Title 12Banks and BankingRelease 119-73

§2202 Reconsideration of actions

Title 12 › Chapter CHAPTER 23— - FARM CREDIT SYSTEM › Subchapter SUBCHAPTER IV— - PROVISIONS APPLICABLE TO TWO OR MORE CLASSES OF INSTITUTIONS OF THE SYSTEM › Part Part C— - Rights of Borrowers; Loan Restructuring › § 2202

Last updated Apr 6, 2026|Official source

Summary

Each lender’s board must set up one or more credit review committees that include farmer board members. A loan officer who helped make the original loan decision cannot sit on the committee when that same loan is reviewed. If a loan applicant gets a written notice saying the loan was denied or reduced, they can ask in writing within 30 days for the committee to review it. If a borrower is told restructuring was denied, they can ask in writing within 7 days for an in-person review. People asking for review may appear in person and bring a lawyer or other representative. They can also request an independent appraisal of property used as loan security (not the lender’s stock). Within 30 days after that request, the committee must give a list of three approved appraisers; the borrower picks one and pays for the appraisal, which the committee must consider and give a copy of to the borrower. After the review, the committee must quickly send a written decision and explain why.

Full Legal Text

Title 12, §2202

Banks and Banking — Source: USLM XML via OLRC

(a)(1)The board of directors of each qualified lender shall establish one or more credit review committees, which shall include farmer board representation.
(2)In no case shall a loan officer involved in the initial decision on a loan serve on the credit review committee when the committee reviews such loan.
(b)(1)Any applicant for a loan from a qualified lender that has received a written notice issued under section 2201 of this title of a decision to deny or reduce the loan applied for may submit a written request, not later than 30 days after receiving a notice denying or reducing the amount of the loan application, to obtain a review of the decision before the credit review committee.
(2)A borrower of a loan from a qualified lender that has received notice, under section 2201 of this title, of a decision to deny loan restructuring with respect to a loan made to the borrower, if the borrower so requests in writing within 7 days after receiving such notice, may obtain a review of such decision in person before the credit review committee.
(c)An applicant for a loan or for restructuring, who is entitled to and has requested a review under this section, may appear in person before the credit review committee, and may be accompanied by counsel or by any other representative of such person’s choice, to seek a reversal of the decision on the application under review.
(d)(1)An appeal filed with a credit review committee under this section may include, as a part of the request for a review of the decision filed under subsection (b)(1) or (2), a request for an independent appraisal, by an accredited appraiser, of any interests in property securing the loan (other than the stock or participation certificates of the qualified lender held by the borrower).
(2)Within 30 days after a request for an appraisal under paragraph (1), the credit review committee shall present the borrower with a list of three appraisers approved by the appropriate qualified lender from which the borrower shall select an appraiser to conduct the appraisal the cost of which shall be borne by the borrower, and shall consider the results of such appraisal in any final determination with respect to the loan.
(3)A copy of any appraisal made under this subsection shall be provided to the borrower.
(4)An independent appraisal shall be permitted if additional collateral for a loan is demanded by the qualified lender when determining whether to restructure the loan.
(e)Promptly after a review by the credit review committee, the committee shall notify the applicant or borrower, as the case may be, in writing of the decision of the committee and the reasons for the decision.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–233, § 805(s), which directed amendment of this section by substituting “committees” for “committee(s)”, “2201” for “2199”, and “review” for “reviews”, was repealed by Pub. L. 100–399, § 702(b). See

Construction

of 1988 Amendment note below. Pub. L. 100–233, § 106, amended section generally. Prior to amendment, section read as follows: “The board of directors of each Farm Credit System institution shall establish one or more credit review committee(s), which shall include farmer board respresentation. [sic] Any loan applicant who has received written notice, under section 2199 of this title, of a decision to deny or reduce the loan applied for, if the applicant so requests in writing within thirty days after receiving such notice, may obtain a review of such decision in person before the credit review committee. When a loan applicant requests review of an adverse credit decision, a majority of persons serving on such reviews committee must be persons who were not involved in making the adverse decision. Promptly after any such review, the applicant shall be notified in writing of the credit review committee’s decision and the reasons therefor.” Subsec. (b)(1). Pub. L. 100–399, § 103(a), substituted “before the” for “by a”. Subsec. (d)(1). Pub. L. 100–399, § 103(b), inserted “or (2)”. 1985—Pub. L. 99–205, in amending section generally, substituted provisions respecting reconsideration of action on loan application for prior reconsideration provisions which read as follows: “Any applicant who has reason to believe that the action on his application by an association failed to take into account facts pertinent to his application, or has misinterpreted or failed to properly apply the applicable law or

Rules and Regulations

governing his application, may, if he so requests in writing within thirty days of the date of that notice, request an informal hearing on his application and the action of the association in reduction or denial thereof, or the reason for such action, in person before the loan committee or officer or employee thereof authorized to act on applications under section 2033(11) or 2093(18) of this title. Promptly after such a hearing, he shall be notified of the decision upon reconsideration and the reasons therefor.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–205 effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as a note under section 2001 of this title.

Construction

of 1988 Amendment Pub. L. 100–399, title VII, § 702(b), Aug. 17, 1988, 102 Stat. 1006, provided that section 805(s) of Pub. L. 100–233, cited as a credit to this section, is repealed and that this section shall be applied and administered as if such section had not been enacted.

Reference

Citations & Metadata

Citation

12 U.S.C. § 2202

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73