Rural Housing Service, USDA § 3555.10
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Pt. 3555 7 CFR Ch. XXXV (1–1–20 Edition) PART 3555—GUARANTEED RURAL 3555.250 OMB control number. HOUSING PROGRAM Subpart F—Servicing Performing Loans Subpart A—General 3555.251 Servicing responsibility. 3555.252 Required servicing actions. Sec. 3555.253 Late payment charges. 3555.1 Applicability. 3555.254 Final payments. 3555.2 Purpose. 3555.255 Borrower actions requiring lender 3555.3 Civil rights. approval. 3555.4 Mediation and appeals. 3555.256 Transfer and assumptions. 3555.5 Environmental requirements. 3555.257 Unauthorized assistance. 3555.6 State and local law. 3555.258–3555.299 [Reserved] 3555.7 Exception authority. 3555.300 OMB control number 3555.8 Conflict of interest. 3555.9 Enforcement. Subpart G—Servicing Non-Performing 3555.10 Definitions and abbreviations. Loans 3555.11–3555.49 [Reserved] 3555.50 OMB control number. 3555.301 General servicing techniques. 3555.302 Protective advances. Subpart B—Lender Participation 3555.303 Traditional servicing options. 3555.304 Special servicing options. 3555.51 Lender eligibility. 3555.305 Voluntary liquidation. 3555.52 Lender approval. 3555.306 Liquidation. 3555.53 Contracting for loan origination. 3555.307 Assistance in natural disasters. 3555.54 Sale of loans to approved lenders. 3555.308–3555.349 [Reserved] 3555.55–3555.99 [Reserved] 3555.350 OMB control number. 3555.100 OMB control number. Subpart H—Collecting on the Guarantee. Subpart C—Loan Requirements 3555.351 Loan guarantee limits. 3555.101 Loan purposes. 3555.352 Loss covered by the guarantee. 3555.102 Loan restrictions. 3555.353 Net recovery value. 3555.103 Maximum loan amount. 3554.354 Loss claim procedures. 3555.104 Loan terms. 3555.355 Reducing or denying the claim. 3555.105 Combination construction and per- 3555.356 Future recovery. manent loans. 3555.357–3555.399 [Reserved] 3555.106 [Reserved] 3555.400 OMB control number. 3555.107 Application for and issuance of the loan guarantee. AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 1471 et 3555.108 Full faith and credit. seq. 3555.109 Qualified mortgage. SOURCE: 78 FR 73941, December 9, 2013, un- 3555.110–3555.149 [Reserved] less otherwise noted. 3555.150 OMB control number. Subpart D—Underwriting the Applicant. Subpart A—General 3555.151 Eligibility requirements. § 3555.1 Applicability. 3555.152 Calculation of income and assets. 3555.153–3555.199 [Reserved] This part sets forth policies for the 3555.200 OMB control number. Single Family Housing Guaranteed Loan Program (SFHGLP) administered Subpart E—Underwriting the Property by USDA Rural Development. It ad- dresses the requirements of section 3555.201 Site requirements. 502(h) of the Housing Act of 1949, as 3555.202 Dwelling requirements. 3555.203 Ownership requirements. amended, and includes policies regard- 3555.204 Security requirements. ing originating, servicing, holding and 3555.205 Special requirements for condomin- liquidating SFHGLP loans. Any provi- iums. sion regarding the expenditure of funds 3555.206 Special requirements for commu- under this part is contingent upon the nity land trusts. availability of funds. 3555.207 Special requirements for Planned Unit Developments (PUDs). § 3555.2 Purpose. 3555.208 Special requirements for manufac- tured homes. (a) General. The purpose of the 3555.209 Rural Energy Plus loans. SFHGLP is to provide low- and mod- 3555.210–3555.249 [Reserved] erate-income persons who will live in 454 VerDate Sep<11>2014 14:32 May 19, 2020 Jkt 250026 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Y:\SGML\250026.XXX 250026 rmajette on DSKBCKNHB2PROD with CFR Rural Housing Service, USDA § 3555.5 rural areas with an opportunity to own § 3555.4 Mediation and appeals. decent, safe and sanitary dwellings and Whenever Rural Development makes related facilities. The SFHGLP offers a decision that will adversely affect a applicants without sufficient resources participant, the participant may pro- to provide the necessary housing on ceed with alternative dispute resolu- their own account, and unable to se- tion including mediation and a USDA cure the credit necessary for such National Appeals Division hearing in housing from other sources upon terms accordance with 7 CFR parts 1 and 11. and conditions, which the applicant The participant also may request an can reasonably be expected to fulfill informal review of the adverse decision without the guarantee, an opportunity made by Rural Development. Except to acquire, build, rehabilitate, im- when the adverse decision applies to a prove, or relocate dwellings in rural loss claim, the applicant or borrower areas. and the lender may participate in the (b) Demonstration programs. Rural De- appeal process. Adverse decisions made velopment may authorize limited dem- by the lender cannot be appealed unless onstration programs as allowed by law. concurrence by Rural Development was The objective of these demonstration required by this subpart and obtained programs will be to test new ap- by the lender. proaches to offering housing under the statutory authority granted to the § 3555.5 Environmental requirements. Secretary. Therefore, such