12 C.F.R. § 614.4030

Federal land credit associations

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(a) Long-term real estate lending. Federal land credit associations are authorized, subject to the requirments of § 614.4200, to make real estate mortgage loans with maturities of not less than 5 years nor more than 40 years and continuing commitments to make such loans.

(b) Loan participations. Subject to the requirements of subpart H of this part, Federal land credit associations may enter into participation agreements with:

(1) Farm Credit banks and associations that are direct lenders and lenders that are not Farm Credit institutions on loans of the type it is authorized to make under title I of the Act;

(2) Farm Credit banks and associations that are direct lenders on loans it is not authorized to make, provided the borrower eligibility, membership, term, amount, loan security, and stock or participation certificate requirements of the originating institution are met; and

(3) The Federal Agricultural Mortgage Corporation to the extent provided in § 614.4055.

(c) Other interests in loans. (1) Subject to the requirements of subpart H of this part and the supervision of their respective funding banks, Federal land credit associations may sell interests in loans made under paragraph (a) of this section only to:

(i) Farm Credit System institutions, as authorized by their respective funding banks;

(ii) Other lenders that are not Farm Credit System institutions, as authorized by their respective funding banks; and

(iii) Any certified agricultural mortgage marketing facility, as defined by section 8.0(3) of the Act, for the purpose of pooling and securitizing such loans under title VIII of the Act.

(2) Subject to the requirements of subpart H of this part, Federal land credit associations may purchase interests in loans that comply with the requirements of paragraph (a) of this section and nonvoting stock from Farm Credit System institutions.

(3) Federal land credit associations, in their capacity as certified agricultural mortgage marketing facilities under title VIII of the Act, may purchase interests in loans (other than participation interests under paragraph (b) of this section) from institutions other than Farm Credit System institutions for the purpose of pooling and securitizing such loans under title VIII of the Act.

[55 FR 24880, June 19, 1990, as amended at 57 FR 38247, Aug. 24, 1992; 62 FR 51013, Sept. 30, 1997; 64 FR 43049, Aug. 9, 1999; 65 FR 24102, Apr. 25, 2000; 67 FR 1285, Jan. 10, 2002]

Notes of Decisions

Cited in 4 cases, 1985–2000 · leading case: Indiana Dep't of State Revenue v. Farm Credit Servs. of Mid-Am., 734 N.E.2d 551 (Ind. 2000).

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Indiana Dep't of State Revenue v. Farm Credit Servs. of Mid-Am., 734 N.E.2d 551 (Ind. 2000). · cites it 2× “Farm Credit Administration Definitions, 12 C.F.R. §§ 614.4030 , 619.9155 (2000); 12 U.”

Fed. Deposit Ins. Corp. v. W.T. Langley & Mary Ann Grimes Langley, 792 F.2d 547 (5th Cir. 1986). “See 12 C.F.R. § 614.4030 (1985). In the instant case, the Langleys applied for the loan through the FLBA of Baton Rouge, and the loan was approved by FLBJ.”

Buckeye Prod. Credit Ass'n v. Farm Credit Admin., 787 F. Supp. 578 (E.D. Va. 1992). “See 12 C.F.R. §§ 614.4030 , 614.4040 (1991) (No PCA or FLBA may lend outside its FCA chartered territory unless it complies with § 614.”

Bailey v. Fed. Intermediate Credit Bank, 608 F. Supp. 1009 (W.D. Mo. 1985). “1010 (f)); establishes loan policies for associations in its district ( 12 CFR § 614.4030 ); supervises credit operations ( 12 CFR § 614.”

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