7 C.F.R. § 762.101

Introduction

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(a) Scope. This subpart contains regulations governing Operating loans, Farm Ownership loans, and Conservation loans guaranteed by the Agency. This subpart applies to lenders, holders, borrowers, Agency personnel, and other parties involved in making, guaranteeing, holding, servicing, or liquidating such loans.

(b) Lender list. The Agency maintains a current list of lenders who express a desire to participate in the guaranteed loan program. This list is made available to farmers upon request.

(c) Lender classification. Lenders who participate in the Agency guaranteed loan program will be classified into one of the following categories:

(1) Standard Eligible Lender under § 762.105;

(2) Certified Lender;

(3) Preferred Lender under § 762.106; or

(4) Micro Lender under § 762.107.

(d) Type of guarantee. Guarantees are available for both a loan note or a line of credit. A loan note is used for a loan of fixed amount and term. A line of credit has a fixed term, but no fixed amount. The principal amount outstanding at any time, however, may not exceed the line of credit ceiling contained in the contract. Both guarantees are evidenced by the same loan guarantee form.

(e) Termination of loan guarantee. The loan guarantee will automatically terminate as follows:

(1) Upon full payment of the guaranteed loan. A zero balance within the period authorized for advances on a line of credit will not terminate the guarantee;

(2) Upon payment of a final loss claim; or

(3) Upon written notice from the lender to the Agency that a guarantee is no longer desired provided the lender holds all of the guaranteed portion of the loan. The loan guarantee will be returned to the Agency office for cancellation within 30 days of the date of the notice by the lender.

[64 FR 7378, Feb. 12, 1999, as amended at 72 FR 63297, Nov. 8, 2007; 75 FR 54013, Sept. 3, 2010; 81 FR 72690, Oct. 21, 2016]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2018–2021 · leading case: Food & Water Watch v. U.S. Dep't of Agric., 325 F. Supp. 3d 39 (D.C. Cir. 2018).

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Food & Water Watch v. U.S. Dep't of Agric., 325 F. Supp. 3d 39 (D.C. Cir. 2018). “See 7 C.F.R. § 762.101 , et seq. Under this program, a borrower can apply to have the FSA guarantee a percentage of a loan made by a qualified agricultural lender for purposes including "[a]cquir[ing] or enlarg[ing] a farm"; "[m]ak[ing] capital improvements," such as "the…”

Food & Water Watch v. United States Dep't of Agric. (D.D.C. 2018). “See 7 C.F.R. § 762.101 , et seq. Under this program, a borrower can apply to have the FSA guarantee a percentage of a loan made by a qualified agricultural lender for purposes including “[a]cquir[ing] or enlarg[ing] a farm”; “[m]ak[ing] capital improvements,” such as “the…”

Food & Water Watch v. United States Dep't of Agric. (D.D.C. 2019). “See 7 C.F.R. § 762.101 , et seq. Under this program, a borrower can apply for the FSA to guarantee a percentage of a loan made by a qualified agricultural lender if the loan is for certain purposes.”

Food & Water Watch v. United States Dep't of Agric. (D.D.C. 2020). “See 7 C.F.R. §§ 762.101 et seq. Under this program, FSA guarantees a percentage of certain loans made to borrowers by qualified agricultural lenders for purposes including “[a]cquir[ing] or enlarg[ing] a farm”; “[m]ak[ing] capital improvements,” such as “the construction,…”

Bradshaw v. Johanns (D.D.C. 2021). “at 458:3-6, 19-25 (Stiebe); see 7 C.F.R. § 762.101 . FSA also can make direct emergency loans that may be used for various purposes.”

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