither debarred nor suspended 
from participation in Federal programs;
    (11) Notify the Agency in the event of bankruptcy or insolvency of 
the lender;
    (12) Remain free from default and delinquency on any debt owed to 
the Federal government;
    (13) Maintain a fidelity and omissions policy consistent with the 
volume of loans originated, and listing the Agency as the loss payee; 
and
    (14) Allow the Agency or any Agency's representative access to the 
lender's records, including on-site reviews of the lender's operation 
and the operations of any agent of the lender, for the purpose of 
verifying compliance with Agency regulations and guidelines.


Sec. 3555.52  Lender approval.

    (a) Initial approval. The lender must apply for and receive 
approval from the Agency to participate in the program.
    (b) Termination of approval. Once approved, the lender will remain 
eligible to participate in the program unless the Agency determines 
that one of the following has occurred.
    (1) Lapse of any eligibility requirement. In the event that a 
lender fails to comply with any of the requirements described in 
Sec. 3555.51, the lender must notify the Agency immediately. The Agency 
will determine whether the change warrants termination of the lender's 
approval.
    (2) Unsatisfactory lender performance or Government convenience. If 
the Agency determines that continued lender approval is not in the best 
interest of the Government, the Agency may terminate the lender's 
approval.
    (3) Voluntary withdrawal. The lender may choose to end 
participation in the program at any time.
    (c) Results of termination of approval or withdrawal from the 
program. If the Agency terminates a lender's approval or the lender 
withdraws from the program, the Agency may:
    (1) Require that the lender transfer servicing of its loans to an 
approved lender; and
    (2) Pursue additional actions including, but not limited to, 
suspension or debarment.


Sec. 3555.53  Contracting for loan origination.

    Lenders may contract with brokers, nonapproved lenders, or other 
loan originators for loan origination services, closing services, or 
both, provided the loan is transferred immediately after closing to the 
approved lender to which the guarantee will be issued. The approved 
lender is responsible for underwriting the loan, obtaining the 
conditional commitment, and ensuring that the loan is properly closed.


Sec. 3555.54  Sale of loans to approved lenders.

    Lenders may sell guaranteed loans only to other Agency approved 
lenders, Fannie Mae, or Freddie Mac. In such a sale, the purchasing 
lender acquires all rights of the selling lender under the loan note 
guarantee, and assumes all of the selling lender's obligations 
contained in any note, security instrument, or loan note guarantee in 
connection with the loan purchased. The purchasing lender will be 
subject to any defenses, claims, or offsets that the Agency would have 
had against the selling lender if the selling lender had continued to 
hold the loan. The lender must notify the Agency immediately upon the 
sale or transfer of servicing of a loan.


Secs. 3555.55-3555.100  [Reserved]

Subpart C--Loan Requirements


Sec. 3555.101  Loan purposes.

    Guaranteed loan funds must be used to acquire a new or existing 
dwelling to be used by the applicant as a principal residence.
    (a) Loan funds may be used for:
    (1) The construction of a new dwelling;
    (2) The cost of acquisition of an existing dwelling;
    (3) The cost of repairs associated with the acquisition of an 
existing dwelling; or
    (4) Acquisition and relocation of an existing dwelling.
    (b) Loan funds also may be used to pay for the following items.
    (1) Reasonable and customary expenses related to obtaining the 
loan, including:
    (i) Legal, architectural, and engineering fees;
    (ii) Title clearance, title insurance, and loan closing costs;
    (iii) Transfer taxes and recordation fees;
    (iv) Appraisal, surveying, environmental, tax monitoring, and 
technical services;
    (v) Reasonable and customary lender fees and charges;

[[Page 70136]]

    (vi) For low-income borrowers only, reasonable and customary loan 
discount points; and
    (vii) Homeownership education, for first-time homebuyers only.
    (2) Special design features or equipment when necessary because of 
a physical disability of the applicant or a member of the household.
    (3) Reasonable connection fees, assessments, or the pro rata 
installment costs for utilities such as water, sewer, electricity and 
gas for which the borrower is responsible.
    (4) The prorated portion of real estate taxes that are due and 
payable on the property at the time of closing and for the 
establishment of escrow accounts for real estate taxes, hazard and 
flood insurance premiums, and related costs.
    (5) Purchase and installation of essential equipment in the 
dwelling, including but not limited to: ranges, refrigerators, washers, 
and dryers.
    (6) Purchase and installation of energy-saving measures.
    (7) Site preparation including grading, foundation plantings, 
seeding or sodding, trees, walks, yard fences, and driveways to a 
building site.
    (8) A supplemental loan to provide funds for seller equity or 
essential repairs when an existing guaranteed loan is assumed 
simultaneously.
    (c) Refinancing is permitted only in the following situations:
    (1) The loan may be used for permanent financing when financing to 
construct a new dwelling, or to improve an existing dwelling, is 
arranged as a part of the loan package.
    (2) In the case of loans for a site without a dwelling, refinancing 
is permitted if:
    (i) The debt to be refinanced was incurred for the sole purpose of 
purchasing the site;
    (ii) The applicant is unable to acquire adequate housing without 
refinancing; and
    (iii) An appropriate dwelling has been constructed on the site.


Sec. 3555.102  Loan restrictions.

    A guarantee will not be issued if loan funds are to be used for:
    (a) Purchase of an existing manufactured home, except as provided 
in Sec. 3555.208(b)(3);
    (b) Purchase or improvement of income-producing land or buildings 
to be used principally for income-producing purposes;
    (c) Loan discount points, except as provided in 
Sec. 3555.101(b)(1)(vi);
    (d) Refinancing, except as provided in Sec. 3555.101(c); or
    (e) Payments on a lease.


Sec. 3555.103  Maximum loan amount.

    The amount of the loan must not exceed the lesser of:
    (a) The maximum dollar limitation provided in section 203(b)(2) of 
the National Housing Act of 1949, (12 U.S.C. 1702); or
    (b) The market value of the property.


Sec. 3555.104  Loan terms.

    (a) Interest rate. The loan must be written at an interest rate 
that is fixed over the term of the loan and shall be negotiated between 
the lender and borrower. In no case may the maximum interest rate 
exceed the maximum rate published by the Agency through a Notice in the 
Federal Register. 
    (b) Repayment period. The loan term will be 30 years.
    (c) Repayment schedule. Amortized payments will be due and payable 
monthly.
    (d) Negative amortization. The loan note must not provide for 
interest on interest.


Sec. 3555.105  Interest assistance.

