UNITED STATES DEPARTMENT OF AGRICULTURE
Farm Service Agency
Washington, DC 20250
Direct Loan Servicing Debt
Collection and Resolution
7-FLP
Amendment 11
Approved by: Deputy Administrator, Farm Loan Programs
Amendment Transmittal
A Reasons for Amendment
Subparagraphs 81 F through H have been added because page 3-33 was inadvertently removed in
Amendment 9.
Subparagraph 202 B has been amended to add the requirement that CNC promissory notes be
retained as the borrower remains liable for the debt.
Subparagraphs 404 A and 408 A have been amended to note that debt discharged in
reorganization bankruptcy or otherwise legally without merit may be canceled by SED using
authority delegated from the Administrator on FSA-2731.
Subparagraph 405 F has been added to provide information on requesting a LexisNexis search.
Exhibit 39 has been amended to:
update examples A, B, and C to the most recent form
add example D for partial cancellation of debt discharged in reorganization bankruptcy.
Page Control Chart
TC
Text
Exhibit
3, 4
3-33 (add)
7-1, 7-2
7-3 (add)
12-13, 12-14
12-19 through 12-22
12-25, 12-26
39, pages 1-6
page 7
page 8 (add)
page 9 (add)
8-4-22 Page 1
.
Table of Contents (Continued)
Page No.
Part 10 (Reserved)
281-350 (Reserved)
Part 11 Monitoring, Servicing, and Settling Judgment Debts
351 Monitoring Judgment Debts ................................................................................ 11-1
352 Servicing FSA Debts That Are Under DOJ’s Jurisdiction .................................. 11-2
353 Servicing Judgment Debts Returned by DOJ ...................................................... 11-3
354 Debt Settlement of Judgment Debts .................................................................... 11-4
355-400 (Reserved)
Part 12 Debt Settlement
401 Overview and Authority ...................................................................................... 12-1
402 Determining If The Debt Can Be Settled ............................................................. 12-6
403 Types of Debt Settlement..................................................................................... 12-8
404 Cancellation Without Borrower/Debtor Signature (FSA-2731) .......................... 12-13
405 Debt Settlement Requested by Borrower/Debtor (FSA-2732) ............................ 12-18
406 Review Timeframes and Responsibilities ............................................................ 12-21
407 Borrower Repayment Ability ............................................................................... 12-23
408 Approval and Rejection ....................................................................................... 12-25
409 Payments and Servicing - Approved FSA-2732 .................................................. 12-30
8-4-22 7-FLP Amend. 11 TC Page 3
Table of Contents (Continued)
Exhibits
1 Reports, Forms, Abbreviations, and Redelegations of Authority
2 Definitions of Terms Used in This Handbook
3 (Reserved)
4 State Supplements
5, 6 (Reserved)
7 Example of Due Process Letter to Refer Debt to Treasury for TOP, Cross-Servicing, and
AWG
8 Reviewing Alternative Repayment Agreements (ARA’s)
9-11 (Reserved)
12 Review and Determination for Pro Rata Offset
13 Reconsideration Review, Mediation and NAD Appeal
14-16 (Reserved)
17 Timeframe for Quarterly Referrals to TOP
18 TOP Offset Programmatic Delete Codes
19 TOP Offset Manual Online Screen Delete Codes
20 TOP Offset Online Screens
21-28 (Reserved)
29 AWG Reference Guide for LSPMD
30-33 (Reserved)
34 Approving Debt Settlements Under FCCS
35 Optional Guide to Document Asset Search
36-38 (Reserved)
39 Completed Examples of FSA-2731, Cancellation of Debt Without Application, and
FSA-2731A, Cancellation of Debt Without Application (Continuation)
10-26-20 7-FLP Amend. 9 TC Page 4
Par. 81
81 Offset Procedures, Reports, Automation (Continued)
*--F Reports
For relevant reports, refer to the following:
63-FI, paragraph 178 for FWADM Active Other Agency Offset Profiles Report
64-FI, paragraph 82 for a list of FWADM reports in NRRS
1-FLP, Part 3 for DLS, GLS, FOCUS, and Data Mart
3-PL (Rev. 2), Part 8 for delinquent debt determinations in web subsidiary:
subparagraph 305 N for a list of all delinquent debtors
paragraph 303 for a specific borrower.
