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25 U.S.C. § 1494 — Evidence of eligibility of loan for and amount of guaranty or insurance; defenses and partial defenses against original lender

submitted 52 years ago by Pub. L. 93-262 to r/title-25-INDIANS · 95 words · no verdicts yet

in plain englishAI-generated · not legal advice

A guaranty or insurance certificate is conclusive proof that a loan qualifies and of the guaranteed or insured amount, subject to specified fraud, misrepresentation, and regulatory defenses.

Evidence of a guaranty or insurance issued by the Secretary conclusively proves that the loan qualifies for guaranty or insurance under this chapter and proves the amount. However, the Secretary may assert against the original lender defenses based on fraud or material misrepresentation and may, under regulations in force when the certificate was issued or the money was disbursed, whichever came first, assert partial defenses to the amount payable.

the actual law source: uscode.house.gov ↗public domain

Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and the amount of such guaranty or insurance: Provided, That nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation or bar him from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.

Source credit: (Pub. L. 93–262, title II, § 214, Apr. 12, 1974, 88 Stat. 81.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-262 · 88 Stat. 81

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-262 on 1974-04-12.

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