Public-domain · open source
OpenJurist

42 U.S.C. § 1475

Section 1475 · Loan payment moratorium and foreclosure procedures

Amended 2 times on record

Applied in 26 court decisions — leading case Johnson v. United States Department of Agriculture (1984)

Most recently applied in 538 F. App'x 644 - Laura Sheldon v. Thomas Vilsack (August 2013)

How often courts cite this section

1949196019802000201350ch. 338enacted · 1949 · ch. 338Johnson v. United States Department of Agricultureleading · 1984 · Johnson v. United States Department of Agricultureamended · 1990 · 101-625
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Moratorium

During any time that any such loan is outstanding, the Secretary is authorized under regulations to be prescribed by him to grant a moratorium upon the payment of interest and principal on such loan for so long a period as he deems necessary, upon a showing by the borrower that due to circumstances beyond his control, he is unable to continue making payments of such principal and interest when due without unduly impairing his standard of living. In cases of extreme hardship under the foregoing circumstances, the Secretary is further authorized to cancel interest due and payable on such loans during the moratorium. Should any foreclosure of such a mortgage securing such a loan upon which a moratorium has been granted occur, no deficiency judgment shall be taken against the mortgagor if he shall have faithfully tried to meet his obligation.

(b) Foreclosure procedures

In foreclosing on any mortgage held by the Secretary under this subchapter, the Secretary shall follow the foreclosure procedures of the State in which the property involved is located to the extent such procedures are more favorable to the borrower than the foreclosure procedures that would otherwise be followed by the Secretary. This subsection shall be subject to the availability of amounts approved in appropriations Acts, to the extent additional budget authority is necessary to carry out this subsection.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

1990—Pub. L. 101–625 amended section catchline generally, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

/42/usc/1475 · .json · Public domain