7 CFR §763.18
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)For the prompt payment guarantee plan, the seller must use a third party escrow agent approved by the Agency. The escrow agent will:
- (1)Provide the Agency a copy of the recorded Land Contract;
- (2)Handle transactions relating to the Land Contract between the buyer and seller;
- (3)Receive Land Contract installment payments from the buyer and send them to the seller;
- (4)Provide evidence to the Agency that property taxes are paid and insurance is kept current on the security property;
- (5)Send a notice of payment due to the buyer at least 30 days prior to the installment due date;
- (6)Notify the Agency and the seller if the buyer defaults;
- (7)Service delinquent accounts as specified in § 763.20(a);
- (8)Make demand on the Agency to pay missed payments;
- (9)Send the seller any missed payment amount paid by the Agency under the guarantee;
- (10)Notify the Agency on March 31 and September 30 of each year of the outstanding balance on the Land Contract and the status of payment; and
- (11)Perform other duties as required by State law and as agreed to by the buyer and the seller;
- (b)For the standard guarantee plan, the seller must use a third party servicing agent approved by the Agency. The servicing agent will:
- (1)Provide the Agency a copy of the recorded Land Contract;
- (2)Handle transactions relating to the Land Contract between the buyer and seller;
- (3)Receive Land Contract installment payments from the buyer and send them to the seller;
- (4)Provide evidence to the Agency that property taxes are paid and insurance is kept current on the security property;
- (5)Perform a physical inspection of the farm each year during the term of the guarantee, and provide an annual inspection report to the Agency;
- (6)Obtain from the buyer a current balance sheet, income statement, cash flow budget, and any additional information needed, perform, and provide the Agency an analysis of the buyer's financial condition on an annual basis;
- (7)Notify the Agency on March 31 and September 30 of each year of the outstanding balance on the Land Contract and the status of payment;
- (8)Send a notice of payment due to the buyer at least 30 days prior to the installment due date;
- (9)Notify the Agency and the seller if the buyer defaults;
- (10)Service delinquent accounts as specified in § 763.20(b); and
- (11)Perform other duties as required by State law and as agreed to by the buyer and the seller.