Public Law 119-73 (01/23/2026)

38 U.S.C. § 3703

Basic provisions relating to loan guaranty and insurance

(a)
(1)
(A)
section 3710 of this title Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed the lesser of—
(i)
(I)
in the case of any loan of not more than $45,000, 50 percent of the loan;
(II)
in the case of any loan of more than $45,000, but not more than $56,250, $22,500;
(III)
except as provided in subclause (IV) of this clause, in the case of any loan of more than $56,250, the lesser of $36,000 or 40 percent of the loan; or
(IV)
section 3710(a) of this title in the case of any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of , 25 percent of the loan; or
(ii)
the maximum amount of guaranty entitlement available to the veteran as specified in subparagraph (B) or (C).
(B)
section 3710 of this titlesection 3702(b) of this title With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum amount of guaranty entitlement available to a veteran for purposes specified in shall be $36,000, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in .
(C)
(i)
With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a veteran not covered by clause (ii), the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the loan.
(ii)
section 3702(b) of this title With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a covered veteran, the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in .
(iii)
In this subparagraph:
(I)
section 3702(b) of this title The term “covered veteran” means a veteran who has previously used entitlement under this chapter and for whom the full amount of entitlement so used has not been restored as a result of the exclusion in .
(II)
12 U.S.C. 1454(a)(2) The term “Freddie Mac conforming loan limit” means the limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act () for a single-family residence, as adjusted for the year involved.
(2)
(A)
Any housing loan which might be guaranteed under the provisions of this chapter, when made or purchased by any financial institution subject to examination and supervision by any agency of the United States or of any State may, in lieu of such guaranty, be insured by the Secretary under an agreement whereby the Secretary will reimburse any such institution for losses incurred on such loan up to 15 per centum of the aggregate of loans so made or purchased by it.
(B)
Loans insured under this section shall be made on such other terms, conditions, and restrictions as the Secretary may prescribe within the limitations set forth in this chapter.
(b)
The liability of the United States under any guaranty, within the limitations of this chapter, shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation.
(c)
(1)
12 U.S.C. 1709(b)section 3710(a) of this title Loans guaranteed or insured under this chapter shall be payable upon such terms and conditions as may be agreed upon by the parties thereto, subject to the provisions of this chapter and regulations of the Secretary issued pursuant to this chapter, and shall bear interest not in excess of such rate as the Secretary may from time to time find the loan market demands, except that in establishing the rate of interest that shall be applicable to such loans, the Secretary shall consult with the Secretary of Housing and Urban Development regarding the rate of interest applicable to home loans insured under section 203(b) of the National Housing Act (). In establishing rates of interest under this paragraph for one or more of the purposes described in clauses (4) and (7) of , the Secretary may establish a rate or rates higher than the rate specified for other purposes under such section, but any such rate may not exceed such rate as the Secretary may from time to time find the loan market demands for loans for such purposes.
(2)
The provisions of the Servicemen’s Readjustment Act of 1944 which were in effect before , with respect to the interest chargeable on loans made or guaranteed under such Act shall, notwithstanding the provisions of paragraph (1) of this subsection, continue to be applicable—
(A)
to any loan made or guaranteed before ; and
(B)
to any loan with respect to which a commitment to guarantee was entered into by the Secretary before .
(3)
This section shall not be construed to prohibit a veteran from paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used—
(A)
section 3710(a) of this titlesection 3712(a)(1)(F) of this title to refinance indebtedness pursuant to clause (5), (8), or (9)(B)(i) of or ;
(B)
section 3710(a) of this title to repair, alter, or improve a farm residence or other dwelling pursuant to clauses (4) and (7) of ;
(C)
to construct a dwelling or farm residence on land already owned or to be acquired by the veteran except where the land is directly or indirectly acquired from a builder or developer who has contracted to construct such dwelling for the veteran;
(D)
to purchase a dwelling from a class of sellers which the Secretary determines are legally precluded under all circumstances from paying such a discount if the best interest of the veteran would be so served; or
(E)
to refinance indebtedness and purchase a manufactured-home lot pursuant to section 3710(a)(9)(B)(ii) or 3712(a)(1)(G) of this title, but only with respect to that portion of the loan used to refinance such indebtedness.
(4)
(A)
In guaranteeing or insuring loans under this chapter, the Secretary may elect whether to require that such loans bear interest at a rate that is—
(i)
agreed upon by the veteran and the mortgagee; or
(ii)
established under paragraph (1).
The Secretary may, from time to time, change the election under this subparagraph.
(B)
Any veteran, under a loan described in subparagraph (A)(i), may pay reasonable discount points in connection with the loan. Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount points may not be financed as part of the principal amount of a loan guaranteed or insured under this chapter.
(C)
Not later than 10 days after an election under subparagraph (A), the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a notification of the election, together with an explanation of the reasons therefor.
(d)
(1)
The maturity of any housing loan at the time of origination shall not be more than thirty years and thirty-two days.
(2)
(A)
Any loan for a term of more than five years shall be amortized in accordance with established procedure.
(B)
The Secretary may guarantee loans with provisions for various rates of amortization corresponding to anticipated variations in family income. With respect to any loan guaranteed under this subparagraph—
(i)
the initial principal amount of the loan may not exceed the reasonable value of the property as of the time the loan is made; and
(ii)
the principal amount of the loan thereafter (including the amount of all interest to be deferred and added to principal) may not at any time be scheduled to exceed the projected value of the property.
(C)
For the purposes of subparagraph (B) of this paragraph, the projected value of the property shall be calculated by the Secretary by increasing the reasonable value of the property as of the time the loan is made at a rate not in excess of 2.5 percent per year, but in no event may the projected value of the property for the purposes of such subparagraph exceed 115 percent of such reasonable value. A loan made for a purpose other than the acquisition of a single-family dwelling unit may not be guaranteed under such subparagraph.
(3)
(A)
Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following:
(i)
42 U.S.C. 5121 A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.).
(ii)
A private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant.
(B)
With respect to any superior lien described in subparagraph (A) created after , the Secretary’s determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.
(e)
(1)
section 3729 of this titlesection 3729(c) of this title Except as provided in paragraph (2) of this subsection, an individual who pays a fee under , or who is exempted under from paying such fee, with respect to a housing loan guaranteed or insured under this chapter that is closed after , shall have no liability to the Secretary with respect to the loan for any loss resulting from any default of such individual except in the case of fraud, misrepresentation, or bad faith by such individual in obtaining the loan or in connection with the loan default.
(2)
The exemption from liability provided by paragraph (1) of this subsection shall not apply to—
(A)
section 3729(b)(2)(I) of this title an individual from whom a fee is collected (or who is exempted from such fee) under ; or
(B)
section 3712 of this title a loan made for any purpose specified in .
(f)
The application for or obtaining of a loan made, insured, or guaranteed under this chapter shall not be subject to reporting requirements applicable to requests for, or receipts of, Federal contracts, grants, loans, loan guarantees, loan insurance, or cooperative agreements except to the extent that such requirements are provided for in, or by the Secretary pursuant to, this title.

