Title 7
SECTION 766.107
766.107 Consolidation and rescheduling.
§ 766.107 Consolidation and rescheduling.(a) Loans eligible for consolidation. The Agency may consolidate OL loans if:
(1) The borrower meets the loan servicing eligibility requirements in § 766.104;
(2) The Agency determines that consolidation will assist the borrower to repay the loans;
(3) Consolidating the loans will bring the borrower's account current or prevent the borrower from becoming delinquent;
(4) The Agency has not referred the borrower's account to OGC or the U.S. Attorney, and the Agency does not plan to refer the account to either of these two offices in the near future;
(5) The borrower is in compliance with the Highly Erodible Land and Wetland Conservation requirements of 7 CFR part 12, if applicable;
(6) The loans are not secured by real estate;
(7) The Agency holds the same lien position on each loan;
(8) The Agency has not serviced the loans for unauthorized assistance under subpart F of this part; and
(9) The loan is not currently deferred, as described in § 766.109, or set-aside, as described in subpart B of this part. The Agency may consolidate loans upon cancellation of the deferral or DSA.
(b) Loans eligible for rescheduling. The Agency may reschedule loans made for chattel purposes, including OL, CL, SW, RL, EE, or EM if:
(1) The borrower meets the loan servicing eligibility requirements in § 766.104;
(2) Rescheduling the loans will bring the borrower's account current or prevent the borrower from becoming delinquent;
(3) The Agency determines that rescheduling will assist the borrower to repay the loans;
(4) The Agency has not referred the borrower's account to OGC or the U.S. Attorney, and the Agency does not plan to refer the account to either of these two offices in the near future;
(5) The borrower is in compliance with the Highly Erodible Land and Wetland Conservation requirements of 7 CFR part 12, if applicable; and
(6) The loan is not currently deferred, as described in § 766.109, or set-aside, as described in subpart B of this part. The Agency may reschedule loans upon cancellation of the deferral or DSA.
(c) Consolidated and rescheduled loan terms. (1) The Agency determines the repayment schedule for consolidated and rescheduled loans according to the borrower's repayment ability.
(2) Except for CL and RL loans, the repayment period cannot exceed 15 years from the date of the consolidation and rescheduling.
(3) The repayment schedule for RL loans may not exceed 7 years from the date of rescheduling.
(4) The repayment schedule for CLs may not exceed 20 years from the date of the original note or assumption agreement.
(d) Consolidated and rescheduled loan interest rate. The interest rate of consolidated and rescheduled loans will be as follows:
(1) The interest rate for loans made at the regular interest rate will be the lesser of:
(i) The interest rate for that type of loan on the date a complete servicing application was received;
(ii) The interest rate for that type of loan on the date of restructure; or
(iii) The lowest original loan note rate on any of the original notes being consolidated and rescheduled.
(2) The interest rate for loans made at the limited resource interest rate will be the lesser of:
(i) The limited resource interest rate for that type of loan on the date a complete servicing application was received;
(ii) The limited resource interest rate for that type of loan on the date of restructure; or
(iii) The lowest original loan note rate on any of the original notes being consolidated and rescheduled.
(3) At the time of consolidation and rescheduling, the Agency may reduce the interest rate to a limited resource rate, if available, if:
(i) The borrower meets the requirements for the limited resource interest rate; and
(ii) A feasible plan cannot be developed at the regular interest rate and maximum terms permitted in this section.
(4) Loans consolidated and rescheduled at the limited resource interest rate will be subject to annual limited resource review in accordance with § 765.51 of this chapter.
(e) Capitalizing accrued interest and adding protective advances to the loan principal. (1) The Agency capitalizes the amount of outstanding accrued interest on the loan at the time of consolidation and rescheduling.
(2) The Agency adds protective advances for the payment of real estate taxes to the principal balance at the time of consolidation and rescheduling.
(3) The borrower must resolve all other protective advances not capitalized prior to closing the servicing actions.
(f) Installments. If there are no deferred installments, the first installment payment under the consolidation and rescheduling will be at least equal to the interest amount which will accrue on the new principal between the date the promissory note is executed and the next installment due date.
[72 FR 63316, Nov. 8, 2007, as amended at 75 FR 54016, Sept. 3, 2010]