    Subject to the availability of funds, the Agency may provide 
interest assistance to eligible borrowers.
    (a) Eligibility for interest assistance. (1) Borrowers whose loan 
was approved as a subsidized guaranteed loan between April 17, 1991, 
and September 30, 1991, and executed Form RD 1980-12, ``Master Interest 
Assistance and Shared Equity Agreement With Promissory Note,'' at loan 
closing, are eligible to receive interest assistance if they:
    (i) Have not sold or transferred the property;
    (ii) Occupy the property as a principal residence; and
    (iii) Qualify for at least $20.00 per month interest assistance.
    (2) If a borrower ceases to receive interest assistance, they must 
have an adjusted household income that is at or below the applicable 
low-income limit in order to qualify to receive interest assistance 
again.
    (b) Floor interest rate. The floor interest rate is determined by 
comparing the household's adjusted income to the adjusted median income 
for the area in which the security property is, or will be, located. 
The following chart is used to determine the floor interest rate paid 
by households that receive interest assistance.

                             Percentage of Median Income and the Floor Interest Rate
                                            [Figures are in percents]
----------------------------------------------------------------------------------------------------------------
                 When the adjusted income for the household is--                  Then the floor  High cost area
---------------------------------------------------------------------------------  interest rate  floor interest
           Equal to or more than                        But less than                 is \1\          rate is
----------------------------------------------------------------------------------------------------------------
      0....................................  60% of adjusted median income......               3               3
     60....................................  65% of adjusted median income......               4               3
     65....................................  70% of adjusted median income......               5               4
     70....................................  75% of adjusted median income......               6               5
     75....................................  80% of adjusted median income......               7               6
     80....................................  90% of adjusted median income......               8               7
     90....................................  100% of adjusted median income.....               9               8
    100....................................  110% of adjusted median income.....              10               9
    110....................................  115% of adjusted median income.....              11              10
    115% of adjusted median income..............................................              12              11
----------------------------------------------------------------------------------------------------------------
\1\ Or note rate, whichever is less; in no case will the floor interest rate be less than 3 percent.

    (c) High cost area. (1) A borrower who received a loan in a 
designated high cost area will be granted an additional 1 percent 
interest assistance in order to assist the borrower in obtaining 
financial assistance.
    (2) The change in designation to (or from) a high cost area will 
not affect existing loans.
    (3) A borrower's loan eligibility for high cost designation is 
determined at the time of issuance of the Conditional Commitment for 
the loan guarantee.

[[Page 70137]]

    (d) Annual interest assistance review. (1) The lender must review 
annually each borrower's eligibility for continued interest assistance 
and determine the appropriate level of assistance. As part of renewal 
for interest assistance, borrowers must submit documentation requested 
for the review, and must continue to occupy the property as a principal 
residence.
    (2) If the renewal is not completed before the expiration date of 
the existing agreement, the effective date of the renewal will be 
either the expiration date of the previous agreement if an Agency or 
lender error caused the delay, or the next due date after the renewal 
is approved in all other cases.
    (3) The borrower must notify the lender whenever household income 
increases by $100 or more per month. The household may also report 
decreases in income of $100 or more per month and which may result in 
the borrower being eligible for at least an additional $20 interest 
assistance per month. If the change in the household's income will 
cause the payment for principal and interest to change, the household's 
interest assistance may be adjusted for a new 12-month period. The new 
agreement will be effective on the due date following the date the 
borrower's information is verified by the lender.
    (e) Processing fee. The Agency will pay the lender a fee for each 
Interest Assistance Agreement processed, unless the Interest Assistance 
Agreement was incorrect due to the lender's error.
    (f) Overpayment of interest assistance. When the lender becomes 
aware of circumstances that have resulted in an overpayment of interest 
assistance for any reason, the following actions will be taken:
    (1) The lender must immediately notify the borrower and the Agency;
    (2) The interest assistance agreement will be corrected; and
    (3) A repayment agreement acceptable to the Agency will be reached.
    (g) Cancellation of interest assistance. The lender must notify the 
Agency that the borrower no longer qualifies for interest assistance 
if:
    (1) The borrower ceases to occupy the property;
    (2) The security property is sold or title to the property is 
transferred; or
    (3) The borrower qualifies for interest assistance of less than $20 
per month.
    (h) Assumed loans. Loans which were approved as subsidized 
guaranteed loans between April 17, 1991, and September 30, 1991, and 
are assumed by a new borrower are not eligible for interest assistance 
regardless of the income of the new owner.


Sec. 3555.106  Recapture.

    Borrowers with guaranteed loans may be required to repay interest 
assistance. Amounts to be recaptured are due and payable when the 
borrower transfers title or ceases to occupy the property. If an entity 
other than the Agency provides assistance to a borrower and requires 
recapture, the Agency will collect its recapture amounts prior to 
recapture by the other entity.
    (a) Amount to be recaptured. The maximum amount to be recaptured is 
the lesser of:
    (1) The amount of interest assistance received; or
    (2) 50 percent of the value appreciation.
    (b) Assumed loans. When a loan subject to recapture is assumed, the 
recapture amount must be paid in full by the seller, unless title is 
transferred and the loan is assumed under Sec. 3555.256(d). Under this 
exception, recapture amounts will not be due at the time the loan is 
assumed; however, when the new borrower transfers title or ceases to 
occupy the property, all interest assistance subject to recapture 
before and after the assumption must be paid in full.


Sec. 3555.107  Application for and issuance of the loan guarantee.

    (a) Processing of applications. In general, the Agency will process 
loan guarantee applications in the order that completed applications 
are received.
    (1) When funding is not available, applications will be placed on a 
waiting list, with priority given to applications submitted on behalf 
of first-time homebuyers.
    (2) In the case of applications with equivalent priority status 
that are received on the same day, preference will be given to those 
qualifying for veteran's preference.
    (b) Appraisals. The lender must supply, as part of the application 
package, a current appraisal of the property for which the guarantee is 
requested. Appraisals must be conducted in accordance with the Uniform 
Standards of Professional Appraisal Practices.
    (c) Environmental requirements. The lender will meet all its 
responsibilities in accordance with Sec. 3555.5.
    (d) Issuance of a conditional commitment. The lender must 
demonstrate that all the general loan, applicant, and site requirements 
of this part are met before the Agency will issue a conditional 
commitment.
    (e) Loan guarantee fee. The lender must pay a fee of up to 1 
percent of the loan amount, the cost of which may be passed on to the 
borrower. Once the guarantee has been issued, the fee will not be 
refunded.
    (f) Proper closing. The lender must ensure that any loan to be 
guaranteed is properly closed using documents acceptable to the Agency.
    (g) Issuance of the guarantee. The loan guarantee does not take 
effect until:
    (1) The lender transmits the required guarantee fee in accordance 
with Sec. 3555.107(e), the lender certification form provided by the 
Agency, and loan closing documents to the Agency;
    (2) Any construction or rehabilitation, except exterior development 
as described in Sec. 3555.202(d) is complete; and
    (3) The Agency issues the loan guarantee document.


