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Home Foreclosures: 7 C.F.R. § 3555.304 Special servicing options

(a) General.

(1) Lenders must exhaust traditional servicing options outlined in this part or have determined that use of traditional servicing options would not resolve the delinquency, prior to special servicing options. Lenders must exhaust special servicing options prior to liquidation in accordance with §§ 3555.305 or 3555.306.

(2) Use of special loan servicing does not change the terms of the loan note guarantee.

Home Foreclosures: 7 C.F.R. § 3555.305 Voluntary liquidation

The lender must have exhausted the servicing options outlined in §§ 3555.302 through 3555.304 to cure the delinquency before considering voluntary liquidation. The methods of voluntary liquidation of the security property outlined in this section may be used to protect the interests of the Government.

(a) Eligibility. To be eligible for voluntary liquidation, the following conditions must be met:

Home Foreclosures: 7 C.F.R. § 3555.4 Mediation and appeals

Whenever Rural Development makes a decision that will adversely affect a participant, the participant may proceed with alternative dispute resolution including mediation and a USDA National Appeals Division hearing in accordance with 7 CFR parts 1 and 11. The participant also may request an informal review of the adverse decision made by Rural Development. Except when the adverse decision applies to a loss claim, the applicant or borrower and the lender may participate in the appeal process.

Home Foreclosures: 7 C.F.R. § 3555.306 Liquidation

(a) General.

(1) When a lender determines that a borrower is unable or unwilling to meet loan obligations with servicing options under this subpart, the lender must accelerate the guaranteed loan and, if necessary, foreclose.

(2) Prior to acceleration the lender must have advised the borrower, in writing, of available foreclosure avoidance options and the borrower must have failed to request such options.

Home Foreclosures: 7 C.F.R. § 3555.307 Assistance in natural disasters

(a) Policy. Servicers must utilize general procedures available under this subpart for servicing borrowers affected by natural disasters, as supplemented by Rural Development, to minimize delinquencies and avoid foreclosure.

(b) Evaluating the damage. Servicers are expected to inspect a security property whenever they have reason to believe the property has been damaged.

Home Foreclosures: 7 C.F.R. § 3555.301 General servicing techniques

In accordance with industry standards and as provided by the Agency:

(a) Prompt action. Lenders shall take prompt action to collect overdue amounts from borrowers to bring a delinquent loan current in as short a time as possible to avoid foreclosure to the extent possible and minimize losses.

Home Foreclosures: 7 C.F.R. § 3555.302 Protective advances

Lenders may pay the following preliquidation expenses necessary to protect the security property and charge the cost against the borrower’s account.

(a) Advances for taxes and insurance. Without prior Agency concurrence, lenders may advance funds to pay past due real estate taxes, hazard and flood insurance premiums, and other related costs.

Automobile Fraud: G.3 Sample Jury Trial Documents

The digital version of this treatise contains a large number of sample jury trial documents, generally available in Microsoft Word format. These jury trial documents are intended solely as examples to be adapted to the facts and circumstances of a particular case and to the requirements of local rules and practices.

Automobile Fraud: G.4 Sample Motions and Briefs

The digital version of this treatise contains a number of sample motions and briefs, generally available in Microsoft Word format. The briefs are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice.

Automobile Fraud: G.5 Sample Class Action Pleadings

The digital version of this treatise contains a number of sample class action pleadings for use in odometer rollback and other automobile fraud cases, generally available in Microsoft Word format. The pleadings are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice. For other types of class action pleadings, see the pleadings in the companion material accompanying the digital version of NCLC’s Consumer Class Actions.32

Automobile Fraud: G.6 Sample Attorney Fee Documents

The digital version of this treatise contains sample attorney fee documents, generally available in Microsoft Word format. The attorney fee documents are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice.

Automobile Fraud: G.1 Sample Complaints

The digital version of this treatise contains over twenty sample complaints, generally available in Microsoft Word format. The complaints are intended solely for purposes of demonstration and must be adapted by a competent professional to meet actual needs and local practice.

Automobile Fraud: G.2 Sample Discovery

The digital version of this treatise contains a large number of sample discovery documents, generally available in Microsoft Word format. These discovery forms are intended solely as examples to be adapted to the facts and circumstances of a particular case and to the requirements of local rules and practices.

Home Foreclosures: B.6 Rural Development Administrative Notices, Letters and Handbooks

RHS provides instruction to lenders and servicers of Section 502 Single-Family Housing Program guaranteed loans, and information on the agency’s direct loans, through Administrative Notices, Letters, and Handbooks. In originating and servicing Section 502 Direct Loans, the agency’s staff and its servicer will follow the guidelines in the Handbooks:

Consumer Bankruptcy Law and Practice: Rule 2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals

(a) RECORD TO BE KEPT. The clerk shall maintain a public record listing fees awarded by the court (1) to trustees and attorneys, accountants, appraisers, auctioneers and other professionals employed by trustees, and (2) to examiners. The record shall include the name and docket number of the case, the name of the individual or firm receiving the fee and the amount of the fee awarded. The record shall be maintained chronologically and shall be kept current and open to examination by the public without charge.

Consumer Bankruptcy Law and Practice: Rule 2014. Employment of Professional Persons

(a) APPLICATION FOR AN ORDER OF EMPLOYMENT. An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents, or other professionals pursuant to § 327, § 1103, or § 1114 of the Code shall be made only on application of the trustee or committee. The application shall be filed and, unless the case is a chapter 9 municipality case, a copy of the application shall be transmitted by the applicant to the United States trustee.

Consumer Bankruptcy Law and Practice: Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status

(a) Trustee or Debtor in Possession. A trustee or debtor in possession shall:

(1) in a chapter 7 liquidation case and, if the court directs, in a chapter 11 reorganization case (other than under subchapter V), file and transmit to the United States trustee a complete inventory of the property of the debtor within 30 days after qualifying as a trustee or debtor in possession, unless such an inventory has already been filed;

Consumer Bankruptcy Law and Practice: Rule 2015.2. Transfer of Patient in Health Care Business Case

Unless the court orders otherwise, if the debtor is a health care business, the trustee may not transfer a patient to another health care business under § 704(a)(12) of the Code unless the trustee gives at least 14 days’ notice of the transfer to the patient care ombudsman, if any, the patient, and any family member or other contact person whose name and address has been given to the trustee or the debtor for the purpose of providing information regarding the patient’s health care. The notice is subject to applicable nonbankruptcy law relating to patient privacy.

Consumer Bankruptcy Law and Practice: Rule 2015.3. Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest

(a) REPORTING REQUIREMENT. In a chapter 11 case, the trustee or debtor in possession shall file periodic financial reports of the value, operations, and profitability of each entity that is not a publicly traded corporation or a debtor in a case under title 11, and in which the estate holds a substantial or controlling interest. The reports shall be prepared as prescribed by the appropriate Official Form, and shall be based upon the most recent information reasonably available to the trustee or debtor in possession.

Consumer Bankruptcy Law and Practice: Rule 2017. Examination of Debtor’s Transactions with Debtor’s Attorney

(a) PAYMENT OR TRANSFER TO ATTORNEY BEFORE ORDER FOR RELIEF. On motion by any party in interest or on the court’s own initiative, the court after notice and a hearing may determine whether any payment of money or any transfer of property by the debtor, made directly or indirectly and in contemplation of the filing of a petition under the Code by or against the debtor or before entry of the order for relief in an involuntary case, to an attorney for services rendered or to be rendered is excessive.