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§763.18. General servicing responsibilities.

7 C.F.R. § 763.18

(a)
For the prompt payment guarantee plan, the seller must use a third party escrow agent approved by the Agency. The escrow agent will:
(1)
Provide the Agency a copy of the recorded Land Contract;
(2)
Handle transactions relating to the Land Contract between the buyer and seller;
(3)
Receive Land Contract installment payments from the buyer and send them to the seller;
(4)
Provide evidence to the Agency that property taxes are paid and insurance is kept current on the security property;
(5)
Send a notice of payment due to the buyer at least 30 days prior to the installment due date;
(6)
Notify the Agency and the seller if the buyer defaults;
(7)
Service delinquent accounts as specified in § 763.20(a);
(8)
Make demand on the Agency to pay missed payments;
(9)
Send the seller any missed payment amount paid by the Agency under the guarantee;
(10)
Notify the Agency on March 31 and September 30 of each year of the outstanding balance on the Land Contract and the status of payment; and
(11)
Perform other duties as required by State law and as agreed to by the buyer and the seller;
(b)
For the standard guarantee plan, the seller must use a third party servicing agent approved by the Agency. The servicing agent will:
(1)
Provide the Agency a copy of the recorded Land Contract;
(2)
Handle transactions relating to the Land Contract between the buyer and seller;
(3)
Receive Land Contract installment payments from the buyer and send them to the seller;
(4)
Provide evidence to the Agency that property taxes are paid and insurance is kept current on the security property;
(5)
Perform a physical inspection of the farm each year during the term of the guarantee, and provide an annual inspection report to the Agency;
(6)
Obtain from the buyer a current balance sheet, income statement, cash flow budget, and any additional information needed, perform, and provide the Agency an analysis of the buyer's financial condition on an annual basis;
(7)
Notify the Agency on March 31 and September 30 of each year of the outstanding balance on the Land Contract and the status of payment;
(8)
Send a notice of payment due to the buyer at least 30 days prior to the installment due date;
(9)
Notify the Agency and the seller if the buyer defaults;
(10)
Service delinquent accounts as specified in § 763.20(b); and
(11)
Perform other duties as required by State law and as agreed to by the buyer and the seller.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 501 and 7 U.S.C. 1989.

Source

Source: 76 FR 75430, Dec. 2, 2011, unless otherwise noted.