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12 U.S.C. § 2279aa–9 — Exemption from restructuring and borrowers rights provisions for pooled loans

submitted 38 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 209 words · no verdicts yet

in plain englishAI-generated · not legal advice

Loans in guaranteed pools are exempt from specified restructuring and borrowers’-rights provisions. Farm Credit System originators must disclose this and give applicants three days to refuse pooling.

(a) Restructuring. Sections 2202, 2202a, 2202b, 2202d, and 2219a do not apply to a loan in a qualified-loan pool backing securities or obligations guaranteed by the Corporation. Corporation servicing standards must be patterned after similar standards used by other federally sponsored secondary-market facilities. (b) Borrowers’ rights. When applying for a loan as defined in section 2202a(a)(5), a System originator must give each applicant written loan terms, separately identifying terms for pooled and nonpooled loans. If applicable, the notice must say the loan may be pooled and that the listed sections will not apply if it is pooled. It must also say the applicant may refuse pooling. Within 3 days after commitment, the applicant may refuse pooling and thereby keep rights under those sections, if applicable.

the actual law source: uscode.house.gov ↗public domain
(a) Restructuring

Notwithstanding any other provision of law, sections 2202, 2202a, 2202b, 2202d, and 2219a of this title shall not apply to any loan included in a pool of qualified loans backing securities or obligations for which the Corporation provides guarantee. The loan servicing standards established by the Corporation shall be patterned after similar standards adopted by other federally sponsored secondary market facilities.

(b) Borrowers rights

At the time of application for a loan (as defined in section 2202a(a)(5) of this title), originators that are Farm Credit System institutions shall give written notice to each applicant of the terms and conditions of the loan, setting forth separately terms and conditions for pooled loans and loans that are not pooled. This notice shall include a statement, if applicable, that the loan may be pooled and that, if pooled, sections 2202, 2202a, 2202b, 2202d, and 2219a of this title shall not apply. This notice also shall inform the applicant that he or she has the right not to have the loan pooled. Within 3 days from the time of commitment, an applicant has the right to refuse to allow the loan to be pooled, thereby retaining rights under sections 2202, 2202a, 2202b, 2202d, and 2219a of this title, if applicable.

Source credit: (Pub. L. 92–181, title VIII, § 8.9, as added Pub. L. 100–233, title VII, § 702, Jan. 6, 1988, 101 Stat. 1701; amended Pub. L. 100–399, title VI, § 601(j), Aug. 17, 1988, 102 Stat. 1005; Pub. L. 104–105, title II, § 208(b), Feb. 10, 1996, 110 Stat. 174; Pub. L. 115–334, title V, § 5411(46), Dec. 20, 2018, 132 Stat. 4685.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 92-181 · 101 Stat. 1701
  • 1988Amended · Pub. L. 100-399 · 102 Stat. 1005
  • 1996Amended · Pub. L. 104-105 · 110 Stat. 174
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4685

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-181 on 1988-01-06.

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