Note: For guidance on accessing FWADM, see 1-FI, Part 8.
G FSAFS, NRRS and NPS
FSAFS is used to establish, modify, and cancel “Other Agency Debt” indicators to offset FP
program payments to collect delinquent FLP debt. See 63-FI, Part 5.
NRRS is used for remittances and receipts, and to refund offset collections received for FLP
debt when needed. See 64-FI, Part 5.
NPS is used to process FP program payments and internal administrative offsets to collect
delinquent FLP debt. See 1-FI, subparagraphs 98 B and G.
H Canceling Offset
The authorized agency official will notify the State Office to remove a borrower from
internal administrative offset, TOP (Part 4), and cross-servicing (Part 8), as applicable, when
a delinquent debt is either of the following:
has been resolved according to subparagraph 63 B
is no longer eligible for other reasons such as bankruptcy, or a determination that offset is
not feasible according to subparagraph 63 A.
Note: To unlink 1 or more co-borrowers, see subparagraph 104 A.--*
82-100 (Reserved)
8-4-22 7-FLP Amend. 11 Page 3-33
.
Par. 201
Part 7 Servicing Unsecured Account Balances and CNC Classification
201 Servicing Requirements for Unsecured Account Balances
A Issuing FSA-2716 and FSA-2717
After all security has been liquidated, and all proceeds have been applied to the account, the
authorized agency official will send FSA-2716 and FSA-2732 to all liable borrowers.
In cases of voluntary liquidation and/or third party foreclosures, FSA loans might not have
been delinquent at the time of sale. As appropriate, the authorized agency official will ensure
that all applicable loan servicing and offset notices are sent according to Parts 2, 3, and 4.
For conveyance and according to 5-FLP, subparagraphs 497 A and 517 A, the authorized
agency official can accept a borrower’s conveyance offer and deny a borrower’s debt
settlement request that was submitted with the conveyance offer. In these cases, after all
appeal rights have been concluded and the conveyance has been processed, the authorized
agency official will send FSA-2717 to all liable borrowers for any remaining account
balance.
If FSA loans were not delinquent at the time of conveyance, the authorized agency official
will ensure that all applicable offset notices are sent according to Parts 2, 3, and 4.
*--Note: If the account has not been accelerated or is not fully matured, see 5-FLP Part 15 to
determine if 5-FLP Exhibit 48 must be sent.--*
B Continued Servicing
The authorized agency official will determine whether the debt can be classified as CNC if
borrowers do not:
pay the debt in full or submit a completed FSA-2732 within 30 calendar days of the date
on FSA-2716
pay the debt in full within 30 calendar days of the date on FSA-2717.
Internal administrative offset, TOP, and Federal salary offset will continue until the
delinquency is cured.
C No Remaining Liable Borrowers
If there is a remaining account balance and there are no liable borrowers for the debt because
of bankruptcy discharge, death, etc., the authorized agency official will prepare FSA-2731
recommending cancellation according to Part 12.
12-28-17 7-FLP Amend. 7 Page 7-1
Par. 202
202 CNC Classification
A Required Notification Before CNC
Before classifying debt as CNC, borrowers must have received the following:
all applicable loan servicing notices
FSA-2701, FSA-2702, FSA-2703, FSA-2704, or previous authorized form, as applicable
60-day due process letter (Exhibit 7) sent as part of the TOP screening procedure in Part 4
FSA-2716 or FSA-2717 or previous authorized form, as applicable
acceleration notice unless all accounts have been fully matured.
Note: See 5-FLP, Part 15 for acceleration process.
If State law considers voluntary conveyance offers and the completion of
FSA-2732 as the borrower’s acknowledgment that the debt is fully due and
payable, an Acceleration Notice is not required. SED should work with OGC on
State supplement if needed.
