Title 25IndiansRelease 119-73not60

§1492 Claims for Losses; Submission to Secretary; Reimbursement: Single and Aggregate Loss Limitations, Conditions; Assignment of Note or Judgment; Collection or Cancellation by Secretary; Interest or Charges Cessation Date

Title 25 › Chapter 17— FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS › Subchapter II— LOAN GUARANTY AND INSURANCE › § 1492

Last updated Apr 5, 2026|Official source

Summary

If a lender loses money on a loan insured under this program (including interest that has accrued), the lender must send a claim to the Secretary to be repaid. The Secretary will pay if a loss is shown, but payment for any one loan cannot be more than 90% of that loss and the lender cannot be paid for losses over 15% of all its insured loans. Before any payment, the lender must try reasonable collection steps and sell any loan security if possible, using the proceeds on the debt. If the Secretary pays, the loan note or judgment is turned over to the United States and the lender gives up further claims against the borrower or the government. The Secretary can try to collect the debt further, cancel any uncollectable part, and set a date when interest or charges stop.

Full Legal Text

Title 25, §1492

Indians — Source: USLM XML via OLRC

When a lender suffers a loss on a loan insured hereunder, including accrued interest, a claim therefor shall be submitted to the Secretary. If the Secretary finds that the loss has been suffered, he shall reimburse the lender therefor: Provided, That the amount payable to the lender for a loss on any one loan shall not exceed 90 per centum of such loss: Provided further, That no reimbursement may be made for losses in excess of 15 per centum of the aggregate of insured loans made by the lender: Provided further, That before any reimbursement is made, all reasonable collection efforts shall have been exhausted by the lender, and the security for the loan shall have been liquidated to the extent feasible, and the proceeds applied on the debt. Upon reimbursement, in whole or in part, to the lender, the note or judgment evidencing the debt shall be assigned to the United States, and the lender shall have no further claim against the borrower or the United States. The Secretary shall then take such further collection action as may be warranted, or may cancel the uncollectable portion of any debt assigned pursuant hereto. The Secretary may establish a date upon which accrual of interest or charges shall cease.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1492

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60