Title 7 — Agriculture
Chapter 50 — Agricultural Credit
§ 1981d. Notice of loan service programs
Statutory text
Requirement
The Secretary shall provide notice by certified mail to each borrower who is at least 90 days past due on the payment of principal or interest on a loan made or insured under this chapter.
Contents
The notice required under subsection (a) shall—
include a summary of all primary loan service programs, preservation loan service programs, debt settlement programs, and appeal procedures, including the eligibility criteria, and terms and conditions of such programs and procedures;
include a summary of the manner in which the borrower may apply, and be considered, for all such programs, except that the Secretary shall not require the borrower to select among such programs or waive any right in order to be considered for any program carried out by the Secretary;
advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing;
provide any relevant forms, including applicable response forms;
advise the borrower that a copy of regulations is available on request; and
be designed to be readable and understandable by the borrower.
Contained in regulations
All notices required by this section shall be contained in the regulations implementing this chapter.
Timing
The notice described in subsection (b) shall be provided—
at the time an application is made for participation in a loan service program;
on written request of the borrower; and
before the earliest of—
initiating any liquidation;
requesting the conveyance of security property;
accelerating the loan;
repossessing property;
foreclosing on property; or
taking any other collection action.
Consideration of borrowers for loan service programs
The Secretary shall consider a farmer program borrower for all loan service programs if, within 60 days after receipt of the notice required in this section or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period, the borrower requests such consideration in writing. In considering a borrower for loan service programs, the Secretary shall place the highest priority on the preservation of the borrower’s farming operations.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Act of 1961
Pub. L. 87–128 title III § 331D · 75 Stat. 294
Enacted · 7 U.S.C. § 1981d
Pub. L. 87–128, title III, § 331D, as added Pub. L. 100–233, title VI, § 605, Jan. 6, 1988, 101 Stat. 1666
Source evidence
Code source credit
Pub. L. 87–128, title III, § 331D, as added Pub. L. 100–233, title VI, § 605, Jan. 6, 1988, 101 Stat. 1666Food, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 1807(1) · 104 Stat. 3359
Inserted · 7 U.S.C. § 1981d(b)(1)
Pub. L. 101–624, § 1807(1), inserted “debt settlement programs,” after “preservation loan service programs”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–624, § 1807(1), inserted “debt settlement programs,” after “preservation loan service programs”.Enacted provision · exact public law section
(1) in subsection (b)(1), by inserting “debt settlement programs,” after “preservation loan service programs,”; andFood, Agriculture, Conservation, and Trade Act of 1990
Pub. L. 101–624 § 1807(2) · 104 Stat. 3359
Substituted · 7 U.S.C. § 1981d(e)
Pub. L. 101–624, § 1807(2), substituted “60 days” for “45 days”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624, § 1807(2), substituted “60 days” for “45 days”.Enacted provision · exact public law section
(2) in subsection (e), by striking “45” and inserting “60”.Agricultural Credit Improvement Act of 1992
Pub. L. 102–554 § 10 · 106 Stat. 4142
Changed · 7 U.S.C. § 1981d(e)
Pub. L. 102–554, which directed the insertion of “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “not later than 60 days after receipt of the notice required in this section”, could not be executed because the phrase “not later than 60 days after receipt of the notice required in this section” did not appear in text. Corrected amendment was made by Pub. L. 115–334, effective as if included in Pub. L. 102–554. See 2018 Amendment note above and Effective Date of 2018 Amendment note below
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–554, which directed the insertion of “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “not later than 60 days after receipt of the notice required in this section”, could not be executed because the phrase “not later than 60 days after receipt of the notice required in this section” did not appear in text. Corrected amendment was made by Pub. L. 115–334, effective as if included in Pub. L. 102–554. See 2018 Amendment note above and Effective Date of 2018 Amendment note below.Enacted provision · exact public law section
