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What if Construction Is Not Fully Completed and Loan Proceeds are not Fully Disbursed? (one-time close) If the construction is not fully completed and loan proceeds are not fully disbursed, the guaranty¹¹ will apply only to the proper pro rata part of the loan.
VA_Guidelines.txt
c7803736-dcff-4881-a51a-dd8a4ca357ac
To calculate the proper pro rata part of the loan: (1) take loan proceeds disbursed for construction purposes, (2) add any other payments made to the builder by or on behalf of the Veteran, (3) take the lesser of the above total or 80 percent of the value of that portion of the construction completed, and (4) add any loan disbursements made for the purchase of the land on which the construction
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purchase of the land on which the construction is situated
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.
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The lender must also certify that any amounts advanced for land is protected by title or lien and that no enforceable liens, for any work done or material furnished for that part of the construction completed and for which payment has been made out of proceeds of the loan exists or can come into exitance.
VA_Guidelines.txt
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In the event circumstances make it impracticable to complete construction and fully disburse funds, the lender should contact VA for additional information on obtaining a partial guaranty. r. Two-Time Construction Loan Process This loan type involves the refinance of a non-VA interim construction loan with a VA- guaranteed loan.
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Interim construction loans are construction loans that do not provide for permanent financing. The following provides a general guide for lenders to follow when processing a VA two- time construction loan.
VA_Guidelines.txt
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As VA prefers for the appraisal on a two-time construction loan to be ordered after the dwelling is 100% complete, this general guide does not address instances where the lender orders the appraisal prior to completion of the dwelling. (1) Verify the Veteran’s eligibility and entitlement. (Chapter 2) (2) Close the non-VA interim construction loan. (3) The construction takes place
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. (3) The construction takes place. (4) Order the VA appraisal after construction is complete as “New Construction.” (Chapter 10) (5) Issue the NOV. (Chapter 13) (6) Underwrite the loan using VA’s underwriting guidelines. (Chapter 4) (7) Close the loan after all NOV requirements are met. (Chapter 5) (8) Pay the VA Funding Fee within 15 days of loan closing
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. (Chapter 8) (9) Issue the Loan Guaranty Certificate. (Chapter 5) Continued on next page 11 38 CFR 36.4305 7-18 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 2: Construction/Permanent Home Loans, continued s.
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Construction Complaint Process VA assistance with construction complaints will be limited to defects in equipment, material, and workmanship reported during the required 1-year VA builder’s warranty period. t.
VA_Guidelines.txt
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Construction Loan Comparison Table 7: Comparison of VA Construction Loan Types and Cash-Out Refinance Loans Loan Feature One-Time Close Two-Time Close Cash-Out Refinance Appraisal Prior to Preferred: After Preferred: After Timing Commencement of Dwelling is 100% Dwelling is 100% Construction Complete Complete Purchase or Purchase Purchase Refinance Refinance for VA Purposes Appraisal Type
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Refinance for VA Purposes Appraisal Type Proposed – Per Plans Preferred: Built Less Refer to Chapter 10 and Specs than One Year and Never Occupied Maximum Loan Lesser of: Lesser of: 100% of the Amount a
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.
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Acquisition Cost, a. Acquisition Cost, Reasonable Value or or b. VA Reasonable b. VA Reasonable Value. Value. Plus, the applicable Plus, the applicable VA Funding Fee VA Funding Fee Cash to Veteran No No Yes, the Veteran may Acceptable? receive proceeds from the loan and/or satisfy other debts Can Equity be Yes Yes No Considered for VA Funding Fee Rate Reduction?
VA_Guidelines.txt
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Do VA’s No No Yes refinancing (The refinance of an NTBs apply? interim construction loan is an NTB.) Continued on next page 7-19 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 2: Construction/Permanent Home Loans, continued u.
VA_Guidelines.txt
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Funding Fee Downpayment Examples This section provides examples of construction loan downpayment scenarios and the appropriate amount to enter into FFPS as the Purchase Price and the Downpayment amount.
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Table 8: Construction Loans – Veteran Purchased the Land Within One Year of Close Lenders should use this table in cases where the Veteran purchased the land within one year of closing of the VA-loan.
