All or any portion of a loan guaranteed or insured under this subchapter, including the security given for the loan—
(1) may be transferred by the lender by sale or assignment to any person; and
(2) may be retransferred by the transferee.
With respect to a transfer described in subsection (a)—
(1) the transfer shall be consistent with such regulations as the Secretary shall promulgate under subsection (h); and
(2) the transferee shall give notice of the transfer to the Secretary.
The full faith and credit of the United States is pledged to the payment of all loan guarantees and loan insurance made under this subchapter after December 13, 2002.
Except as provided in regulations in effect on the date on which a loan is made, the validity of a guarantee or insurance of a loan under this subchapter shall be incontestable.
Notwithstanding section 3302 of title 31, the Secretary may recover from a lender of a loan under this subchapter any damages suffered by the Secretary as a result of a material breach of the obligations of the lender with respect to a guarantee or insurance by the Secretary of the loan.
The Secretary may collect a fee for any loan or guaranteed or insured portion of a loan that is transferred in accordance with this section.
A fiscal transfer agent designated under subsection (f) may be compensated through any of the fees assessed under this section and any interest earned on any funds or fees collected by the fiscal transfer agent while the funds or fees are in the control of the fiscal transfer agent and before the time at which the fiscal transfer agent is contractually required to transfer such funds to the Secretary or to transferees or other holders.
On promulgation of final regulations under subsection (h), the Secretary shall—
(1) provide for a central registration of all guaranteed or insured loans transferred under this section; and
(2) enter into 1 or more contracts with a fiscal transfer agent—
(A) to act as the designee of the Secretary under this section; and
(B) to carry out on behalf of the Secretary the central registration and fiscal transfer agent functions under this section.
Nothing in this subchapter prohibits the pooling of whole loans or interests in loans transferred under this section.
In promulgating regulations under subsection (i),1 the Secretary may include such regulations to effect orderly and efficient pooling procedures as the Secretary determines to be necessary.
Not later than 180 days after December 13, 2002, the Secretary shall develop such procedures and promulgate such regulations as are necessary to facilitate, administer, and promote transfers of loans and guaranteed and insured portions of loans under this section.
(Pub. L. 93–262, title II, §205, Apr. 12, 1974, 88 Stat. 80; Pub. L. 100–442, §2, Sept. 22, 1988, 102 Stat. 1763; Pub. L. 107–331, title I, §103(b), Dec. 13, 2002, 116 Stat. 2836; Pub. L. 109–221, title IV, §401(b), May 12, 2006, 120 Stat. 342.)
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Last modified: October 26, 2015