SEC. 10. CONSIDERATION OF BORROWERS FOR LOAN SERVICE PRO-GRAMS. The first sentence of section 331D(e) (7 U.S.C. 1981d(e)) is amended by inserting after “not later than 60 days after receipt of the notice required in this section” the following: “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period”.Effective date note
Pub. L. 115–334, title V, § 5401(b)(2), Dec. 20, 2018, 132 Stat. 4674, provided that: “The amendment made by this subsection [amending this section] shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).”Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title VI § 633 · 110 Stat. 888
Substituted · 7 U.S.C. § 1981d(a)
Pub. L. 104–127 substituted “90 days past due on” for “180 days delinquent in”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–127 substituted “90 days past due on” for “180 days delinquent in”.Enacted provision · exact public law section
SEC. 633. NOTICE OF LOAN SERVICE PROGRAMS. Section 331D(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981d(a)) is amended by striking “180 days delinquent in” and inserting “90 days past due on”.Agriculture Improvement Act of 2018
Pub. L. 115–334 title V § 5401(b)(1) · 132 Stat. 4490
Inserted · 7 U.S.C. § 1981d(e)
Pub. L. 115–334 inserted “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “within 60 days after receipt of the notice required in this section”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–334 inserted “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “within 60 days after receipt of the notice required in this section”.Enacted provision · exact public law section
(1) Section 331D(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981d(e)) is amended by inserting after “within 60 days after receipt of the notice required in this section” the following: “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period”.Effective date note
Pub. L. 115–334, title V, § 5401(b)(2), Dec. 20, 2018, 132 Stat. 4674, provided that: “The amendment made by this subsection [amending this section] shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).”
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title III of Pub. L. 87–128, , 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 1921 of this title and Tables.
Amendments1990–2018 · 4 rounds
2018
Subsec. (e). Pub. L. 115–334 inserted “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “within 60 days after receipt of the notice required in this section”.
1996
Subsec. (a). Pub. L. 104–127 substituted “90 days past due on” for “180 days delinquent in”.
1992
Subsec. (e). Pub. L. 102–554, which directed the insertion of “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period” after “not later than 60 days after receipt of the notice required in this section”, could not be executed because the phrase “not later than 60 days after receipt of the notice required in this section” did not appear in text. Corrected amendment was made by Pub. L. 115–334, effective as if included in Pub. L. 102–554. See 2018 Amendment note above and Effective Date of 2018 Amendment note below.
1990
Subsec. (b)(1). Pub. L. 101–624, § 1807(1), inserted “debt settlement programs,” after “preservation loan service programs”.
Subsec. (e). Pub. L. 101–624, § 1807(2), substituted “60 days” for “45 days”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–334, title V, § 5401(b)(2), , 132 Stat. 4674, provided that: “The amendment made by this subsection [amending this section] shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–127 effective 90 days after , see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title.
Effective Date of 1990 Amendment
Amendment by section 1807(1) of Pub. L. 101–624 effective 120 days after , see section 1861(b) of Pub. L. 101–624, set out as a note under section 2001 of this title.
Credits
1988–2018 · 5 acts
- 1988Pub. L. 87–128, title III, § 331D, as added Pub. L. 100–233, title VI, § 605, , 101 Stat. 1666
- 1990amended Pub. L. 101–624, title XVIII, § 1807, , 104 Stat. 3819
- 1992Pub. L. 102–554, § 10, , 106 Stat. 4151
- 1996Pub. L. 104–127, title VI, § 633, , 110 Stat. 1092
- 2018Pub. L. 115–334, title V, § 5401(b)(1), , 132 Stat. 4674.
Show as published
(Pub. L. 87–128, title III, § 331D, as added Pub. L. 100–233, title VI, § 605, , 101 Stat. 1666; amended Pub. L. 101–624, title XVIII, § 1807, , 104 Stat. 3819; Pub. L. 102–554, § 10, , 106 Stat. 4151; Pub. L. 104–127, title VI, § 633, , 110 Stat. 1092; Pub. L. 115–334, title V, § 5401(b)(1), , 132 Stat. 4674.)