Secs. 3555.108-3555.150  [Reserved]

Subpart D--Underwriting the Applicant


Sec. 3555.151  Eligibility requirements.

    (a) Income eligibility. At the time of loan approval, the 
household's adjusted income must not exceed the applicable moderate-
income limit for the area.
    (b) Citizenship status. Applicants must be United States citizens 
or qualified aliens, as defined in Sec. 3555.10.
    (c) Principal residence. Applicants must agree to and have the 
ability to occupy the dwelling as a principal residence on a permanent 
basis. The Agency will not guarantee loans for temporary housing.
    (d) Eligibility of current homeowners. Current homeowners are 
eligible for guaranteed loans: Provided, that by closing of the 
guaranteed loan, they do not own nor are they financially responsible 
for another home or other real property.
    (e) Legal capacity. Applicants must have the legal capacity to 
incur the loan obligation, or have a court-appointed guardian or 
conservator who is empowered to obligate the applicant in real estate 
matters.
    (f) Suspension or debarment. Applicants who are suspended or 
debarred from participation in Federal programs under part 3017 of this 
title or title 48 of the Code of Federal Regulations are not eligible 
for loan guarantees.
    (g) Repayment ability. Applicants must demonstrate adequate 
repayment ability.
    (1) An applicant is considered to have adequate repayment ability 
when the monthly amount required for payment of principal, interest, 
taxes, and insurance (PITI) does not exceed 29 percent of the 
applicant's repayment income, and the monthly amount required to pay 
PITI plus recurring

[[Page 70138]]

monthly debts does not exceed 41 percent of the applicant's repayment 
income.
    (2) Repayment ratios may exceed the percentages specified in 
paragraph (g)(1) of this section if the lender determines that 
compensating factors demonstrate that the household has a higher 
repayment ability and the lender obtains Agency approval.
    (3) If an applicant does not meet the repayment ability 
requirements, the applicant can increase repayment ability by having 
other household members join the application.
    (4) Mortgage Credit Certificates may be considered in determining 
an applicant's repayment ability.
    (5) A funded buydown account may be used to improve repayment 
ability when all of the following requirements are met.
    (i) The interest rate must be bought down to no more than 2 
percentage points below the note rate.
    (ii) The interest rate paid by the borrower must increase to the 
note rate within 2 years of loan closing, with an increase of no more 
than 1 percentage point annually.
    (iii) Funds must be placed in an escrow account with monthly 
releases scheduled directly to the lender.
    (iv) Funds must be placed with a Federally-or state-regulated 
lender.
    (v) The escrow account must be fully funded for the buydown period.
    (vi) The borrower is not permitted to fund the escrow account and 
must not be required to repay the funds.
    (h) Credit qualifications. Applicants must meet the following 
credit qualifications:
    (1) Applicants must have a credit history that indicates reasonable 
ability and willingness to meet debt obligations. Indicators of 
unacceptable credit include:
    (i) An outstanding judgment obtained by the United States in a 
Federal court, other than the United States Tax Court;
    (ii) A delinquent Federal debt;
    (iii) Three or more debt payments more than 30 days late within the 
last 12 months;
    (iv) A foreclosure which has been completed within the last 36 
months;
    (v) An outstanding Internal Revenue Service (IRS) tax lien or any 
other outstanding tax liens with no satisfactory arrangement for 
payment;
    (vi) A court-created or court-affirmed obligation or judgment 
caused by nonpayment that is currently outstanding or has been 
outstanding within the last 12 months, except for those excluded in 
paragraph (h)(2) of this section;
    (vii) Two or more rent payments paid 30 or more days late within 
the last two years. If the applicant has experienced no other credit 
problems in the past 2 years, only 1 year of rent history will be 
evaluated. Rent payment history requirements may be waived by the 
lender if the guaranteed loan will reduce shelter costs significantly 
and contribute to an improved repayment ability;
    (viii) Outstanding collection accounts with a record of irregular 
payment with no satisfactory arrangements for repayment, or collection 
accounts that were paid in full within the last 6 months;
    (ix) Non-Agency debts written off within the last 36 months unless 
paid in full at least 12 months ago; and
    (x) Agency debts that were debt settled within the last 36 months, 
or are being considered for debt settlement.
    (2) The following will not be considered indicators of unacceptable 
credit:
    (i) A bankruptcy in which debts were discharged more than 36 months 
prior to the date of application or where an applicant successfully 
completed a bankruptcy debt restructuring plan and has demonstrated a 
willingness to meet obligations when due for the 12 months prior to the 
date of application; and
    (ii) A judgment satisfied more than 12 months before the date of 
application.
    (3) The lender may consider mitigating circumstances to establish 
the borrower's intent for good credit (except when an applicant is 
delinquent on a Federal debt or has an outstanding judgment obtained by 
the United States in a Federal Court, other than the United States Tax 
Court) when the applicant provides documentation that:
    (i) The circumstances were of a temporary nature and have been 
removed; or
    (ii) The loan will significantly reduce the applicant's shelter 
costs, which will result in enhanced debt repayment ability.
    (i) Homeownership education. The lender must ensure that borrowers 
who are first-time homebuyers, prior to loan closing, obtain education 
that adequately prepares them for the obligations of homeownership.


Sec. 3555.152  Calculation of income and assets.

    (a) Repayment income. Repayment income is the annual amount of 
adequate and dependable income from all sources that those household 
members who are parties to the promissory note are expected to receive, 
except for any student financial aid received by household members for 
tuition, fees, books, equipment, materials, and transportation. 
Repayment income is used to determine the applicant's ability to repay 
a loan.
    (b) Annual income. Annual income is the income of all household 
members from all sources, including, but not limited to, net family 
assets as defined in paragraph (d) of this section except for the 
following:
    (1) Earned income of persons under the age of 18 unless they are an 
applicant or a spouse of a member of the household;
    (2) Payments received for the care of foster children or foster 
adults;
    (3) Amounts granted for, or in reimbursement of, the cost of 
medical expenses;
    (4) Earnings of each full-time student 18 years of age or older, 
except the head of household or spouse, that are in excess of any 
amount determined pursuant to 24 CFR 5.609(c);
    (5) Temporary, nonrecurring, or sporadic income (including gifts);
    (6) Lump sum additions to family assets such as inheritances; 
capital gains; insurance payments under health, accident, or worker's 
compensation policies; settlements for personal or property losses; and 
deferred periodic payments of supplemental security income and Social 
Security benefits received in a lump sum;
    (7) Any earned income tax credit;
    (8) Adoption assistance in excess of any amount determined pursuant 
to 24 CFR 5.609(c);
    (9) Amounts received by the family in the form of refunds or 
rebates under State or local law for property taxes paid on the 
dwelling;
    (10) Amounts paid by a State agency to a family with a 
developmentally disabled family member living at home to offset the 
cost of services and equipment needed to keep the developmentally 
disabled family member at home;
    (11) The full amount of any student financial aid; and
    (12) Any other revenue exempted by a Federal statute, a list of 
which is available from any Rural Development office.
    (c) Adjusted income. Adjusted income is used to determine program 
eligibility and the amount of payment subsidy, if any, for which the 
household qualifies. Adjusted income is annual income as defined in 
paragraph (b) of this section, less any of the following deductions for 
which the household is eligible.
    (1) A reduction for each family member, except the head of 
household or spouse, who is under 18 years of age, 18 years of age or 
older with a disability, or a full-time student, the amount of which 
will be determined pursuant to 24 CFR 5.611.

