The USDA Has A Long-Standing History Of Lending Discrimination—Particularly for Black & Asian Farmers
To establish the discrimination required to qualify for Discrimination Financial Assistance, such elements include:
- Indirect financial evidence;
- Evaluation of the conduct, actions, or decisions of a loan officer;
- Loan denials based on characteristics such as race, gender, or political affiliation;
- Unjust loan terms or changes that disrupt cash flow;
- Deferred or delayed loans that harm farming operations;
- Unreasonable collateral demands; or
- Loan officer involvement that infringes on farmers' rights.
To be eligible for Discrimination Financial Assistance under the IRA, the discrimination must have explicitly occurred about USDA farm lending programs. Eligibility depends on the loan type and where the discrimination occurred.
According to an NPR analysis of 2022 USDA data that looked at how many direct loan applications were accepted, rejected, or withdrawn per each racial group:
- The department granted direct loans to only 36% of farmers who identified as Black, with 16% of Black farmers rejected
- White farmers enjoyed a 72% approval rate with just 4% rejections
- Also, 48% of Black and Asian farmers withdrew their applications
- Just 24% of white-identifying applicants.
Sadly, Black and Asian-identifying farmers were the least successful in acquiring a direct loan in the first two years of the Biden administration.
Victims of Farmer Loan Discrimination
Farmers Denied for USDA Loans May Be Eligible For Compensation up to $500,000
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Victims of farmer loan discrimination are urged to request a free, private case evaluation to get justice and compensation
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Loan Discrimination Info To Prepare Consumers
Who is eligible?
Determining eligibility for Discrimination Financial Assistance can be challenging, and consulting with a skilled attorney can help evaluate your legal rights and how to proceed with a claim.
Farmers rarely keep records and file taxes in a way suitable for the Farm Service Agency, USDA's lending branch, primarily due to:
A lack of bilingual federal employees, documents, and training materials.
Language barriers are a significant issue for Hmong American and Hispanic farmers;
Farm business management courses are all conducted in English
They often fail to access adequate information to enhance or fund operations.
The Inflation Reduction Act (IRA) includes a provision for "Discrimination Financial Assistance" to be provided to farmers, ranchers, and forest landowners who have faced loan discrimination, but:
The approval process is expected to be complex;
The criteria for discrimination and who is eligible for financial assistance;
The application and review process is likely time-consuming; and,
The application and review process may require extensive documentation and evidence.
Compensation Begins With A Free, Online Case Review
Victims of loan discrimination should get the compensation and justice they deserve when the USDA resists delivering proper payouts.
Loan Discrimination FAQ: Questions About Loan Discrimination
What is the Inflation Reduction Act?
"Discrimination Financial Assistance" will be provided to farmers, ranchers, and forest landowners who have faced loan discrimination before January 1, 2021, due to their race, gender, sexual orientation, or other categories.
What is the Act designed to do?
The USDA has a long-standing history of discrimination in its lending process. The act provides a total of $2.2 billion for these claims, with a maximum of $500k available per claim.
How will funds be allocated?
The Discrimination Financial Assistance program under the IRA has a total of $2.2 billion set aside, with a maximum of $500k per claim. However, there are concerns about whether the allocated funds will be sufficient to assist all those who need it. Congress may allocate additional funds, but this is not guaranteed.
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