Link to an amendment published at 84 FR 70887, Dec. 26, 2019.

The net recovery value of the property is determined differently for properties that have been sold than for properties that remain in the lender's inventory at the time the loss claim is filed.

1. (a) Actual net recovery value. For a property that has been sold when a loss claim is filed, net recovery value is calculated as follows:

   1. (1) The proceeds from the sale plus any other amounts recovered, minus
   2. (2) The amount of actual liquidation and disposition costs provided those costs are reasonable and customary for the area. Costs incurred by in-house staff may not be included.

2. (b) Anticipated net recovery value. For a property that has not sold when a loss claim is filed, net recovery value is calculated as follows:

   1. (1) The value of the property as determined by a liquidation value appraisal. The value should be determined as if the property would be sold without the market exposure it would ordinarily receive in a normal transaction, or within 90 days, minus;

   2. (2) The amount of actual liquidation expenses and estimated disposition costs that are reasonable and customary for the area. Costs incurred by in-house staff may not be included.

      1. (i) Actual liquidation expenses are the amount of attorney fees and costs, etc. incurred to acquire title to the property.
      2. (ii) Estimated disposition costs are calculated by Rural Development using reasonable and customary cost factors appropriate for the area (available in any Rural Development office).

[78 FR 73941, Dec. 9, 2013, as amended at 81 FR 31165, May 18, 2016]