[[Page 70139]]

    (2) A deduction of reasonable expenses for the care of a child 12 
years of age or under that:
    (i) Enables a family member to work, to actively seek work, or to 
further a member's education;
    (ii) Are not reimbursed or paid by another source; and
    (iii) In the case of expenses to enable a family member to work, do 
not exceed the amount of income, including the value of any health 
benefits, earned by the family member enabled to work.
    (3) A deduction of reasonable expenses related to the care of 
household members with disabilities that:
    (i) Enable a family member to work, to actively seek work, or to 
further a member's education;
    (ii) Are not reimbursed from insurance or another source; and
    (iii) Are in excess of 3 percent of the household's annual income.
    (4) For any elderly family, a deduction in the amount determined 
pursuant to 24 CFR 5.611.
    (5) For elderly and disabled families only, a deduction for 
household medical expenses that are not reimbursed from insurance or 
another source and which, in combination with any expenses related to 
the care of household members with disabilities described in paragraph 
(c)(3) of this section, are in excess of 3 percent of the household's 
annual income.
    (d) Net family assets. Income from net family assets must be 
included in the calculation of annual income.
    (1) Net family assets include the cash value of:
    (i) Equity in real property, other than the dwelling or site;
    (ii) Cash on hand and funds in savings or checking accounts;
    (iii) Amounts in trust accounts that are available to the 
household;
    (iv) Stocks, bonds, and other forms of capital investments that are 
accessible to the applicant without retiring or terminating employment;
    (v) Lump sum receipts such as lottery winnings, capital gains, and 
inheritances;
    (vi) Personal property held as an investment; and
    (vii) Any value, in excess of the consideration received, for any 
business or household assets disposed of for less than fair market 
value during the 2 years preceding the income determination. The value 
of assets disposed of for less than fair market value shall not be 
considered if they were disposed of as a result of foreclosure, 
bankruptcy, or a divorce or separation settlement.
    (2) Net family assets do not include:
    (i) Interest in American Indian restricted land;
    (ii) Cash on hand which will be used to reduce the amount of the 
loan;
    (iii) The value of necessary items of personal property;
    (iv) Assets that are part of the business, trade, or farming 
operation of any member of the household who is actively engaged in 
such operation;
    (v) Amounts in voluntary retirement plans such as individual 
retirement accounts (IRAs), 401(k) plans, and Keogh accounts (except at 
the time interest assistance is initially granted); and
    (vi) The value of an irrevocable trust fund or any other trust over 
which no member of the household has control.


Secs. 3555.153-3555.200  [Reserved]

Subpart E--Underwriting the Property


Sec. 3555.201  Site requirements.

    (a) Rural areas. The Agency will only guarantee loans made in rural 
areas designated by the Agency. However, if a rural area designation is 
changed to nonrural:
    (1) Existing conditional commitments in the former rural area will 
be honored; and
    (2) A supplemental loan may be made in conjunction with a transfer 
and assumption of a guaranteed loan.
    (b) Site standards. Sites must be developed in accordance with any 
standards imposed by a State or local government and must meet all of 
the following requirements.
    (1) The value of the site, excluding the dwelling and any 
outbuildings, must not exceed 30 percent of the market value of the 
property, except that if the value of the site is typical for the area 
and the site is not large enough to subdivide into more than one site 
under existing zoning ordinances, the 30 percent limitation may be 
exceeded.
    (2) The site must not include farm service buildings, but small 
outbuildings such as a storage shed may be included.
    (3) The site must be contiguous to and have direct access from a 
street, road, or driveway. Streets and roads must be hard surfaced or 
all-weather surfaced and arrangements must be in place to ensure that 
needed maintenance will be provided.
    (4) The site must be supported by adequate utilities and water and 
wastewater disposal systems.


Sec. 3555.202  Dwelling requirements.

    (a) Modest dwelling. Dwellings financed with a guaranteed loan must 
be considered modest housing for the area as defined in Sec. 3555.10.
    (b) New dwellings. New dwellings must meet the thermal standards 
and be constructed in accordance with certified plans and 
specifications as described in part 1924, subpart A, of this title. To 
ensure acceptable construction quality, the lender must obtain:
    (1) Documentation of acceptable construction quality and evidence 
of a 1-year builder's warranty; or
    (2) A final inspection report and evidence of a 10-year builder's 
warranty.
    (c) Existing dwellings. Existing dwellings must:
    (1) Be structurally sound;
    (2) Be functionally adequate;
    (3) Be in good repair, or to be placed in good repair with loan 
funds;
    (4) Have adequate and safe electrical, heating, plumbing, water, 
and wastewater disposal systems;
    (5) Be free of termites and other wood damaging pests and 
organisms; and
    (6) Meet the thermal standards specified in part 1924, subpart A of 
this title.
    (d) Escrow account for exterior development. If a dwelling is 
complete with the exception of exterior development work, the Agency 
may guarantee the loan if the following conditions are met:
    (1) The exterior cannot be completed immediately because of weather 
conditions;
    (2) All unfinished work will be completed within 120 calendar days 
of loan closing;
    (3) The unfinished work will not affect habitability; and
    (4) The lender establishes an escrow account at closing funded at 
150 percent of the estimated completion cost of the remaining work.


Sec. 3555.203  Ownership requirements.

    After the loan is closed, the borrower must have an acceptable 
ownership interest in the property as evidenced by one of the 
following:
    (a) Fee-simple ownership. Acceptable fee-simple ownership is 
evidenced by a fully marketable title with a deed vesting a fee-simple 
interest in the property to the borrower.
    (b) Secure leasehold interest. Loans may be guaranteed on leasehold 
properties if the lender determines that the following conditions are 
met:
    (1) The applicant is unable to obtain fee simple title to the 
property;
    (2) Such leaseholds are fully marketable in the area, except in the 
case of properties located on American Indian restricted land; and
    (3) The lease has an unexpired term of at least 45 years from the 
date of loan closing, except in the case of properties located on 
American Indian restricted land where the lease must have an

[[Page 70140]]

unexpired term at least equal to the term of the loan.