Any applicable timeframes about the information in this part must have expired
and all security liquidated, conveyed, released, or otherwise resolved.
B Determining CNC Eligibility and Classification Processing
The authorized agency official will:
use FSA-2720 to determine CNC eligibility
submit CNC eligible debt on FSA-2720 to the State Office through DD
ensure that eligible debts are classified CNC using transaction code 3K, class of write off
code 5
*--ensure that original promissory notes are retained in a fireproof cabinet or fireproof safe
Note: A CNC classification is not a debt settlement. The promissory notes are needed to
prove continued liability for the debt.--*
ensure that CNC debt is referred to cross-servicing for collection according to Part 8.
Note: See restrictions for CNC associated with discrimination complaints in 1-FLP,
subparagraph 41 K.
8-4-22 7-FLP Amend. 11 Page 7-2
Par. 202
202 CNC Classification (Continued)
C Servicing Debts Not Eligible for CNC
The authorized agency official will:
determine whether the debt can be debt settled according to Part 12
monitor debt that is not eligible for CNC or debt settlement until it:
becomes eligible for CNC
is paid in full
is debt settled, or otherwise resolved.
203-220 (Reserved)
8-4-22 7-FLP Amend. 11 Page 7-3
.
Par. 404
404 Cancellation Without Borrower/Debtor Signature (FSA-2731)
A Overview
When cancellation of debt does not require borrower’s signature, agency officials will cancel
the debt using FSA-2731. Borrower signature is not required as follows:
all debt returned from cross-servicing as uncollectible
all debt returned from cross-servicing after paying compromise or adjustment offer
(subparagraph C)
*--obligor has been discharged of the debt under Chapter 7 bankruptcy and there is no
remaining FSA security, or reorganization bankruptcy (Chapter 11, 12, or 13) when a
final order of discharge has been issued by the court
Note: See subparagraph 408 A for partial debt settlement exception authority for
reorganization bankruptcy.--*
obligor is deceased or defunct and there are no assets from which FSA can collect
DOJ settlement negotiated instead of foreclosure or judgment, plea agreement, or the
remaining balance of the debt is not covered by the judgment and determined by OGC
to be legally without merit
*--Note: See subparagraph 408 A for partial debt settlement exception authority.
OGC has determined that the debt is legally without merit--*
DOJ, Civil Division settlement because of prior debt forgiveness with outstanding
principal of $100,000 or greater (Exhibit 34)
cancellation of judgment debt unless borrower requests cancellation according to
paragraph 405
* * *
obligor signature cannot be obtained or has disappeared.
Note: FSA-2731 may be used in conjunction with FSA-2732 for any borrower who is not
required to submit a signed application.
For CFR procedure/authority references, see subparagraph 403 D.
8-4-22 7-FLP Amend. 11 Page 12-13
Par. 404
*--404 Cancellation without Borrower/Debtor Signature (FSA-2731) (Continued)--*
B Documentation Needed
Except for debt returned from cross-servicing, (see subparagraph C) the following
documentation is needed to cancel debt without borrower/debtor signature.
FSA-2731 and the following, if applicable, for:
debts legally without merit, written OGC determination
deceased debtors (FSA-2490)
bankruptcy cases:
Chapter 7 attach a copy of the “Discharge of Debtor” order(s) by the court for
all obligors
Chapters 11, 12, and 13 unsecured claims:
organization plan (Chapter 11)
reorganization plan (Chapters 12 and 13)
confirmation order by the court confirming the plan
order completing the plan (a similar order)
written opinion by OGC that the confirming order has discharged the
obligor(s) of liability for that part of the debt.
Note: See Exhibit 39 for completed examples of FSA-2731 and FSA-2731A.
10-26-20 7-FLP Amend. 9 Page 12-14
Par. 405
405 Debt Settlement Requested by Borrower/Debtor (FSA-2732) (Continued)
A Information Needed (Continued)
FSA-2014, or other written verification of non-farm income
Note: Verification of a non-debtor spouse income is also needed for consideration in
meeting family living expenses.
