Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter XVIII - Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Department of Agriculture |
SubChapter H - Program Regulations |
Part 1941 - [Reserved] |
Subpart A - Operating Loan Policies, Procedures, and Authorizations |
Exhibit A to Subpart A of Part 1941 - Processing Guide - Insured Operating Loans
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This exhibit outlines the basic steps involved in processing a loan application and identifies the FmHA or its successor agency under Public Law 103-354 forms which should be considered for use at each step.
Consult the appropriate Forms Manual Insert (FMI) for instructions for completion, distribution, and procedural references for each form.
Application Processing a. applicant interview Review applicant's proposed plan of operation in view of authorized loan purposes and limitations on loans.
Begin running case record.
Provide applicant with FmHA or its successor agency under Public Law 103-354 forms to be completed and returned which are needed to determine eligibility. Be sure applicant understands the purposes of the forms and knows who must complete them.
Advise applicant of other information that must be given to FmHA or its successor agency under Public Law 103-354.
When appropriate, have applicant contact other creditors as possible credit sources for financing, or participating in the financing, of the proposed operation.
The following FmHA or its successor agency under Public Law 103-354 forms will be made available to the applicant or will be used by the County Supervisor. Forms designated with an “x” are always required and those designated with an “*” are to be used when appropriate.
Form No Name 410-1 Application for FHA Services (x) 1910-5 Request for Verification of Employment (*) 410-9 Statement Required by the Privacy Act (*) 410-10 Privacy Act Statement to References (*) 1910-11 Applicant Certification, Federal Collection Policies for Consumer or Commercial Debts (x) 431-1 Long-Time Farm and Home Plan (*) 431-2 Farm and Home Plan (x) 431-4 Business Analysis—Nonagricultural Enterprise (*) 440-32 Request for Statement of Debts and Collateral (*) 1940-51 Crop-Share-Cash Farm Lease (*) 1940-53 Cash Farm Lease (*) 1940-55 Livestock-Share-Farm Lease (*) 1940-56 Annual Supplement to Farm Lease (*) b. field visit Notify applicant of planned visit and its purpose.
Evaluate the resources available to the applicant and determine whether or not they adequately fulfill the requirements of the proposed plan of operation.
Obtain information needed to complete required appraisals (chattel and real estate).
Hold landlord-tenant meeting, if necessary, to reach an agreement on the terms of the lease, resolve any problems, etc.; record in running case record.
Determine security requirements and record in running case record.
The following FmHA or its successor agency under Public Law 103-354 forms will be used as appropriate:
Form No. Name 440-13 Report of lien search * 440-21 Appraisal of chattel property * 1922-1 Appraisal report-farm tract * 1922-2 Supplemental report-irrigation, drainage, levee, and minerals * 1922-3 Map of property * 1922-10 Appraiser's worksheet-farm tract * 2006-9 Notice of visit or meeting * c. eligibility determination Obtain all needed application forms, and other information from the applicant; assist the applicant in completing these forms and in obtaining needed information, as necessary.
Request copy of deed or other evidence of title, when needed.
Schedule meeting with county committee, review application and determine eligibility.
Inform applicant of the results of committee action.
The following FmHA or its successor agency under Public Law 103-354 forms will be used as appropriate in accomplishing the above actions:
Form No. Name 403-1 Debt Adjustment Agreement (*) 440-2 County Committee Certification or Recommendation (x) Docket Preparation Obtain all information from the applicant, prior lienholder(s), landlord(s), etc., needed for the loan docket to be prepared.
Check to make sure all security requirements have been met or will be met by loan closing.
Prepare a loan narrative, for running record.
The following FmHA or its successor agency under Public Law 103-354 forms will be completed and utilized as necessary in preparing the loan docket for approval:
Form No. Name 400-4 Assurance Agreement (*) 1927-8 Agreement with Prior Lienholder (*) 1940-1 Request for Obligation of Funds (*) 440-4 Security Agreement (Chattels and Crops) (*) 440-9 Supplementary Payment Agreement (*) 1940-20 Request For Environmental Information (*) 440-25/440A25 Financing Statement (*) 440-26 Consent and Subordination Agreement (*) 1940-21, 1940-22, or Exhibit H, Subpart G of Part 1940 Environmental Review (*) 441-5 Subordination Agreement (*) 441-8 Assignment of Proceeds from the Sale of Products (*) 441-10 Nondisturbance Agreement (*) 441-12 Agreement for Disposition of Jointly Owned Property (*) 441-13 Division of Income and Nondisturbance Agreement (*) 441-17 Certification of Obligation to Landlord (*) 441-18 Consent to Payment of Proceeds from Sale of Farm Products (*) 441-25 Assignment of Proceeds from the Sale of Dairy Products and Release of Security Interest (*) Loan Approval and Closing a. loan approval File financing statement or chattel mortgage, and obtain a lien search.
Request preliminary title opinion when appropriate.
Record loan closing conditions in the running record.
Execute and distribute all forms necessary for loan approval.
b. loan closing Request needed legal services.
Arrange for loan closing by county office, escrow agent, designated attorney, or other authorized loan closing agent; furnish loan closing agent with appropriate instructions, forms, and other needed information for loan closing.
The following FmHA or its successor agency under Public Law 103-354 forms will be used by the County Office in addition to those forms listed under docket preparation which must be executed by the borrower or other party:
Form No. Name 400-6 Compliance Statement (*) 402-1 Deposit Agreement (*) 402-2 Statement of Deposits and Withdrawals (*) 427-1 (State) Real Estate Mortgage or Deed of Trust for _____ (*) 1927-9 Preliminary Title Opinion (*) 1940-17 Promissory Note (x)