Sec. 3555.204  Security requirements.

    The Agency will only guarantee loans that are adequately secured. A 
loan will be considered adequately secured only when all of the 
following requirements are met:
    (a) The lender obtains, at closing, a mortgage on all required 
ownership and leasehold interests in the security property and ensures 
that the loan is properly closed;
    (b) No liens prior to the guaranteed mortgage exist except in 
conjunction with a supplemental loan for transfer and assumption;
    (c) Existing and proposed property improvements are completely on 
the site and do not encroach on adjoining property; and
    (d) All collateral secures the entire loan.


Sec. 3555.205  Special requirements for condominiums.

    Loans may be guaranteed for condominium units that meet all of the 
requirements of this part and the unit is in a project approved or 
accepted by HUD, Fannie Mae, VA, or Freddie Mac.


Sec. 3555.206  Special requirements for community land trusts.

    Loans may be guaranteed for dwellings on land owned by a community 
land trust if all the requirements of this part are met, and any 
restrictions imposed by the community land trust on the property or 
applicant:
    (a) Are reviewed and accepted by the Agency before loan closing; 
and
    (b) Automatically and permanently terminate upon foreclosure or 
acceptance by the lender of a deed in lieu of foreclosure.


Sec. 3555.207  Special requirements for Planned Unit Developments.

    Loans may be guaranteed for PUDs that meet all of the requirements 
of this part, as well as the criteria for PUDs established by HUD, VA, 
Fannie Mae, or Freddie Mac.


Sec. 3555.208  Special requirements for manufactured homes.

    Loans may be guaranteed for manufactured homes if all of the 
requirements of this part are met.
    (a) Eligible costs. In addition to the loan purposes described in 
Sec. 3555.101, the Agency may guarantee a loan used for the following 
purposes related to manufactured homes when a real estate mortgage 
covers both the unit and the site:
    (1) Purchase of a new manufactured home meeting the requirements of 
manufactured housing in Sec. 3555.10, transportation, permanent 
foundation, and set-up costs of the manufactured home, and purchase of 
an eligible site if not already owned by the applicant; and
    (2) Site development work in accordance with part 1924, subpart A 
of this title.
    (b) Loan restrictions. In addition to the loan restrictions 
contained in Sec. 3555.102, the following loan restrictions also will 
apply.
    (1) A loan will not be guaranteed if it is used to purchase a site 
without also financing a new unit.
    (2) A loan will not be guaranteed if it is used to purchase 
furniture, including but not limited to: movable articles of personal 
property such as drapes, beds, bedding, chairs, sofas, divans, lamps, 
tables, televisions, radios, and stereo sets. Furniture does not 
include wall-to-wall carpeting, refrigerators, ovens, ranges, washing 
machines, clothes dryers, heating or cooling equipment, or other 
similar items.
    (3) A loan will not be guaranteed to purchase an existing 
manufactured home and site unless:
    (i) The unit and site are already financed with an Agency direct 
single family or guaranteed loan;
    (ii) The unit and site are being sold from the Agency's inventory; 
or
    (iii) The unit and site are being sold from the lender's inventory, 
and the loan for which the unit and site served as security was a loan 
guaranteed by the Agency.
    (c) Dealer-contractors. No loans will be guaranteed on a 
manufactured home sold by any entity that is not an Agency-approved 
dealer-contractor that will provide complete sales, service, and site 
development services.
    (d) Construction and development. Unit construction must conform to 
the Federal Manufactured Home Construction and Safety Standards 
(FMHCSS) and the Agency's thermal standards in accordance with part 
1924, subpart A of this title. The site development and set-up also 
must conform with that subpart and the manufacturer's requirements for 
a permanent installation.
    (e) Warranty requirements. The dealer-contractor must provide a 
warranty in accordance with the provisions part 1924, subpart A of this 
title. The warranty must identify the unit by serial number. The 
dealer-contractor must certify that the manufactured home has sustained 
no hidden damage during transportation and, if manufactured in separate 
sections, that the sections were properly joined and sealed according 
to the manufacturer's specifications. The data plate, affixed to the 
inside of the unit, and the certification label, affixed to each 
transportable section at the tail-light end of each unit, indicates 
that the manufactured home substantially conforms with the plans and 
specifications. The dealer-contractor also must furnish the applicant 
with a copy of all manufacturer's warranties.


Secs. 3555.209-3555.250  [Reserved]

Subpart F--Regular Servicing


Sec. 3555.251  Servicing responsibility.

    (a) Lenders must perform those servicing actions that a reasonable 
and prudent lender would perform in servicing its own portfolio of 
unguaranteed loans.
    (b) The Agency may require a lender to transfer its loan servicing 
activities to an approved lender if the lender fails to provide 
acceptable servicing.
    (c) A lender may choose to contract with a third party to service 
its loans, but remains responsible for the quality of the servicing.


Sec. 3555.252  Required servicing actions.

    Lender servicing responsibility includes, but is not limited to, 
the following actions.
    (a) Collecting regularly scheduled payments. Lender must collect 
regularly scheduled loan payments and apply them to the borrower's 
account.
    (b) Payment of taxes and insurance. Lenders must ensure that real 
estate taxes, assessments, and flood and hazard insurance premiums for 
all property that secures a guaranteed loan are paid on schedule.
    (1) Establish escrow account. Lenders with the capacity to escrow 
funds must establish escrow accounts for all guaranteed loans for the 
payment of taxes and insurance. Escrow accounts must be administered in 
accordance with the Real Estate Settlement and Procedures Act (RESPA) 
of 1974, and insured by the Federal Deposit Insurance Corporation 
(FDIC).
    (2) Plan and responsibility of lender to ensure payment. Lenders 
that do not have the capacity to escrow funds must obtain Agency 
approval of a plan for ensuring that the borrower pays such obligations 
on a timely basis. In addition, such lenders must accept the 
responsibility for payment of taxes and insurance that come due prior 
to liquidation. The Agency will not include any taxes or insurance 
amounts that accrued prior to acceleration in any potential loss claim.
    (c) Insurance. (1) Until the loan is paid in full, lenders must 
ensure that borrowers maintain hazard and flood

[[Page 70141]]

insurance on property securing guaranteed loans. The insurance must be 
issued by companies, in amounts, and on terms and conditions acceptable 
to the Agency. Flood insurance through the National Flood Insurance 
Program must be maintained for all property located in special flood or 
mud slide areas identified by FEMA and must be consistent with part 
1806, subpart B of this title.
    (2) Lenders must ensure that borrowers immediately notify them of 
any loss or damage to insured property and collect the amount of the 
loss from the insurance company. Unless the borrower pays off the 
guaranteed loan using the insurance proceeds, the following 
requirements must be met.
    (i) All repairs and replacements must be planned, performed, and 
inspected in accordance with Agency construction requirements.
    (ii) When insurance funds remain after payments for all repairs, 
replacements, and other authorized disbursements have been made, the 
funds must be applied in the following order: prior liens (including 
past-due property taxes); past-due amounts; protective advances; and 
released to the borrower if the lender's debt is adequately secured.
    (d) Credit reporting. The lender must notify a credit repository of 
each new guaranteed loan, and must report to that repository whenever 
any account becomes more than 30 calendar days past due.


