4279.30—Lenders' functions and responsibilities.

(a) General. (1) Lenders have the primary responsibility for the successful delivery of the B&I loan program. All lenders obtaining or requesting a B&I loan guarantee are responsible for:
(i) Processing applications for guaranteed loans,
(ii) Developing and maintaining adequately documented loan files,
(iii) Recommending only loan proposals that are eligible and financially feasible,
(iv) Obtaining valid evidence of debt and collateral in accordance with sound lending practices,
(v) Supervising construction
(vi) Distribution of loan funds,
(vii) Servicing guaranteed loans in a prudent manner, including liquidation if necessary,
(viii) Following Agency regulations, and
(ix) Obtaining Agency approvals or concurrence as required.
(2) This subpart, along with subpart B of this part and subpart B of part 4287 of this chapter, contain the regulations for this program, including the lenders' responsibilities.
(b) Credit evaluation. This is a key function of all lenders during the loan processing phase. The lender must analyze all credit factors associated with each proposed loan and apply its professional judgment to determine that the credit factors, considered in combination, ensure loan repayment. The lender must have an adequate underwriting process to ensure that loans are reviewed by other than the originating officer. There must be good credit documentation procedures.
(c) Environmental responsibilities. Lenders have a responsibility to become familiar with Federal environmental requirements; to consider, in consultation with the prospective borrower, the potential environmental impacts of their proposals at the earliest planning stages; and to develop proposals that minimize the potential to adversely impact the environment. Lenders must alert the Agency to any controversial environmental issues related to a proposed project or items that may require extensive environmental review. Lenders must help the borrower prepare Form FmHA 1940-20, “Request for Environmental Information” (when required by subpart G of part 1940 of this title ); assist in the collection of additional data when the Agency needs such data to complete its environmental review of the proposal; and assist in the resolution of environmental problems.
(d) Loan closing. The lender will conduct loan closings.