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§674.47 Costs chargeable to the Fund.
(a) General: Billing costs. (1) Except as provided in paragraph (c) of this section, the institution shall assess against the borrower, in accordance with §674.43(b)(2) the cost of actions taken with regard to past-due payments on the loan.
(2) If the amount recovered from the borrower does not suffice to pay the amount of the past-due payments and the penalty or late charges, the institution may charge the Fund for only that unpaid portion of the cost of telephone calls to the borrower made pursuant to §674.43 to demand payment of overdue amounts on the loan.
(b) General: Collection costs. (1) Except as provided in paragraph (d) of this section, the institution shall assess against the borrower, in accordance with §§674.45(e) and 674.46(b), the costs of actions taken on the loan obligation pursuant to §§674.44, 674.45, 674.46, 674.48 and 674.49.
(2) If the amount recovered from the borrower does not suffice to pay the amount on the past-due payments late charges, and these collection costs, the institution may charge and Fund the unpaid collection costs in accordance with paragraph (e) of this section.
(c) Waiver: Late charges. The institution may waive late charges assessed against a borrower who repays the full amount of the past-due payments on a loan.
(d) Waiver: collection costs. Before filing suit on a loan, the institution may waive collection costs as follows:
(1) The institution may waive the percentage of collection costs applicable to the amount then past-due on a loan equal to the percentage of that past-due balance that the borrower pays within 30 days after the date on which the borrower and the institution enter into a written repayment agreement on the loan.
(2) The institution may waive all collection costs in return for a lump-sum payment of the full amount of principal and interest outstanding on a loan.
(e) Limitations on costs charged to the Fund. The institution may charge to the Fund the following collection costs waived under paragraph (d) of this section or not paid by the borrower:
(1) A reasonable amount for the cost of a successful address search required in §674.44(b).
(2) Costs related to the use of credit bureaus as provided in §674.45(b)(1).
(3) For first collection efforts pursuant to §674.45(a)(2), an amount that does not exceed 30 percent of the amount of principal, interest and late charges collected.
(4) For second collection efforts pursuant to §674.45(c)(1)(ii), an amount that does not exceed 40 percent of the amount of principal, interest and late charges collected.
(5) Until July 1, 2002 on loans rehabilitated pursuant to §674.39, amounts that exceed the amounts specified in §674.39(c)(1) but are less than—
(i) 30 percent if the loan was rehabilitated while in a first collection effort; or
(ii) 40 percent if the loan was rehabilitated while in a second collection effort.
(6) For collection costs resulting from litigation, including attorney's fees, an amount that does not exceed the sum of—
(i) Court costs specified in 28 U.S.C. 1920;
(ii) Other costs incurred in bankruptcy proceedings in taking actions required or authorized under §674.49;
(iii) Costs of other actions in bankruptcy proceedings to the extent that those costs, together with costs described in paragraph (e)(5)(ii) of this section, do not exceed 40 percent of the total amount of judgment obtained on the loan; and
(iv) 40 percent of the total amount recovered from the borrower in any other proceeding.
(7) If a collection firm agrees to perform or obtain the performance of both collection and litigation services on a loan, an amount for both functions that does not exceed the sum of 40 percent of the amount of principal, interest and late charges collected on the loan, plus court costs specified in 28 U.S.C. 1920.
(f) Records. For audit purposes, an institution shall support the amount of collection costs charged to the Fund with appropriate documentation, including telephone bills and receipts from collection firms. The documentation must be maintained in the institution's files as provided in §674.19.
(g) Cessation of collection activity of defaulted accounts. An institution may cease collection activity on a defaulted account with a balance of less than $200, including outstanding principal, accrued interest, collection costs, and late charges, if—
(1) The institution has carried out the due diligence procedures described in subpart C of this part with regard to this account; and
(2) For a period of at least 4 years, the borrower has not made a payment on the account, converted the account to regular repayment status, or applied for a deferment, postponement, or cancellation on the account.
(h) Write-offs of accounts. (1) Notwithstanding any other provision of this subpart, an institution may write off an account, including outstanding principal, accrued interest, collection costs, and late charges, with a balance of—
(i) Less than $25; or
(ii) Less than $50 if, for a period of at least 2 years, the borrower has been billed for this balance in accordance with §674.43(a).
(2) An institution that writes off an account under this paragraph may no longer include the amount of the account as an asset of the Fund.
(3) When the institution writes off an account, the borrower is relieved of all repayment obligations.
(Approved by the Office of Management and Budget under control number 1845-0023)
(Authority: 20 U.S.C. 424, 1087cc)
[52 FR 45555, Nov. 30, 1987, as amended at 57 FR 32346, July 21, 1992; 57 FR 60706, Dec. 21, 1992; 59 FR 61412, Nov. 30, 1994; 60 FR 61815, Dec. 1, 1995; 64 FR 58313, Oct. 28, 1999; 67 FR 67077, Nov. 1, 2002]