Sec. 3555.253  Late payment charges.

    Late payment charges will not be covered by the guarantee and 
cannot be added to the principal and interest due under any guaranteed 
note.
    (a) Maximum amount. The late payment charge must be reasonable and 
customary for the area.
    (b) Loans with interest assistance. The lender must not charge a 
late fee if the only unpaid portion of the borrower's scheduled payment 
is interest assistance owed by the Agency.


Sec. 3555.254  Final payments.

    Lenders may release security instruments only after full payment of 
all amounts owed, including recapture, has been received and verified.


Sec. 3555.255  Borrower actions requiring lender approval.

    (a) Mineral leases. A lender may consent to the lease of mineral 
rights and subordinate its lien to the lessee's rights and interests in 
the mineral activity if the security property will remain suitable as a 
residence, the lender's security interest will not be adversely 
affected, and the environmental requirements of part 1940, subpart G, 
of this title are met. Subordination of guaranteed loans to a mineral 
lease does not entitle the leaseholder to any proceeds from the sale of 
the security property.
    (1) If the proposed activity is likely to decrease the value of the 
security property, the lender may consent to the lease only if the 
borrower assigns 100 percent of the income from the lease to the lender 
to be applied to reduce principal, and the total rent to be paid is at 
least equal to the estimated decrease in the market value of the 
security property.
    (2) If the proposed activity is not likely to decrease the value of 
the security property, the lender may consent to the lease if the 
borrower agrees to use any damage compensation received from the lessee 
to repair damage to the site or dwelling, or to assign it to the lender 
to be applied to reduce principal.
    (b) Partial release of security property. A lender may consent to 
transactions affecting a security property, such as selling or 
exchanging security property or granting of a right-of-way across the 
security property, and grant a partial release, provided that the 
following conditions are met.
    (1) The borrower will receive adequate compensation.
    (i) For sale of security property, the borrower must receive cash 
in an amount equal to or greater than the value of the security 
property being sold or interests being conveyed.
    (ii) For exchange of security property, the borrower must receive 
another parcel of property with value equal to or greater than that 
being disposed of.
    (iii) For granting an easement or right-of-way, the borrower must 
receive benefits that are equal to or greater than the value of the 
security property being disposed of or interests being conveyed.
    (2) An appraisal will be conducted if the most current appraisal is 
more than 1 year old or if it does not reflect current market value.
    (3) The security property, after the transaction is completed, will 
be an adequate but modest, decent, safe, and sanitary dwelling.
    (4) Repayment of the guaranteed debt will not be jeopardized.
    (5) When exchange of all or part of the security property is 
involved, title clearance will be obtained before release of the 
existing security.
    (6) Proceeds from the sale of a portion of the security property, 
granting an easement or right-of-way, damage compensation, and all 
similar transactions requiring the lender's consent, will be used in 
the following order:
    (i) To pay customary and reasonable costs related to the 
transaction that must be paid by the borrower.
    (ii) To be applied on a prior lien debt, if any.
    (iii) To be applied to the guaranteed indebtedness or used for 
improvements to the security property consistent with the purposes and 
limitations applicable for use of guaranteed loan funds. Proposed 
development will be planned and performed in accordance with Agency 
standards and supervised by the lender to ensure that the proceeds are 
used as planned.
    (7) The Agency determines that the environmental requirements of 
part 1940, subpart G of this title are met.


Sec. 3555.256  Transfer and assumptions.

    This section addresses requirements imposed upon the lender for 
notifying the Agency of a borrower's intent to transfer title to a 
security property, and if title is transferred, under what conditions 
the Agency will continue to honor the guarantee.
    (a) Transfer without assumption. (1) The lender must notify the 
Agency if the borrower transfers the security property and the 
transferee does not assume the debt.
    (2) Except as described in paragraph (d) of this section, the 
Agency will withdraw the guarantee if a security property is 
transferred with the lender's knowledge without assumption of the debt.
    (b) Transfer with assumption. (1) The lender must obtain Agency 
approval before consenting to a transfer with an assumption of the 
outstanding debt.
    (2) The Agency may approve a transfer with an assumption of the 
outstanding debt if the following conditions are met.
    (i) The transferee must assume the entire outstanding debt and 
acquire all property securing the guaranteed loan balance; however, the 
transferor must remain personally liable.
    (ii) The transferee must meet the eligibility requirements 
described in subpart D of this part.
    (iii) The property generally must meet the site and dwelling 
requirements described in subpart E of this part, or be brought to 
those standards. Guaranteed loans secured by properties located in 
areas that have ceased to be rural may be assumed, however, 
notwithstanding the fact that the property is located in a nonrural 
area.
    (iv) The priority of the existing lien securing the guaranteed loan 
must be maintained or improved.
    (v) Any new rates and terms must not exceed the rates and terms 
allowed for