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Item Description Example 1 Example 2 Example 3 A Cost to Acquire Land $100,000 $30,000 $100,000 B Balance Owed on Land $0 $20,000 $60,000 C Contract to Construct + $300,000 $300,000 $300,000 Permits and Reserves (if applicable) D Acquisition Cost (B+C) $300,000 $320,000 $360,000 E Reasonable Value (Per NOV) $350,000 $375,000 $500,000 F Land Value (if given) n/a $80,000 n/a G Max Loan Amount
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(if given) n/a $80,000 n/a G Max Loan Amount $300,000 + $320,000 + $360,000 + (Lesser of D or E) applicable FF applicable FF applicable FF H Purchase Price in FFPS $400,000 $380,000 $500,000 (Greater of: E
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., (A+C), or (C+F)) I Downpayment in FFPS $100,000 $60,000 $140,000 (H-G) Continued on next page 7-20 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 2: Construction/Permanent Home Loans, continued u.
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Funding Fee Downpayment Examples, continued Table 9: Construction Loans – Land Purchased More than One Year Before Close Lenders should use this table in cases where the Veteran purchased the land more than one year prior to the closing of the VA-loan.
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Item Description Example 1 Example 2 Example 3 A Cost to Acquire Land n/a n/a n/a B Balance Owed on Land $0 $60,000 $0 C Contract to Construct + $300,000 $300,000 $300,000 Permits and Reserves (if applicable) D Acquisition Cost (B+C) $300,000 $360,000 $300,000 E Reasonable Value (Per NOV) $350,000 $350,000 $350,000 F Land Value (if given) Not Given Not Given $75,000 G Max Loan Amount $300,000 +
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Not Given $75,000 G Max Loan Amount $300,000 + $350,000 + $300,000 + (Lesser of D or E) applicable FF applicable FF applicable FF H Purchase Price in FFPS $350,000 $360,000 $375,000 (Greater of D, E, or (C+F)) I Downpayment in FFPS $50,000 $10,000 $75,000 (H-G) Table 10: Construction Loans – Land was Gifted Lenders should use this table in cases where the land was gifted or inherited by the
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where the land was gifted or inherited by the Veteran free of encumbrance
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.
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Item Description Example 1 Example 2 A Cost to Acquire Land n/a n/a B Balance Owed on Land $0 $0 C Contract to Construct + Permits $300,000 $300,000 and Reserves (if applicable) D Acquisition Cost (B+C) $300,000 $300,000 E Reasonable Value (Per NOV) $350,000 $290,000 F Land Value (if given) Not Given Not Given G Max Loan Amount $300,000 + $290,000 + (Lesser of D or E) applicable FF applicable FF
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+ (Lesser of D or E) applicable FF applicable FF H Purchase Price in FFPS (Greater $350,000 $300,000 of D or E) I Downpayment in FFPS (H-G) $50,000 $10,000 7-21 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 3: Energy Efficient Mortgages Change Date: March 11, 2019 · This chapter has been revised in its entirety
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. a.
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d90855d2-9a1e-4358-84ae-600514a2f041
What are EEMs? Energy Efficient Mortgages (EEMs) are loans to cover the cost of making energy efficiency improvements to a dwelling. They can be made in conjunction with a: · VA loan for the purchase of an existing dwelling, or · VA refinancing loan secured by the dwelling.
VA_Guidelines.txt
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Acceptable energy efficiency improvements include, but are not limited to: · solar heating systems, including solar systems for heating water for domestic use; · solar heating and cooling systems; · caulking and weather-stripping; · furnace efficiency modifications limited to replacement burners, boilers, or furnaces designed to reduce the firing rate or to achieve a reduction in the amount of
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rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency, devices for modifying flue openings which will increase the efficiency of the heating system, and electrical or mechanical furnace ignition systems which replace standing gas pilot lights; · clock thermostats; · new or additional ceiling, attic, wall and floor insulation; · water heater
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attic, wall and floor insulation; · water heater insulation; · storm windows and/or doors, including thermal windows and/or doors; · heat pumps; and · vapor barriers
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. b.
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Borrower Notice on the NOV Information on EEMs is provided to a Veteran who applies for a loan which requires an NOV (a loan for a home purchase or regular “cash-out” refinance). The NOV includes the following notice to the Veteran: “The buyer may wish to contact a qualified person/firm for a home energy audit to identify needed energy efficiency improvements to the property.
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In some localities, the utility company may perform this service. The mortgage amount may be increased as a result of making energy efficiency improvements such as: Solar or conventional heating/cooling systems, water heaters, insulation, weather-stripping/caulking, and storm windows/doors.
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Other energy related improvements may also be considered.” Continued on next page 7-22 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 3: Energy Efficient Mortgages, continued b.
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Borrower Notice on the NOV, continued The mortgage may be increased by: · Up to $3,000 based solely on the documented costs, · Up to $6,000 provided the increase in monthly mortgage payment does not exceed the likely reduction in monthly utility costs, or · VA does not permit EEMs more than $6,000 (38 U. S. C. §3710(d)). c.
