7 C.F.R. § 1900.102

Applicable law

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Loans made by Rural Development are authorized and executed pursuant to Federal programs adopted by Congress to achieve national purposes of the U.S. Government.

(a) Instruments evidencing or securing a loan payable to or held by the Rural Development, such as promissory notes, bonds, guaranty agreements, mortgages, deeds of trust, financing statements, security agreements, and other evidences of debt or security shall be construed and enforced in accordance with applicable Federal law.

(b) Instruments evidencing a guarantee, conditional commitment to guarantee, or a grant, such as contracts of guarantee, grant agreements or other evidences of an obligation to guarantee or make a grant, executed by the Rural Development, shall be construed and enforced in accordance with applicable Federal law.

(c) In order to implement and facilitate these Federal loan programs, the application of local procedures, especially for recordation and notification purposes, may be utilized to the fullest extent feasible and practicable. However, the use of local procedures shall not be deemed or construed to be any waiver by Rural Development of Federal immunity from any local control, penalty, or liability, or to subject Rural Development to any State required acts or actions subsequent to the delivery by Rural Development officials of the instrument to the appropriate local or State official.

(d) Any person, corporation, or organization that applies for and receives any benefit or assistance from Rural Development that offers any assurance or security upon which Rural Development relies for the granting of such benefit or assistance, shall not be entitled to claim or assert any local immunity, privilege, or exemption to defeat the obligation such party incurred in obtaining or assuring such Federal benefit or assistance.

(e) The liability of an auctioneer for conversion of personal property mortgaged to Rural Development shall be determined and enforced in acceptance with the applicable Federal law. “Auctioneer” for the purposes of this subpart includes a commission merchant, market agency, factor or agent. In all cases in which there has been a disposition without authorization by Rural Development of personal property mortgaged to that agency, any auctioneer involved in said disposition shall be liable to the Government for conversion—notwithstanding any State statute or decisional rule to the contrary.

[44 FR 10979, Feb. 26, 1979, as amended at 80 FR 9867, Feb. 24, 2015]

Notes of Decisions

Cited in 5 cases, 1983–1995 · leading case: Hilderbrand v. United States, 905 F. Supp. 774 (E.D. Cal. 1995).

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Hilderbrand v. United States, 905 F. Supp. 774 (E.D. Cal. 1995). “In addition, 7 C.F.R. § 1900.102 (a) provides that “[ijnstruments evidencing or securing a loan payable to or held by the Farmers Home Administration, such as promissory notes, bonds, guaranty agreements, mortgages, deeds of trust, financing statements, security agreements, and…”

United States v. Curry, 561 F. Supp. 429 (D. Kan. 1983). “7 C.F.R. § 1900.102 . The government further points out that there are no statutory rights of redemption under federal law applicable to Farmers Home Administration loans.”

United States v. Mikolaitis, 682 F. Supp. 798 (M.D. Penn. 1988). · cites it 4× “Captioned “Applicable law,” 7 C.F.R. § 1900.102 , provides, in pertinent part, as follows: Loans made by FmHA are authorized and executed pursuant to Federal programs adopted by Congress to achieve national purposes of the U.”

United States v. Royer, 683 F. Supp. 484 (M.D. Penn. 1986). · cites it 2× “Thus, 7 C.F.R. § 1900.102 , provides in subpara-graph (a) as follows: (a) Instruments evidencing or securing a loan payable to or held by the Farmers Home Administration, such as .”

United States v. Kennedy, 785 F.2d 1553 (11th Cir. 1986). “” 7 C.F.R. § 1900.102 (c) (1985). In order to accommodate state procedures, FmHA uses “state supplements.”

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