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25 U.S.C. § 5142 — Reduction of unpaid principal

submitted 37 years ago by Pub. L. 91-229 to r/title-25-INDIANS · 254 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) The Secretary of Agriculture may, if the borrower applies, reduce the unpaid principal of a loan made under sections 5136 through 5143 to the land’s current fair market value if (1) that value has fallen at least 25 percent since purchase, (2) the borrower has held the land at least 5 years, and (3) the Secretary of the Interior finds that the borrower cannot both repay the loan and provide normal tribal government services with the borrower’s income. (b)(1) An independent qualified fee appraiser, chosen by agreement between the borrower and the Secretary of Agriculture, must determine current fair market value.

(a) The Secretary of Agriculture may, if the borrower applies, reduce the unpaid principal of a loan made under sections 5136 through 5143 to the land’s current fair market value if (1) that value has fallen at least 25 percent since purchase, (2) the borrower has held the land at least 5 years, and (3) the Secretary of the Interior finds that the borrower cannot both repay the loan and provide normal tribal government services with the borrower’s income. (b)(1) An independent qualified fee appraiser, chosen by agreement between the borrower and the Secretary of Agriculture, must determine current fair market value. (2) The borrower pays the appraisal cost. (c) The Secretary’s decision may be appealed under section 333B of the Consolidated Farm and Rural Development Act. (d) A borrower whose loan was reduced may not apply for another reduction on that loan for 5 years after the first reduction.

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

The Secretary of Agriculture may, on the application of the borrower of a loan or loans made under sections 5136 to 5143 of this title, reduce the unpaid principal balance of such loan or loans to the current fair market value of the land purchased with the proceeds of the loan or loans if—

(1)

the fair market value of the land has declined by at least 25 percent since such land was purchased by the borrower;

(2)

the land has been held by the borrower for a period of at least 5 years; and

(3)

the Secretary of the Interior finds that the borrower has insufficient income to both repay the loan or loans and provide normal tribal governmental services.

(b) Fair market value
(1) Appraisal

Current fair market value under subsection (a) of this section shall be determined through an appraisal by an independent qualified fee appraiser, selected by mutual agreement between the borrower and the Secretary of Agriculture.

(2) Costs

The cost of appraisals undertaken under paragraph (1) shall be paid by the borrower.

(c) Appeals

Decisions of the Secretary of Agriculture under this section shall be appealable in accordance with the provisions of section 333B 1 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b).

(d) Future applications

A borrower that had a loan or loans reduced under this section shall not submit an application for another reduction on such loan or loans for a period of 5 years after the initial reduction.

Source credit: (Pub. L. 91–229, § 6, as added Pub. L. 101–82, title III, § 303, Aug. 14, 1989, 103 Stat. 583.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 91-229 · 103 Stat. 583

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-229 on 1989-08-14.

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