demonstra- (a) Policy. Rural Development will tion programs may not be consistent consider environmental quality, eco- with all of the provisions contained in nomic, social, and other relevant fac- this part. However, any statutory tors in program development and deci- SFHGLP requirements will remain in sion-making processes. Rural Develop- effect. ment will take into account potential environmental impacts of proposed § 3555.3 Civil rights. projects by working with applicants, Rural Development, lenders, and other Federal agencies, American In- their agents must administer the pro- dian tribes, State and local govern- gram fairly, and in accordance with ments, and interested citizens and or- both the letter and the spirit of all ganizations in order to formulate ac- equal opportunity, equal credit oppor- tions that advance the program’s goals tunity and fair housing legislation, and in a manner that will protect environ- applicable executive orders. Loan guar- mental quality. antees, services, and benefits provided (b) Regulatory references. Loan proc- under this part shall not be denied to essing or servicing actions taken under any person based on race, color, na- this part must comply with the envi- tional origin, sex, religion, marital sta- ronmental review requirements in ac- tus, familial status, age (provided the cordance with 7 CFR part 1970, and 7 applicant has the capacity to enter CFR part 1924, which addresses lead- into a binding contract), handicap, re- based paint. ceipt of income from public assistance, (c) Agency responsibilities. Rural De- sexual orientation, or because the ap- velopment is responsible for compli- plicant has, in good faith, exercised ance with all applicable environmental any right under the Consumer Credit regulations and statutes. Protection Act (15 U.S.C. 1601 et seq.). (d) Lender and loan applicant respon- All activities under this part shall be sibilities. (1) Lenders must use due dili- accomplished in accordance with the gence in regard to potential environ- Fair Housing Act (42 U.S.C. 3601–3620), mental hazards to ensure the property the Equal Credit Opportunity Act (15 is decent, safe and sanitary and of suf- U.S.C. 1691), and Executive Order 11063 ficient value to adequately secure the as amended by Executive Order 12259, loan. The level of due diligence review as applicable. Rural Development’s to determine potential environmental civil rights compliance requirements hazards must be equivalent to the are provided in 7 CFR part 1901, subpart standards established by Fannie Mae, E. Freddie Mac, FHA, or the VA. 455 VerDate Sep<11>2014 14:32 May 19, 2020 Jkt 250026 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Y:\SGML\250026.XXX 250026 rmajette on DSKBCKNHB2PROD with CFR § 3555.6 7 CFR Ch. XXXV (1–1–20 Edition) (2) Mortgage loan transactions will meets the requirements of 42 U.S.C. be subject to the requirements of the 4012a (b)(1)(A). 1994 National Flood Insurance Reform (7) Rural Development will not guar- Act to determine if the dwelling is lo- antee loans for new or proposed homes cated in a Special Flood Hazard Area in an SFHA unless the lender obtains a (SFHA). final Letter of Map Amendment (3) On an as needed basis, lenders and (LOMA) or a final Letter of Map Revi- loan applicants will assist Rural Devel- sion (LOMR) that removes the property opment in obtaining such information from the SFHA, or performs an alter- as Rural Development needs to com- natives analysis in compliance with plete its environmental review and to the Agencies National Environmental cooperate in the resolution of environ- Policy Act regulation and obtains a mental problems. FEMA elevation certificate that shows that the lowest floor (including base- (4) Lenders will become familiar with ment) of the dwelling and all related Agency environmental requirements, building improvements are built at or so they can advise applicants and re- above the 100-year flood plain elevation duce the probability of unacceptable in compliance with the NFIP. applications being submitted to Rural Development. [78 FR 73941, Dec. 9, 2013, as amended at 81 (5) The lender must comply with Fed- FR 6428, Feb. 8, 2016; 81 FR 11048, Mar. 2, 2016] erally mandated flood insurance pur- § 3555.6 State and local law. chase requirements. Existing dwellings in a SFHA are not eligible under the Lenders will comply with applicable SFHGLP unless flood insurance State and local laws and regulations, through the FEMA National Flood In- including the laws of American Indian surance Program (NFIP) is available tribes. Supplemental guidance will be issued in the case of any conflict with for the community and flood insurance, or significant differences from provi- whether NFIP, ‘‘write your own,’’ or sions of this part. private flood insurance, is purchased by the borrower. The lender will re- § 3555.7 Exception authority. quire the borrower to obtain, and The Administrator of the Agency, or maintain for the term of the mortgage, a designee, may make an exception to flood insurance for any property lo- any requirement or provision of this cated in a SFHA, listing the lender as part or to address any omissions in this a loss payee.