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S. C. §3710(d)). c. Underwriting Considerations Energy efficiency improvements up to $3,000: The resulting increase in loan payments will normally be offset by a reduction in utility costs.
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Energy efficiency improvements more than $3,000, up to $6,000: The lender must make a determination that the increase in monthly mortgage payments does not exceed the likely reduction in monthly utility costs, and must rely on locally available information provided by utility companies, municipalities, state agencies or other reliable sources, and document the determination.
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Energy efficiency improvements in conjunction with an Interest Rate Reduction Refinancing Loan (IRRRL). If the monthly payment (Principal, Interest, Taxes, and Insurance (PITI)) for the new loan exceeds the PITI of the loan being refinanced by 20 percent or more, the lender must certify to having determined that the Veteran qualified for the higher payment. d.
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Documentation Required with Closed Loan Package Energy efficiency improvements up to $3,000: Evidence of the cost of improvements such as a copy of the bid(s) or contract itemizing the improvements and their cost.
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Improvements more than $3,000, up to $6,000: Evidence of the cost of improvements such as a copy of the bid(s) or contract itemizing the improvements and their cost, and the lender’s determination that the increase in monthly mortgage payments does not exceed the likely reduction in monthly utility costs.
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IRRRL with significant increase in payments: If the cost of the improvements cause the new loan payment (PITI) to be 20 percent or higher than the old payment (on the loan being refinanced), then include the lender’s certification that it has determined that the Veteran qualified for the higher payment.
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bdcedb62-4d23-4889-a73d-4e486bad095f
Continued on next page 7-23 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 3: Energy Efficient Mortgages, continued b.
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Borrower Notice on the NOV, continued The mortgage may be increased by: · Up to $3,000 based solely on the documented costs, · Up to $6,000 provided the increase in monthly mortgage payment does not exceed the likely reduction in monthly utility costs, or · VA does not permit EEMs more than $6,000 (38 U. S. C. §3710(d)). c.
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S. C. §3710(d)). c. Underwriting Considerations Energy efficiency improvements up to $3,000: The resulting increase in loan payments will normally be offset by a reduction in utility costs.
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Energy efficiency improvements more than $3,000, up to $6,000: The lender must make a determination that the increase in monthly mortgage payments does not exceed the likely reduction in monthly utility costs, and must rely on locally available information provided by utility companies, municipalities, state agencies or other reliable sources, and document the determination.
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Energy efficiency improvements in conjunction with an Interest Rate Reduction Refinancing Loan (IRRRL). If the monthly payment (Principal, Interest, Taxes, and Insurance (PITI)) for the new loan exceeds the PITI of the loan being refinanced by 20 percent or more, the lender must certify to having determined that the Veteran qualified for the higher payment. d.
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Documentation Required with Closed Loan Package Energy efficiency improvements up to $3,000: Evidence of the cost of improvements such as a copy of the bid(s) or contract itemizing the improvements and their cost.
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Improvements more than $3,000, up to $6,000: Evidence of the cost of improvements such as a copy of the bid(s) or contract itemizing the improvements and their cost, and the lender’s determination that the increase in monthly mortgage payments does not exceed the likely reduction in monthly utility costs.
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IRRRL with significant increase in payments: If the cost of the improvements cause the new loan payment (PITI) to be 20 percent or higher than the old payment (on the loan being refinanced), then include the lender’s certification that it has determined that the Veteran qualified for the higher payment.
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Continued on next page 7-23 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 3: Energy Efficient Mortgages, continued e. How to Calculate Guaranty and Entitlement Use? Guaranty is calculated on an EEM as described in the following table.
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Table 8: How to Calculate Guaranty and Entitlement Use for EEM Step Action 1 Calculate guaranty on the loan without the portion attributable to the energy efficiency improvements. 2 Calculate guaranty on the energy efficiency improvements portion by applying the same percentage used in Step 1. 3 Add the results of Steps 1 and 2 to arrive at guaranty on the entire loan.
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However, the Veteran’s entitlement will only be charged the amount arrived at in Step 1; it is based upon the loan amount before adding the cost of the energy efficiency improvements. Example 1: If a Veteran has full entitlement and applies for a loan of $80,000, plus $6,000 in energy efficiency improvements, VA will guarantee 40 percent of the full loan amount of $86,000.
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Thus, the dollar amount of the guaranty will be $34,400, even though the charge to the Veteran’s entitlement is only $32,000.
