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§763.22. Negligence and negligent servicing.

7 C.F.R. § 763.22

(a)
The Agency may deny a loss claim in whole or in part due to negligence that contributed to the loss claim. This could include, but is not limited to:
(1)
The escrow and servicing agent failing to seek payment of a missed installment from the buyer within the prescribed timeframe or otherwise does not enforce the terms of the land contract;
(2)
Losing the collateral to a third party, such as a taxing authority, prior lien holder, etc;
(3)
Not performing the duties and responsibilities required of the escrow or servicing agent;
(4)
The seller's failure to disclose environmental issues; or
(5)
Any other action in violation of the land contract or guarantee agreement that does not terminate the guarantee.
(b)
[Reserved]
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.