[[Page 70142]]

new loans under this part, and the interest rate must not exceed the 
interest rate on the initial loan.
    (vi) The transferor must pay any recapture owed at the time of the 
transfer and assumption.
    (vii) A new guarantee fee, calculated based on the remaining 
principal balance, must be paid to the Agency in accordance with 
Sec. 3555.107(e).
    (viii) If additional financing is required to complete the transfer 
and assumption or to make needed repairs, the Agency may approve a 
supplemental guaranteed loan provided adequate security exists.
    (c) Transfer without approval. If a lender becomes aware that a 
borrower has transferred a property without the lender's knowledge, the 
lender must take one of the following actions:
    (1) Notify the Agency and continue the loan without the guarantee;
    (2) Obtain Agency approval for the transfer with assumption; or
    (3) Liquidate the guaranteed loan and submit a claim for any loss.
    (d) Transfer without triggering the due-on-sale clause. (1) Due-on-
sale clauses in security instruments are not triggered by the following 
types of transfers:
    (i) A transfer from the borrower to a spouse or children not 
resulting from the death of the borrower;
    (ii) A transfer to a relative, joint tenant, or tenant by the 
entirety resulting from the death of the borrower;
    (iii) A transfer to a spouse or ex-spouse resulting from a divorce 
decree, legal separation agreement, or property settlement agreement;
    (iv) A transfer to a person other than a deceased borrower's spouse 
who wishes to assume the loan for the benefit of persons who were 
dependent on the deceased borrower at the time of death, if the 
dwelling will be occupied by one or more persons who were dependent on 
the borrower at the time of death, and there is a reasonable prospect 
of repayment; or
    (v) A transfer into an inter vivos trust in which the borrower does 
not transfer rights of occupancy in the property.
    (2) When a transferee obtains a property with a guaranteed loan 
through a transfer that does not trigger the due-on-sale clause:
    (i) The lender will notify the Agency of the transfer;
    (ii) The Agency will continue with the guarantee, whether or not 
the transferee assumes the guaranteed loan;
    (iii) The transferee may assume the guaranteed loan on the rates 
and terms contained in the promissory note. If the account is past due 
at the time an assumption agreement is executed, the loan may be 
reamortized to bring the account current;
    (iv) The transferee may assume the guaranteed loan under new rates 
and terms if the transferee applies and is eligible; and
    (v) The transferee may receive interest assistance if eligible in 
accordance with Sec. 3555.105.
    (3) Any subsequent transfer of title, except upon death of the 
inheritor or between inheritors to consolidate title, will trigger the 
due-on-sale clause.


Sec. 3555.257  Unauthorized assistance.

    (a) Unauthorized assistance due to false information.
    (1) If the borrower receives a guaranteed loan based on false 
information provided by the borrower, the Agency may require the lender 
to accelerate the guaranteed loan. If the lender fails to accelerate 
the loan upon request, the Agency may withdraw the guarantee.
    (2) If the borrower receives a guaranteed loan based on false 
information provided by the lender, the Agency may withdraw the 
guarantee, and may withdraw the lender's approval to participate in the 
program.
    (3) If, based on false information provided by either the lender or 
the borrower, the borrower receives interest assistance above the 
amount to which the borrower was entitled, the lender must require the 
borrower to repay the unauthorized amount within 30 calendar days. If 
the borrower repays the excess interest assistance, the guaranteed loan 
may be continued. If the false information was not provided by the 
borrower, and if the borrower cannot repay the excess amount within 30 
calendar days, the account can be reamortized to include the excess 
interest assistance.
    (4) If the borrower or lender provides false information, the 
Agency may, in addition to criminal and civil false claim actions, 
pursue suspension or debarment.
    (b) Unauthorized assistance due to inaccurate information. (1) 
Inaccurate information is incorrect information inadvertently provided, 
used, or omitted without the intent to obtain benefits for which the 
recipient was not eligible.
    (2) The Agency will continue to honor a guarantee for a loan made 
to an applicant who receives a guaranteed loan based on inaccurate 
information if the applicant was eligible to receive the guaranteed 
loan at the time it was made, and if the loan funds were used only for 
eligible loan purposes.
    (3) If, based on inaccurate information, the borrower receives 
interest assistance above the amount to which the borrower was 
entitled, the lender must require the borrower to repay it within 30 
calendar days. If the borrower cannot repay the excess amount within 30 
calendar days, the lender may enter into a forbearance agreement with 
the borrower, or reamortize the guaranteed loan. If the borrower 
arranges to repay the interest assistance, the Agency will continue to 
honor the guarantee.


Secs. 3555.258-3555.300  [Reserved]

Subpart G--Servicing Accounts With Repayment Problems


Sec. 3555.301  General policy.

    Lenders must make reasonable efforts to resolve any repayment 
problems and provide borrowers with the maximum opportunity to become 
successful homeowners. The lender may use the servicing options 
described in this subpart if a borrower is having difficulty keeping an 
account current.


Sec. 3555.302  Forbearance.

    Lenders may offer borrowers the opportunity to avoid liquidation by 
entering into a forbearance agreement that specifies a reasonable plan 
for bringing the account current.


Sec. 3555.303  Protective advances.

    Lenders may pay for the following expenses necessary to protect the 
security property and charge the cost against the borrower's account.
    (a) Advances for taxes and insurance. Lenders may advance funds to 
pay past due real estate taxes, hazard and flood insurance premiums, 
and other related costs.
    (b) Advances for costs other than taxes and insurance. Protective 
advances for costs other than taxes and insurance, such as emergency 
repairs, can be made only if the borrower cannot obtain an additional 
loan or reimbursement from an insurer, or the borrower has abandoned 
the property.


Sec. 3555.304  Reamortization.

    (a) Situations with false information provided by the borrower. If 
a borrower has received unauthorized assistance only due to false 
information provided by the borrower, reamortization is not permitted.
    (b) All other situations. If the borrower has not provided false 
information, the lender may bring a borrower's account current by 
reamortizing the guaranteed loan at the promissory note interest rate 
if:
    (1) The lender can demonstrate that there is a reasonable 
possibility that the borrower will be able to repay the loan after 
reamortization;

[[Page 70143]]

    (2) Reamortization is required to enable the borrower to meet 
scheduled obligations;
    (3) The lender's lien priority will not be adversely affected; and
    (4) The loan term after reamortization does not exceed the 
remaining term of the loan before reamortization.
    (c) Loan guarantee amount. The amount of the loan guarantee is not 
changed by reamortization.


Sec. 3555.305  Liquidation.