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Example 2: If a Veteran with full entitlement applies for a $144,000 loan to purchase a home, and adds $6,000 in energy efficiency improvements, the 25 percent guaranty on the loan will only require the use of $36,000 entitlement, but the dollar amount of guaranty will be $37,500. f.
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How to Calculate the Funding Fee Calculate the funding fee based on the full loan amount including the cost of the energy efficiency improvements. Continued on next page 7-24 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 3: Energy Efficient Mortgages, continued g.
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Improvements Not Completed Before Closing If the energy efficiency improvements are not completed before closing, the lender may establish an escrow and close the loan. · A formal escrow is not required. · Only the amount needed to complete the improvements must be withheld.
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Check the appropriate block in item 23, VA Form 26-1820, Report and Certification of Loan Disbursement. · No additional documentation concerning the escrowed/earmarked funds must be submitted when reporting the closed loan. Generally, the improvements should be completed within 6 months from the date of loan closing.
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Provide written notification to VA when improvements are completed and the escrow funds are disbursed. Escrow requirements concerning completion of improvements are listed in Chapter 9 of this handbook. · Assure the funds are properly applied to the costs of improvements.
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If, after a reasonable time, the lender determines that the improvements will not be completed: · Apply the balance of the escrowed/earmarked funds to reduce the principal balance on the loan, and · Provide written notification to VA that this has been done. h. Reimbursement to the Veteran out of IRRRL Proceeds The Veteran generally may not obtain cash proceeds from an IRRRL.
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There is one exception.
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Up to $6,000 of IRRRL loan proceeds may be used to reimburse the Veteran for the cost of energy efficiency improvements completed within the 90 days immediately preceding the date of the loan
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. 7-25 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 4: Loans for Alteration and Repairs Change Date: March 11, 2019 · This chapter has been revised in its entirety. a.
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Description VA may guarantee a loan for alteration and repair: · Of a residence already owned by the Veteran and occupied as a home, or · Made in conjunction with a purchase loan on the property. The alterations and repairs must be those ordinarily found on similar property of comparable value in the community. b.
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Value Considerations The cost of alterations and repairs to structures may be included in a loan for the purchase or regular “Cash-Out” refinance of improved property to the extent that their value supports the loan amount
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. 7-26 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 5: What is a Supplemental Loan Change Date: March 11, 2019 · This chapter has been revised in its entirety. a.
VA_Guidelines.txt
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What is a Supplemental Loan? A supplemental loan is a loan for the alteration, improvement, or repair of a residential property. The residential property must secure an existing VA- guaranteed loan, and be owned and occupied by the Veteran, or the Veteran will reoccupy upon completion of major alterations, repairs, or improvements.
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The alterations, improvements, or repairs must: · Be for the purpose of substantially protecting or improving the basic livability, or utility of the property, and · Be restricted primarily to the maintenance, replacement, improvement or acquisition of real property, including fixtures. Installation of features such as barbecue pits, swimming pools, etc., does not meet this requirement.
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No more than 30 percent of the loan proceeds may be used for the maintenance, replacement, improvement, repair, or acquisition of non- fixtures or quasi-fixtures such as refrigeration, cooking, washing, and heating equipment. The equipment must be related to or supplement the principal alteration for which the loan is proposed. b.
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Required Lien and Maximum Loan Term It is the lender’s responsibility to obtain an effective lien of the required dignity (lien position).
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Possible methods to secure a supplemental loan are: · Through an open-end provision of the instrument securing the existing loan, · Through an amendment of the existing loan security instrument, · By taking a new lien to cover both the existing and the supplemental loans, or · By taking a separate lien immediately junior to the existing lien.
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The maximum loan term is: · 30 years if amortized, or · 5 years if not amortized. Continued on next page 7-27 7-27 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 5: What is a Supplemental Loan, continued c.
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Other Requirements The existing loan must be current with respect to taxes, insurance, and amortized payments, and must not otherwise be in default unless a primary purpose of the supplemental loan is to improve the ability of the borrower to maintain the loan obligation. The making of a supplemental loan can never result in any increase in the rate of interest on the existing loan.
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A supplemental loan to be written at a higher rate of interest than that payable on the existing loan must be evidenced by a separate note from the existing loan. d.
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Prior Approval or Automatic Loan Closing A supplemental loan will require the prior approval of VA if the: · loan is to be made by a lender that does not have authority to close loans on an automatic basis or · loan is to be made by a lender that does not have authority to close loans on an automatic basis; or · an obligor liable on the currently outstanding obligation will be released from
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outstanding obligation will be released from personal liability by operation of law or otherwise
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. e.
