CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER VII—FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE (parts 700 to 799) > SUBCHAPTER D—SPECIAL PROGRAMS (parts 750 to 786) > PART 765—DIRECT LOAN SERVICING—REGULAR > SUBPART I—Transfer of Security and Assumption of Debt (§765.401 to §765.407-765.450) > 765.405—Payment of costs associated with transfers.

765.405—Payment of costs associated with transfers.

The transferor and transferee are responsible for paying transfer costs such as real estate taxes, title examination, attorney's fees, surveys, and title insurance. When the transferor is unable to pay its portion of the transfer costs, the transferee, with Agency approval, may pay these costs provided:
(a) Any cash equity due the transferor is applied first to payment of costs and the transferor does not receive any cash payment above these costs;
(b) The transferee's payoff of any junior liens does not exceed $5,000;
(c) Fees are customary and reasonable;
(d) The transferee can verify that personal funds are available to pay transferor and transferee fees; and
(e) Any equity due the transferor is held in escrow by an Agency designated closing agent and is disbursed at closing.