Federal income tax returns for the last 3 years
other information required to obtain a clear understanding of each borrower’s financial
condition.
*--Notes: FSA-2731 may be used in conjunction with FSA-2732 for any borrower/debtor not
required to submit a signed application.
For accounts where the last remaining liable debtor is deceased and the FSA-2490
indicates that FSA will be filing a claim, the applicable information needed for debt
settlement can be provided by the administrator or executor of the Estate, heir, or
other authorized person who can sign FSA-2732. FSA-2490 will be attached to
FSA-2735 or FSA-2732.
Exception: According to 7 CFR 761.404(b)(3) in cases where the full amount of the
unsecured debt cannot be collected in a reasonable time by legal or enforced
collection proceedings, FSA may consider a debt settlement offer submitted
by a borrower without requiring complete financial information. OGC written
concurrence must be obtained in these cases. However, National Office
concurrence is not needed. See subparagraph 403 D.--*
B Continued Collection
Borrowers may request debt settlement before the debt is referred to Treasury’s cross-
servicing program (Part 8) pursuant to 7 CFR part 3 and 31 CFR part 285.
*--DCIA and the CONACT provide specific timeframes during which a borrower can request
debt settlement. They are listed in subparagraph 408 A. When borrowers apply for debt
settlement during those timeframes, FSA generally suspends the next pending collection
action so the application can be considered.
When an application is submitted outside of those timeframes, it does not prevent, suspend,
or delay collection activities required by the CONACT or DCIA, including but not limited--*
to administrative offset, and salary offset. These collections will continue while FSA verifies
and reviews the financial information submitted with the debt settlement request.
10-26-20 7-FLP Amend. 9 Page 12-19
Par. 405
405 Debt Settlement Requested by Borrower/Debtor (FSA-2732) (Continued)
C Debt That Can Be Settled
See paragraph 402.
D Eligible Debtors
[7 CFR 761.404(a)] A borrower is eligible for debt settlement if the borrower:
(1) Meets the requirements for the particular type of debt settlement under this part
(paragraph 403); and
(2) Submits a complete application for debt settlement as specified in § 761.405
(subparagraph 405A).
[7 CFR 761.404(c)] A borrower is not eligible for debt settlement if:
(1) The borrower is indebted on another active FLP loan that the borrower cannot
or will not debt settle; or
*--Note: SED is authorized to approve the partial cancellation of debt only as
authorized under subparagraph 408 A.--*
(2) The debt has been referred to the OIG, OGC, or Justice because of suspected
civil or criminal violation, unless investigation was declined or advice was provided that
the debt can be canceled, compromised, or adjusted.
E CFR
For CFR procedure/authority references to use on FSA-2733, item 4B, see paragraph 403.
*--F LexisNexis
LexisNexis provides computer-assisted legal, business, and risk management research
services. Its Accurint system provides efficient search technology to locate real estate
transactions and ownership data; lien, judgment, and bankruptcy records; as well as
professional license information and historical addresses. Additionally, its Courtlink system
provides for online searches of more than 1,250 Federal and State court dockets.
Upon FLC recommendation, SED may request LSPMD obtain a LexisNexis Accurint report
for the following types of delinquent borrowers:
complex cases involving FSA adverse action proceedings, where it is likely that a
borrower may have significant assets outside of the servicing official’s normal servicing
area
Note: Requests within the normal servicing area may be considered if the area covers
multiple counties and it is not cost-effective for agency officials to complete the
asset search based upon travel and inability to complete online searches for local
records.--*
8-4-22 7-FLP Amend. 11 Page 12-20
Par. 405
405 Debt Settlement Requested by Borrower/Debtor (FSA-2732) (Continued)
*--F LexisNexis (Continued)
large monetary or complex debt settlement applications
restructures where FSA will not be fully secured
disappeared borrowers where FSA efforts have not been successful as provided in 5-FLP,
subparagraph 67 C. The FBP running case record must detail the unsuccessful efforts
previously taken by servicing officials.
Note: Requests should not be made for routine servicing actions.
All requests must include a detailed statement of need and background of the borrower’s
FSA servicing actions.
