A-29.1, r. 1 - Regulation respecting the application of the Act respecting farm-loan insurance and forestry-loan insurance

Section 5 Disposition versions

2012-09-01

5. Allowable expenses: The expenses allowed for the purposes of section 4 of the Act designate:

(a)  the amount of the expenses relating to repairs or improvements made by the lender on any immovable having secured a farm or forestry loan and of which he became the owner by a taking in payment, provided the repairs or improvements have been made with the authorization of the agency;

(b)  the amount of income tax payable by the lender on a capital gain realized by him in disposing of an immovable contemplated in subparagraph a;

(c)  any uncollected taxed or taxable costs and disbursements for or incidental to judicial proceedings or other legal proceedings in connection with a farm or forestry loan, including those pertaining to a recourse resulting from a taking in payment clause;

(d)  legal fees, costs and disbursements, whether taxable or not, actually incurred by the lender and for which he was not reimbursed, with or without litigation, in collecting or endeavouring to collect the outstanding loan, in protecting his movable or immovable securities or in acquiring an immovable contemplated in subparagraph a by a taking in payment, but only to the extent allowed by established tariffs; and

(e)  any other disbursements incurred by the lender in protecting his debt or his securities, including those incurred by the lender for the payment of a premium in respect of an amount of insurance on the borrower’s life or insurance in case of the borrower’s disability that the borrower in required to purchase or maintain as a loan guarantee in accordance with the terms of the loan fixed or authorized by the agency.

Where the amount of the expense contemplated in subparagraph b of the first paragraph is not determined within 60 days of the disposition of the immovable contemplated in subparagraph a of the first paragraph, the lender who wishes to claim repayment for it must defer his claim in respect of such expense until the said amount has been determined.

R.R.Q., 1981, c. A-29.1, r. 1, s. 5; O.C. 1127-88, s. 3.