7 U.S.C. § 1006b — Cancellation of entry or purchase upon loan default; entry or resale; conditions; satisfaction of indebtedness
submitted 77 years ago by ch. 697 to r/title-7-AGRICULTURE · 291 words · no verdicts yet
A land entry or purchase connected to a loan may be canceled after a mortgage default. After cancellation or surrender, the land is generally limited to eligible original entrants or purchasers, and if no one qualifies within one year, the Secretary of Agriculture may dispose of it to satisfy the debt.
An entry or purchase contract for land financed under this section and section 1006a may be canceled by the Secretary of the Interior as existing law allows, or at the Secretary of Agriculture’s request, when the mortgage terms, conditions, promises, or obligations are broken.
After the entry or purchase contract is canceled or surrendered, land with a mortgage lien under those sections may, unless the later exception applies, be opened for entry or resale only to people eligible both for an original entry or purchase contract and for an original loan. The entry or resale remains subject to the unpaid amounts owed to the United States for the land, or the portion of those amounts that the Secretaries of Agriculture and the Interior, or their delegates, decide the entrant or purchaser can pay based on the land’s long-term earning ability.
If no entry or purchase occurs within one year after the earlier entry or purchase of lien-covered land is canceled or surrendered, the Secretary of Agriculture must dispose of the land on terms consistent with section 1017 of this title to satisfy the mortgage debt. The land remains subject to other outstanding charges owed to the United States. The purchaser may receive a patent or deed after meeting all requirements for paying those charges.
Any entry or purchase contract land with respect to which a loan is made under the authority of this section and section 1006a of this title shall be subject to cancellation by the Secretary of the Interior as provided by existing law or upon request of the Secretary of Agriculture whenever default occurs in the terms, conditions, covenants, or obligations contained in the mortgage. After cancellation or relinquishment of an entry or purchase contract, land on which there is a mortgage lien, pursuant to the provisions of said sections, shall thereafter, except as hereinafter provided, only be open to entry or resale to persons eligible for both an original entry or purchase contract and an original loan. Such entry or resale shall be subject to the outstanding balance of any amounts due the United States with respect to such land or such portion thereof as may be determined by the Secretary of Agriculture and the Secretary of the Interior, or their delegates, to be within the entryman’s or purchaser’s ability to pay on the basis of the long-time earning capacity of the land. If no entry or purchase is made within one year after the cancellation or relinquishment of a prior entry or purchase of land on which there is such a mortgage lien, the land shall be disposed of by the Secretary of Agriculture on terms consistent with the provisions of section 1017 1 of this title, for the satisfaction of the indebtedness secured by the mortgage, subject, however, to other outstanding charges on the land due the United States, and the purchaser of such land shall be entitled to the issuance of patent or deed upon the completion of all requirements with respect to the payment of such charges.
Source credit: (Oct. 19, 1949, ch. 697, § 2, 63 Stat. 883.)
- 1949Enacted · Act of Oct. 19, 1949, ch. 697 · 63 Stat. 883
A history note hasn’t been published yet. The record shows enactment by ch. 697 on 1949-10-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case