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Financial Services Law Insights and Observations

VA clarifies effect of guarantee claim payments on home loan entitlement

Federal Issues Department of Veterans Affairs Mortgages Military Lending

Federal Issues

On October 30, the Department of Veterans Affairs (VA) released Circular 26-18-25, which clarifies the effect on a veteran’s home loan entitlement when the VA pays a guaranty on a home loan terminated by foreclosure, short sale, or deed-in-lieu of foreclosure. Specifically, for loans originated on or after January 1, 1990, the circular clarifies that the VA no longer establishes debts against veterans after the VA pays a guaranty to reimburse a servicer for its loss. However, if the veteran wants to reuse the VA home loan benefit, then he or she is required to reimburse the VA for the loss amount. The loss only affects the veteran’s entitlement under the VA Home Loan Guaranty program and does not impact any other VA benefits. The veteran may choose to repay the loss to restore the full entitlement or use any of the remaining entitlement amount that may be available to the veteran. The circular is effective until October 1, 2020.