Note: Unless OGC provides a written opinion in support of a search, FSA should not
request asset searches for borrowers who filed bankruptcy, as the bankruptcy records
contain a detailed list of the borrower’s assets.
SED must submit a request by email to DAFLP at SM.FSA.DCWa2.ADmException or
[email protected]. The email subject should read “LexisNexis – (Borrower’s
Name and State)”.--*
406 Review Timeframes and Responsibilities
A FLM
Within 30 calendar days, FLM will review all relevant information and forward to DD, a
debt settlement package containing the following:
memorandum with FLMs recommendation
FSA-2732 and any applicable forms:
FSA-2735
FSA-2737
FSA-2731 for co-debtors who are not required to sign FSA-2732 and FSA-2735
FSA-2490 for deceased borrowers
FSA-2080 for release of liability.
Note: Any related release of liability, such as a withdrawing joint obligor, must be
approved using FSA-2080, and the transaction must be correctly processed before
processing any approved debt settlement. This will ensure that the withdrawing
joint obligor does not receive IRS Form 1099-C. For additional information, see
4-FLP, Part 8; 4-FLP, paragraphs 231 and 251; and 5-FLP, paragraph 84.
8-4-22 7-FLP Amend. 11 Page 12-21
Par. 406
406 Review Timeframes and Responsibilities (Continued)
A FLM (Continued)
FSA-2733 and supporting documentation, including asset investigation
Note: Exhibit 35 may be used as an optional guide to document asset investigation
and/or search (item 14A on FSA-2733).
relevant and applicable servicing office files.
B DD
Within 30 calendar days of receiving the debt settlement package, or within 60 calendar days
of the borrower submitting all needed information (whichever is less), the DD will:
review the case file
sign FSA-2733
forward the debt settlement package to the State Office.
C State Office
Within 30 calendar days of receiving the debt settlement package, or within 90 calendar days
of the borrower submitting all needed information (whichever is less):
FLP State Office Review Official and Farm Loan Chief will review the debt
settlement package and sign FSA-2733, before it is presented to SED
SED will sign all applicable forms and letters to:
approve the borrower’s request for debt settlement, or
deny/reject the borrower’s request and provide appeal rights, or
recommend the debt settlement be approved by the Administrator or DOJ.
D Referrals to DOJ and FLP National Office
Referrals to:
DOJ will be processed according to Exhibit 34
DAFLP to use the Administrator’s approval authority will include:
the memorandum from SED recommending approval
the debt settlement package
a legal opinion from the Regional Attorney addressing the statute of limitations, if
applicable
any additional information requested by DAFLP and/or the Administrator.
8-4-22 7-FLP Amend. 11 Page 12-22
Par. 407
407 Borrower Repayment Ability (Continued)
D Negotiating Settlement
Debtors have the right to make voluntary settlement offers in any amount should they elect to
do so.
When negotiating a settlement, the following will be discussed to assist the debtor:
repayment ability and a debt settlement amount (subparagraph B) that is based on the
financial documentation (subparagraph 405 A)
types of settlement (paragraph 403)
if collection is likely through cross-servicing, the 20 to 30 percent collection fee charged
by Treasury and it’s PCA’s
any other relevant information such as unaccounted for security
in cases where the account has been accelerated and all security has been liquidated, for
adjustment offers the payments will be applied to principle before interest.
Note: See subparagraph 409 E for additional information about adjustment payments.
408 Approval and Rejection
A Approval/Rejection Authority
SED’s may delegate to FLC, FLS, DD, FLM, and/or SFLO the authority to reject debt
settlement requests only in cases where debtors do not provide all necessary
documentation/information. Appeal rights must be provided with the rejection letter.
SED may approve or reject:
cancellations of accounts where all obligors are properly included on FSA-2731 or were
previously released using FSA-2080, without regard to the size of the debt, unless there
was a previous debt forgiveness
Note: For previous debt forgiveness, see Exhibit 34.
