12 C.F.R. § 621.9

Reinstatement to accrual status

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(a) Before being reinstated to accrual status, a loan must be current on contractual payments and the borrower offered servicing in accordance with the institution's policies maintained under either § 614.4170 or part 617 of this chapter, whichever is applicable. Additional reinstatement eligibility requirements are dependent upon certain characteristics of the loan under review.

(1) A loan that was current when placed in nonaccrual status pursuant to § 621.6(a)(1) may be reinstated to accrual status if the known risks to the continued collection of principal or interest have been mitigated. If the loan was past due when placed in nonaccrual status, it may only be reinstated under either paragraph (a)(2) or (a)(3) of this section, as applicable.

(2) A loan placed in nonaccrual status when past due and not adequately secured must remain current on contractual payments for a period of sustained performance before it may be reinstated.

(3) A loan placed in nonaccrual status when past due and adequately secured must have a recent repayment pattern demonstrating future repayment capacity to make on-time payments before it may be reinstated. The repayment pattern is established in one of two ways:

(i) Sustained performance in making on-time contractual payments, or

(ii) A recent history of making on-time partial payments in amounts the same or greater than newly restructured payment amounts.

(b) Nothing in this section prevents a current loan from being reinstated to accrual status in response to a Credit Review Committee decision issued under section 4.14D(d) of the Farm Credit Act of 1971, as amended, when that decision was made in compliance with applicable laws, regulations, and in accordance with generally accepted accounting principles.

[85 FR 52254, Aug. 25, 2020]
Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: Colorado Springs Prod. Credit Ass'n v. Farm Credit Admin., 758 F. Supp. 6 (D.D.C. 1991).
Colorado Springs Prod. Credit Ass'n v. Farm Credit Admin., 758 F. Supp. 6 (D.D.C. 1991). “See 12 C.F.R. § 621.9 . Second, Congress was concerned that using a prospective date, year-end 1987 for example, would allow institutions to make unwise management decisions or manipulate their financial statements in order to minimize their contributions under the Act.”
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