42 U.S.C. § 1475

Loan payment moratorium and foreclosure procedures

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(a) Moratorium

During any time that any such loan is outstanding, the Secretary is authorized under regulations to be prescribed by him to grant a moratorium upon the payment of interest and principal on such loan for so long a period as he deems necessary, upon a showing by the borrower that due to circumstances beyond his control, he is unable to continue making payments of such principal and interest when due without unduly impairing his standard of living. In cases of extreme hardship under the foregoing circumstances, the Secretary is further authorized to cancel interest due and payable on such loans during the moratorium. Should any foreclosure of such a mortgage securing such a loan upon which a moratorium has been granted occur, no deficiency judgment shall be taken against the mortgagor if he shall have faithfully tried to meet his obligation.

(b) Foreclosure procedures

In foreclosing on any mortgage held by the Secretary under this subchapter, the Secretary shall follow the foreclosure procedures of the State in which the property involved is located to the extent such procedures are more favorable to the borrower than the foreclosure procedures that would otherwise be followed by the Secretary. This subsection shall be subject to the availability of amounts approved in appropriations Acts, to the extent additional budget authority is necessary to carry out this subsection.

(July 15, 1949, ch. 338, title V, § 505, 63 Stat. 434; Pub. L. 101–625, title VII, § 707, Nov. 28, 1990, 104 Stat. 4287.)Editorial NotesAmendments

1990—Pub. L. 101–625 amended section catchline generally, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

Notes of Decisions

Cited in 36 cases (7 in the last 5 years), 1976–2022 · leading case: Curry v. Block, 541 F. Supp. 506 (S.D. Ga. 1982).

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Curry v. Block, 541 F. Supp. 506 (S.D. Ga. 1982). · cites it 9× “In that case, the FmHA agreed to provide certain rural housing program borrowers with personal notice of the availability of moratorium relief under the Rural Housing Act, 42 U.S.C. § 1475 (that Act’s functional equivalent of § 1981a).”

United States v. Kathleen J. Jacobsen, 319 F.3d 323 (8th Cir. 2002). · cites it 6× “Because we find that 42 U.S.C. § 1475 (b) does not require the USDA or its subdivisions to provide borrowers with these substantive state law rights, we affirm.”

Inez Curry & Remer Curry v. John R. Block, Etc., James McLeod Rowell v. Sec'y of Agric., 738 F.2d 1556 (11th Cir. 1984). · cites it 4× “Finally, as to the substantive requisites of the statute, the Curry court concluded that the Secretary must “promulgate regulations on the eligibility criteria of § 1981a comparable to those presently in use pursuant to the moratorium provision of the Rural Housing Loan Program,…”

Coleman v. Block, 562 F. Supp. 1353 (D.N.D. 1983). · cites it 3× “§ 1981 (d) and 42 U.S.C. § 1475 , provide for appeal of a denial of deferral supplies additional support for this court’s denial of that right under 7 U.”

Gabriel Johnson, Individually & on Behalf of All Others Similarly Situated v. United States Dep't of Agric., 734 F.2d 774 (11th Cir. 1984). · cites it 2× “42 U.S.C. § 1475 . The statute contemplates that the Secretary promulgate regulations that provide for a complete suspension of interest and principal payments during a period when the borrower is unable to make payments “without unduly impairing his standard of living” and “due…”

United States v. Shields, 733 F. Supp. 776 (D. Vt. 1989). · cites it 11× “Shields applied for moratorium relief pursuant to 42 U.S.C. § 1475 . The application had been signed by himself and Mrs.”

Rex Ramey v. John Block, Sec'y of Dep't of Agric., 738 F.2d 756 (6th Cir. 1984). · cites it 2× “The House Report’s allusion to “comparable language” is a reference to 42 U.S.C. § 1475 , the moratorium provision in Title V of the Housing Act of 1949, 42 U.”

United States v. Rezzonico, 32 F. Supp. 2d 1112 (D. Ariz. 1998). “Defendants rely largely on 42 U.S.C. § 1475 (B), which the Court also cited in its prior order, for the proposition that the Secretary follows state foreclosure procedures when those procedures are more favorable to the borrower than those that would ordinarily be followed by…”

United States v. Eugene T. Markgraf & Nancy J. Markgraf, 736 F.2d 1179 (7th Cir. 1984). “See 42 U.S.C. § 1475 (1976). Section 1475 authorizes the Secretary of Agriculture, under regulations to be prescribed by him, to grant a deferral of repayment of loans upon the same showing required by the borrower under section 1981a.”

United States of Am., Cross-Appellant in No. 87-1777 v. Marcus Spears & Doris E. Spears. Appeal of Doris Spears, in No. 87-1735, 859 F.2d 284 (3rd Cir. 1988). “See 42 U.S.C. §§ 1475 , 1480(g), (k) (1982 & Supp.”

United States v. White, 429 F. Supp. 1245 (N.D. Miss. 1977). · cites it 2× “Taylor requested FmHA officials to investigate this aspect of the matter to determine what relief, if any, could be extended to them under § 505, Housing Act of 1949, 42 USC § 1475 (1970). 2 The record shows that no meaningful investigation was conducted by FmHA officials to…”

Laura Sheldon v. Thomas Vilsack, 538 F. App'x 644 (6th Cir. 2013). · cites it 2× “42 U.S.C. § 1475 (a) (emphasis added). Both district courts were right to focus on the statute’s authorizing, not requiring, the Secretary to act.”

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