8-4-22 7-FLP Amend. 11 Page 12-25
Par. 408
408 Approval and Rejection (Continued)
A Approval/Rejection Authority (Continued)
*--partial cancellation of debt
Note: FSA-2731 provides SED with exception authority to approve partial cancellation
as set forth with either of the following:
when at least 1 obligor has been discharged in a reorganization bankruptcy and
any obligor not included in the discharge otherwise meet the requirements of
FSA-2731
for a DOJ settlement or when OGC determines that the debt is legally without
merit when the settlement or opinion covers at least 1 obligor and obligors not
included in the settlement or opinion otherwise meet the requirements of
FSA-2731.
Note: FLC will ensure that the most recent FSA-2731 is being used.--*
proposed debt settlements that require using FSA-2732 (with or without FSA-2731) when
the outstanding balance of the indebtedness involved in the settlement, less the amount of
any compromise or adjustment offer, is less than $1 million, including principal, interest,
and other charges.
*--Note: SED may not approve partial cancellation of debt using FSA-2732 without an
Administrator’s exception.--*
The Administrator or designee must approve or reject debt settlements that require using
FSA-2732 (with or without FSA-2731) when the outstanding balance of the indebtedness
involved in the settlement, less the amount of any compromise or adjustment offer, is
$1 million or more, including principal, interest, and other charges.
When FSA-2731 is used with FSA-2732, the settlement code for the account (3K transaction)
will be for the settlement approved on FSA-2732. Settlement of the debt will be approved on
FSA-2732.
CONACT and DCIA notification letters generally allow borrowers to apply for debt
settlement within 30 or 60 calendar days as follows:
FSA-2510 and FSA-2514 provide 60 calendar days
FSA-2716 provides 30 calendar days
Exhibit 7 due process letter to refer debt to Treasury provides 60 calendar days.
If an incomplete debt settlement application is submitted in response to the above forms, the
authorized agency official will notify the borrower how many days remain for the borrower
to submit the missing information according to the applicable timeframes. And based on the
information that was submitted, may authorize up to an additional 30 calendar days to submit
the needed information or a new/revised offer depending on the circumstances of the case.
8-4-22 7-FLP Amend. 11 Page 12-26
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation)
A Example 1
In the following completed example of FSA-2731, the borrowers have been returned from
cross-servicing and the co-borrower is liable for all debt.
*--
--*
8-4-22 7-FLP Amend. 11 Page 1
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
A Example 1 (Continued)
*--
--*
8-4-22 7-FLP Amend. 11 Page 2
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
B Example 2
In the following completed examples of FSA-2731 and FSA-2731A, the borrower is an entity.
The entity and all of the members of the entity, except 2, were discharged from Chapter 7
Bankruptcy. Of the 2 not discharged from bankruptcy, 1 member is deceased and 1 member
resides in a nursing home and is incapacitated. In addition, 1 member was liable for only 1 loan.
*--
--*
8-4-22 7-FLP Amend. 11 Page 3
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
B Example 2 (Continued)
*--
--*
8-4-22 7-FLP Amend. 11 Page 4
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
B Example 2 (Continued)
*--
--*
8-4-22 7-FLP Amend. 11 Page 5
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
C Example 3
In the following completed example of FSA-2731, the primary borrower was discharged from
Chapter 7 Bankruptcy. The co-borrower, who did not file bankruptcy, subsequently requested
debt settlement and has submitted FSA-2732.
*--
--*
8-4-22 7-FLP Amend. 11 Page 6
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
C Example 3 (Continued)
*--
--*
8-4-22 7-FLP Amend. 11 Page 7
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
*--D Example 4
In the following completed example of FSA-2731, 1 borrower was discharged of a portion of the
debt in reorganization bankruptcy (Chapter 13 in this case) and the other is deceased.
--*
8-4-22 7-FLP Amend. 11 Page 8
Exhibit 39
(Par. 404)
Completed Examples of FSA-2731, Cancellation of Debt Without Application, and FSA-2731A,
Cancellation of Debt Without Application (Continuation) (Continued)
*--D Example 4 (Continued)
--*
8-4-22 7-FLP Amend. 11 Page 9
.