Loan fee
Requirement of Fee.—
Except as provided in subsection (c), a fee shall be collected from each person obtaining a housing loan guaranteed, insured, or made under this chapter, and each person assuming a loan to which section 3714 of this title applies. No such loan may be guaranteed, insured, made, or assumed until the fee payable under this section has been remitted to the Secretary.
The fee may be included in the loan and paid from the proceeds thereof.
Determination of Fee.—
The amount of the fee shall be determined from the loan fee table in paragraph (2). The fee is expressed as a percentage of the total amount of the loan guaranteed, insured, or made, or, in the case of a loan assumption, the unpaid principal balance of the loan on the date of the transfer of the property.
The loan fee table referred to in paragraph (1) is as follows:
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LOAN FEE TABLE |
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|---|---|---|---|
Type of loan | Active duty veteran | Reservist | Other obligor |
(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed before January 1, 2004) | 2.00 | 2.75 | NA |
(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2004, and before October 1, 2004) | 2.20 | 2.40 | NA |
(A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before September 30, 2028) | 2.15 | 2.40 | NA |
(A)(iv) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after September 30, 2028) | 1.40 | 1.65 | NA |
(B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed before September 30, 2028) | 3.30 | 3.30 | NA |
(B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after September 30, 2028) | 1.25 | 1.25 | NA |
(C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed before September 30, 2028) | 1.50 | 1.75 | NA |
(C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after September 30, 2028) | 0.75 | 1.00 | NA |
(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before September 30, 2028) | 1.25 | 1.50 | NA |
(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after September 30, 2028) | 0.50 | 0.75 | NA |
(E) Interest rate reduction refinancing loan | 0.50 | 0.50 | NA |
(F) Direct loan under section 3711 | 1.00 | 1.00 | NA |
(G) Manufactured home loan under section 3712 (other than an interest rate reduction refinancing loan) | 1.00 | 1.00 | NA |
(H) Loan to Native American veteran under section 3762 (other than an interest rate reduction refinancing loan) | 1.25 | 1.25 | NA |
(I) Loan assumption under section 3714 | 0.50 | 0.50 | 0.50 |
(J) Loan under section 3733(a) | 2.25 | 2.25 | 2.25 |
Any reference to a section in the “Type of loan” column in the loan fee table in paragraph (2) refers to a section of this title.
For the purposes of paragraph (2):
The term “active duty veteran” means any veteran eligible for the benefits of this chapter other than a Reservist.
The term “Reservist” means a veteran described in section 3701(b)(5)(A) of this title who is eligible under section 3702(a)(2)(E) of this title.
The term “other obligor” means a person who is not a veteran, as defined in section 101 of this title or other provision of this chapter.
The term “initial loan” means a loan to a veteran guaranteed under section 3710 or made under section 3711 of this title if the veteran has never obtained a loan guaranteed under section 3710 or made under section 3711 of this title.
The term “subsequent loan” means a loan to a veteran, other than an interest rate reduction refinancing loan, guaranteed under section 3710 or made under section 3711 of this title if the veteran has previously obtained a loan guaranteed under section 3710 or made under section 3711 of this title.
The term “interest rate reduction refinancing loan” means a loan described in section 3710(a)(8), 3710(a)(9)(B)(i), 3710(a)(11), 3712(a)(1)(F), or 3762(h) of this title.
The term “0-down” means a downpayment, if any, of less than 5 percent of the total purchase price or construction cost of the dwelling.
The term “5-down” means a downpayment of at least 5 percent or more, but less than 10 percent, of the total purchase price or construction cost of the dwelling.
The term “10-down” means a downpayment of 10 percent or more of the total purchase price or construction cost of the dwelling.
Waiver of Fee.—
A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for the receipt of retirement pay or active service pay, would be entitled to receive compensation) or from a surviving spouse of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability.
A veteran described in subparagraph (B) shall be treated as receiving compensation for purposes of this subsection as of the date of the rating described in such subparagraph without regard to whether an effective date of the award of compensation is established as of that date.
A veteran described in this subparagraph is a veteran who is rated eligible to receive compensation—
as the result of a pre-discharge disability examination and rating; or
based on a pre-discharge review of existing medical evidence (including service medical and treatment records) that results in the issuance of a memorandum rating.
Source
(Added Pub. L. 97–253, title IV, § 406(a)(1),Notes
Amendments
Effective Date of 2011 Amendment
the date of the enactment of this Act [
Effective Date of 2003 Amendment
Effective Date of 2001 Amendment
Effective Date of 1998 Amendment
Effective Date of 1989 Amendment
Effective Date of 1984 Amendment
The amendments made by subsection (a)(1) [amending this section] shall apply with respect to loans closed after the end of the 30-day period beginning on the date of the enactment of this Act [
The amendments made by subsections (a)(2) and (b) [amending this section and section 1824 [now 3724] of this title] shall apply with respect to loans closed on or after the date of the enactment of this Act [
The amendment made by subsection (a)(3) [amending this section] shall take effect on the date of the enactment of this Act [
Effective Date
Temporary Increase in Certain Housing Loan Fees
Fee for Loan Assumption
In General.—
For the period described in subsection (b), the Secretary of Veterans Affairs shall apply section 3729(b)(2)(I) of title 38, United States Code, by substituting ‘1.00’ for ‘0.50’ each place it appears.
Period Described.—
The period referred to in subsection (a) is the period that begins on the date that is 7 days after the date of the enactment of this Act [
Ratification of Actions by Secretary of Veterans Affairs and by Secretary of the Treasury Between Oct. 1, 1990, and June 13, 1991
Any action of the Secretary of Veterans Affairs or the Secretary of the Treasury—
that was taken during the period beginning on
that would have been an action carried out under section 3725(c)(3) [formerly 1825(c)(3)] of title 38, United States Code, if the amendment made by paragraph (2) of subsection (a) of this section had been made before
is hereby ratified.
Any failure to act by the Secretary of Veterans Affairs or the Secretary of the Treasury during such period under section 3729(a)(3) [formerly 1829(a)(3)] of such title is hereby ratified.”