United States v. Day
Opinion of the Court
William A. Day and Helen L. Day appeal from a district court order granting summary judgment to the government in a foreclosure action. We affirm.
The Small Business Administration (SBA) loaned money to the Days under the disaster loan program. 15 U.S.C. § 636(b). In exchange, the Days signed a promissory note and mortgaged their farmland as security for the loan.
The Days were late with their 1980 and 1981 payments. They obtained the SBA’s consent to defer the 1982 payment. After the Days failed to make the deferred payment, the SBA began foreclosure proceedings in the district court. The court granted the SBA’s motion for summary judgment.
On appeal, the Days claim the SBA abused its discretion when it failed to allow them additional forbearance. We disagree.
Under the disaster loan program, the SBA has discretion to defer loan obli
We affirm.
Reference
- Full Case Name
- United States v. William A. DAY, a/k/a William Arthur Day, a/k/a William Day, a/k/a Bill A. Day, a/k/a Bill Day, and Helen L. Day, husband and wife, Henry W. Richardson and Barbara L. Richardson, husband and wife Richard Oil Company Yorkshire, Inc. U.S. Department of Agriculture, on behalf of Commodity Credit Corporation and Decatur County A.S.C. Committee U.S. Department of Agriculture Farmers Home Administration and Decatur County, Iowa
- Cited By
- 2 cases
- Status
- Published