    (a) Policy. When a lender determines that a borrower is unable or 
unwilling to meet loan obligations, the lender may accelerate the 
guaranteed loan and, if necessary, foreclose. The lender must 
accelerate the guaranteed loan when the account is three scheduled 
payments past due unless there is a reasonable prospect of resolving 
the delinquency through another method. The borrower is responsible for 
all expenses associated with liquidation and acquisition.
    (b) Acceleration and foreclosure. The lender must initiate 
foreclosure within 90 calendar days of the decision to liquidate unless 
Federal, State, or local law requires that foreclosure action be 
delayed. In such a case, foreclosure must be initiated within 60 
calendar days after acceleration becomes possible.
    (c) Reinstatement of accounts. Unless State law imposes other 
requirements, the lender may reinstate an accelerated account only if 
the borrower:
    (1) Pays in a lump sum all past-due amounts, any protective 
advances, and any foreclosure-related costs incurred by the lender; and
    (2) Has the ability to continue making scheduled payments on the 
guaranteed loan.
    (d) Bankruptcy. (1) When a petition in bankruptcy is filed by a 
borrower after acceleration, the lender must suspend collection and 
foreclosure actions in accordance with title 11 of the United States 
Code (title 11).
    (2) The lender may accept conveyance of security property by the 
trustee in the bankruptcy, or the borrower, if the bankruptcy court has 
approved the transaction, and the lender will acquire title free of all 
liens and encumbrances except the lender's liens.
    (3) Whenever possible after the borrower has filed for protection 
under Chapter 7 of title 11, a reaffirmation agreement will be signed 
by the borrower and approved by the bankruptcy court prior to 
discharge, if the lender and the borrower decide to continue.
    (e) Voluntary liquidation. A borrower may voluntarily liquidate the 
security property using any of the following methods.
    (1) Refinancing or sale. The borrower may refinance or sell the 
security property for a price that reflects at least the property's 
estimated market value. The sale proceeds, less any reasonable and 
customary sale or closing costs incurred by the borrower, must be 
applied to the borrower's account.
    (2) Deed in lieu of foreclosure. The lender may accept a deed in 
lieu of foreclosure unless the lender's anticipated costs for selling 
the property, including any costs required to make the property 
marketable, exceed the property's estimated market value.
    (3) Offer by junior lienholder. If a junior lienholder makes an 
offer in the amount of at least the anticipated net recovery value, as 
calculated in accordance with Sec. 3555.353, the lender may assign the 
note and mortgage to the junior lienholder.
    (f) Maintain condition of security property. The lender must make 
reasonable and prudent efforts to ensure that the condition of the 
security property is maintained during any liquidation, acquisition, 
and sale of the property.
    (g) Interest assistance. If the borrower is receiving interest 
assistance, the interest assistance agreement will be canceled when the 
borrower transfers title or ceases to occupy the property.
    (h) Debt settlement reporting. The lender must report to the IRS 
and credit reporting agencies any debt settled through liquidation.


Secs. 3555.306-3555.350  [Reserved]

Subpart H--Collecting on the Guarantee


Sec. 3555.351  Loan guarantee limits.

    (a) The maximum loss payment under the guaranteed loan program is 
the lesser of:
    (1) Any loss sustained by the lender of an amount equal to 90 
percent of the principal amount actually advanced to the borrower; or
    (2) For the first portion of the loss, up to 35 percent of the 
principal actually advanced, the Agency will pay 100 percent of the 
loss. For any remaining loss, up to 65 percent of the principal 
actually advanced, the Agency will pay 85 percent of the loss.
    (b) For purposes of this section, the ``principal amount actually 
advanced'' means the total amount of the loan as indicated by the 
promissory note, less any loan funds not actually disbursed to the 
borrower or on behalf of the borrower.


Sec. 3555.352  Loss covered by the guarantee.

    When a loan is liquidated, the Agency will reimburse the lender for 
the difference between the guaranteed loss incurred by the lender and 
the net recovery value of the property up to the guarantee limit. 
Guaranteed losses may include the following:
    (a) Principal and interest, as evidenced by the guaranteed loan 
note;
    (b) Additional interest accrued from the start of liquidation to 
the date of final loss settlement; and
    (c) Any principal and interest indebtedness on protective advances, 
as described in Sec. 3555.303.


Sec. 3555.353  Net recovery value.

    The net recovery value of the property is determined differently 
for properties that have been sold than for properties that are in the 
lender's inventory at the time the loss claim is filed.
    (a) Actual net recovery value. For a property that the lender has 
sold when a loss claim is filed, net recovery value is calculated as 
the difference between:
    (1) The proceeds from the sale and any other amounts recovered; and
    (2) Liquidation and disposition costs that are reasonable and 
customary for the area. Costs incurred by in-house staff are not 
allowable.
    (b) Anticipated net recovery value. For a property that the lender 
has not sold when a loss claim is filed, net recovery value is 
calculated as the difference between:
    (1) The value of the property as determined by an appraisal that is 
calculated to provide reasonable assurance that the property will sell 
within 90 days of being placed on the market; and
    (2) Liquidation and estimated disposition costs that are reasonable 
and customary for the area. Costs incurred by in-house staff are not 
allowable.


Sec. 3555.354  Loss claim procedures.

    (a) Sold property. For property that has been sold, the lender must 
submit a loss claim within 30 calendar days of the sale.
    (b) REO property. If the property has not been sold and remains an 
REO property, the lender must take the following steps.
    (1) Notify the Agency that the property has not been sold.
    (i) If the property is not located on American Indian restricted 
land, the lender must notify the Agency if the property has not been 
sold within 90 calendar days of foreclosure, or from the end of any 
applicable redemption period, whichever is later.
    (ii) If the property is located on an American Indian restricted 
land, the

[[Page 70144]]

lender must notify the Agency if the property has not been sold within 
12 months of foreclosure, or from the end of any redemption period, 
whichever is later.
    (2) Upon notification that the property has not been sold, the 
Agency will conduct an appraisal and provide the results to the lender. 
The lender must submit a loss claim within 30 calendar days of 
receiving the results of the appraisal.
    (c) Deficiency judgments. The lender must enforce any judgment for 
which there are current prospects of collection before filing a loss 
claim, and amounts collected must be applied against the outstanding 
debt. The Agency will make a loss payment if there are not current 
prospects for collection.


Sec. 3555.355  Reducing or denying the claim.

    (a) Determination of loss payment. If the lender has failed to 
fulfill any of its obligations under this part, the Agency may cancel 
the guarantee or reduce any loss claim by the portion of the loss that 
the Agency determines was caused by the lender's failure to comply with 
the full faith and credit provision of the guarantee agreement. The 
circumstances under which loss claims may be denied or reduced include, 
but are not limited to, the following lender actions:
    (1) Failure to adhere to required servicing and liquidation 
procedures;
    (2) Failure to ensure that the security property is adequately 
maintained;
    (3) Delay in filing a loss claim;
    (4) Claiming unauthorized expenses;
    (5) Providing unauthorized assistance;
    (6) Failure to obtain the required security or maintain the 
security position;
    (7) Violating usury laws; or
    (8) Committing, or failing to report knowledge of, fraud.
    (b) Disputes. If the lender disputes the loss claim amount 
determined by the Agency, the Agency will pay the undisputed portion of 
the loss claim, and the lender may appeal the decision.


Sec. 3555.356  Future recovery.

    If the lender recovers additional funds after the loss claim has 
been paid, the proceeds will be distributed so that the total loss to 
the Government is equivalent to the loss that would have been incurred 
had the recovered amount been included in the initial loss calculation.


Secs. 3555.357-3555.400  [Reserved]

    Dated: November 30, 1999.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 99-32287 Filed 12-14-99; 8:45 am]
BILLING CODE 3410-XV-U