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Procedures Submit a statement describing the alterations, improvements, or repairs made or to be made with the prior approval application (or loan closing package, if closed automatically). In addition, report the amount outstanding on the existing loan as of the date of closing of the supplemental loan in the loan closing package.
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If the cost of the repairs, alterations, or improvements exceeds $3,500: an NOV and compliance inspections are required. If the cost of the repairs, alterations, or improvements does not exceed $3,500: an NOV and compliance inspections are not required. Instead, a statement of reasonable value may be submitted. The statement must be completed and signed by a VA-designated appraiser.
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A VA-designated appraiser is an individual nominated by the lender (who may be an officer, trustee, or employee of the lender or its agent) who has been approved by the local VA office. The statement must specify the: · work done or to be done, · purchase price or cost of the work and material, and · purchase price or cost does not exceed the reasonable value.
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Continued on next page 7-28 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 5: What is a Supplemental Loan, continued e.
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Procedures, continued In lieu of VA compliance inspections, the lender must submit a certification as follows: “The undersigned lender certifies to the Department of Veterans Affairs that the property as repaired, altered, or improved has been inspected by a qualified individual designated by the undersigned, and based on the inspection report, the undersigned has determined that the repairs,
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the undersigned has determined that the repairs, alterations, or improvements financed with the proceeds of the loan described in the attached VA Form 26-1820, appear to have been completed in substantial conformance with related contracts
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.” f.
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Guaranty and Entitlement If the supplemental loan will not be consolidated with a related outstanding guaranteed loan the: · Veteran must have sufficient entitlement for the new loan, and · VA will issue a new LGC solely for supplemental loans. If the supplemental loan will be consolidated with a related outstanding guaranteed loan, VA will issue a new modified guaranty certificate.
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Continued on next page 7-29 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 5: What is a Supplemental Loan, continued e.
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Procedures, continued In lieu of VA compliance inspections, the lender must submit a certification as follows: “The undersigned lender certifies to the Department of Veterans Affairs that the property as repaired, altered, or improved has been inspected by a qualified individual designated by the undersigned, and based on the inspection report, the undersigned has determined that the repairs,
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the undersigned has determined that the repairs, alterations, or improvements financed with the proceeds of the loan described in the attached VA Form 26-1820, appear to have been completed in substantial conformance with related contracts
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.” f.
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Guaranty and Entitlement If the supplemental loan will not be consolidated with a related outstanding guaranteed loan the: · Veteran must have sufficient entitlement for the new loan, and · VA will issue a new LGC solely for supplemental loans. If the supplemental loan will be consolidated with a related outstanding guaranteed loan, VA will issue a new modified guaranty certificate.
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Continued on next page 7-29 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 5: What is a Supplemental Loan, continued g. Procedure If the Veteran has no available entitlement, VA can still guarantee the supplemental loan provided the lender is the holder of the Veteran’s existing loan and the loans are to be consolidated.
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The amount of the modified guaranty will be the maximum guaranty effective on the existing loan at the time the supplemental loan is closed. To calculate the percentage of guaranty applicable to the combined indebtedness take the result of Step 1, and divide by the result of Step 3.
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Follow the steps in the table below to calculate the percentage of guaranty applicable to the combined indebtedness.
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Table 9: Supplemental Loan Procedure Step Action 1 Take the balance of the existing loan at the time of closing of the supplemental loan and multiply by the percentage of guaranty for the existing loan, as shown on the guaranty certificate
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. 2 Calculate the amount of guaranty that would be issued on the supplemental loan as an independent loan (do not exceed the amount of entitlement available to the Veteran). 3 Take the balance of the existing loan and add the amount of the supplemental loan. 4 Take the result of Step 1 above and add the result of Step 2 above. 5 Divide by the result of Step 3 above
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. 5 Divide by the result of Step 3 above. 7-30 VA Lenders Handbook 26-7 Chapter 7: Loans Requiring Special Underwriting, Guaranty, and Other Considerations Topic 6: Adjustable-Rate Mortgages Change Date: March 11, 2019 · This chapter has been revised in its entirety. a.
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General Information Concerning ARMs An ARM loan offers adjustable interest rates based on negotiated initial fixed interest rates coupled with periodic adjustments to the interest rate over time. Hybrid ARMs have longer initial fixed rates of 3, 5, 7, or 10 years, while a “traditional” ARM allows for an annual adjustment after 1 year. b.
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Interest Rate Adjustments Traditional ARMs: Interest rate adjustments occur on an annual basis. The annual interest rate adjustments are limited to a maximum increase or decrease of one percentage point. Additionally, interest rate increases are limited to a maximum of five percentage points over the life of the loan.
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