7 CFR 1782.12 – Sale or exchange of security property
A cash sale of all or a portion of a borrower’s assets or an exchange of security property may be approved subject to the conditions set forth in this section.
Terms Used In 7 CFR 1782.12
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lien: A claim against real or personal property in satisfaction of a debt.
(a) Approval conditions. Approval may be given when the servicing official determines that:
(1) The consideration is for the full amount of the debt or the present fair market value as determined by an appraisal completed by a qualified Rural Development employee or an independent appraiser as determined appropriate by the approval official;
(2) The sale or exchange will not prevent carrying out the purpose of the loan;
(3) The remaining property is adequate security for the loan and the transaction will not adversely affect the Agency’s security position;
(4) If the property to be sold or exchanged will be used for similar purposes that the loan was made, the purchaser will:
(i) Execute Form RD 400-4, “Assurance Agreement.” The instrument of conveyance will contain the civil rights covenant referenced in 7 CFR 1901.202(e); and
(ii) Provide the Agency with a written agreement assuming all rights and obligations of the original borrower, and
(5) Proceeds remaining after paying any reasonable and necessary selling expenses are to be used for one or more of the following purposes:
(i) To pay Agency debt, pay on debts secured by a prior lien, and pay on debts secured by a parity or subsequent lien if it is to the Agency’s advantage;
(ii) To purchase or acquire property more suited to the borrower’s needs, providing the Agency’s security position is maintained; and
(iii) To develop or enlarge the facility if necessary to improve the borrower’s debt-paying ability, place the operation on a sounder financial basis, or further the loan objectives and purposes.
(b) Sale of assets financed with Agency grants. The requirements for the sale or disposition of assets financed with Agency grants are determined by the terms of the grant agreement, 7 CFR parts 3015, 3016, and 3019, and E.O. 12803, as applicable.
(c) Release from liability. If a borrower can no longer meet the objectives of the loan, the property may be sold. If the full amount of the borrower’s debt is paid or assumed, the State Director may release the borrower from liability.