Dennis and Dorinda J. Jelle - Page 4




                                        - 4 -                                         
          situation and to consider payment alternatives.  Between 1991 and           
          1996, petitioners explored with Mr. Guenther two alternatives to            
          foreclosure of the FmHA mortgages.  The first of these options              
          involved a debt restructuring, and the second entailed a buyout             
          of the mortgages by petitioners at net recovery value.  Net                 
          recovery value was calculated as the amount that would be                   
          realized from liquidation of the mortgaged collateral, reduced by           
          prior liens and certain costs.                                              
               In April and May of 1996, FmHA advised petitioners that they           
          did not qualify for debt restructuring, that FmHA intended to               
          foreclose on its mortgages, and that petitioners could avoid                
          foreclosure by buying out the FmHA loans at net recovery value.             
          A Debt and Loan Restructuring System Analysis Report, dated April           
          18, 1996, contained the following language:  “You may buy out               
          your FmHA loans for the Net Recovery Value of $92,057.00. * * *             
          If you pay the Net Recovery Value, any remaining balance on your            
          FmHA accounts will be written off.  The debt written off may be             
          subject to recapture.”  A Notice of Intent To Accelerate or To              
          Continue Acceleration and Notice of Borrowers’ Rights, dated May            
          6, 1996, further detailed the terms of these arrangements and               
          informed petitioners:                                                       
               If you are eligible and pay the recovery value, FmHA                   
               will write off the rest of your debt up to $300,000.                   
               If you are eligible to pay the recovery value, FmHA                    
               will require you to sign a recapture agreement.  This                  
               agreement would allow FmHA to require you to pay the                   
               difference between the recovery value and the current                  





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