Current through October 31, 2024
Section 769.123 - Transfer and assumption(a) All transfers and assumptions must be approved in advance in writing by the Agency. The assuming entity must meet all eligibility criteria for the HFIL Loan Program.(b) Available transfer and assumption options to eligible intermediary lenders include the following: (1) The total indebtedness may be transferred to another eligible intermediary lender on the same terms; or(2) The total indebtedness may be transferred to another eligible intermediary lender on different terms not to exceed the term for which an initial loan can be made. The assuming entity must meet all eligibility criteria for the HFIL Loan Program.(c) The transferor must prepare the transfer document for the Agency review prior to the transfer and assumption.(d) The transferee must provide the Agency with information required in the application as specified in § 769.109 .(e) The Agency prepared assumption agreement will contain the Agency case number of the transferor and transferee.(f) The transferee must complete an application as specified in § 769.109(a) .(g) When the transferee makes a cash down-payment in connection with the transfer and assumption, any proceeds received by the transferor will be credited on the transferor's loan debt in order of maturity date.(h) The Administrator or designee will approve or decline all transfers and assumptions.