Pub. L. 85–85772 Stat. 1205Pub. L. 86–73, § 273 Stat. 156Pub. L. 86–665, § 174 Stat. 531Pub. L. 87–84, § 1(a)75 Stat. 201Pub. L. 89–358, § 5(d)80 Stat. 26Pub. L. 90–77, title IV, § 403(b)81 Stat. 190Pub. L. 91–22, § 483 Stat. 32Pub. L. 91–506, § 2(b)84 Stat. 1108Pub. L. 93–7587 Stat. 176Pub. L. 93–56988 Stat. 1863Pub. L. 94–324, § 7(6)90 Stat. 721Pub. L. 95–476, title I, § 10392 Stat. 1498Pub. L. 96–385, title IV, § 401(c)(1)94 Stat. 1533Pub. L. 97–66, title V, § 501(a)95 Stat. 1031Pub. L. 97–72, title III, § 303(c)95 Stat. 1060Pub. L. 97–295, § 4(61)96 Stat. 1309Pub. L. 97–306, title IV, § 406(b)96 Stat. 1444Pub. L. 98–223, title II, § 205(c)98 Stat. 43Pub. L. 100–198, § 3(a)(1)101 Stat. 1315Pub. L. 100–253, § 3(a)102 Stat. 20Pub. L. 100–322, title IV, § 415(a)(3)102 Stat. 550–552Pub. L. 101–237, title III103 Stat. 2073Pub. L. 102–54105 Stat. 268Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–547, § 10(a)106 Stat. 3643Pub. L. 103–78, § 6107 Stat. 769Pub. L. 103–353, § 7108 Stat. 3175Pub. L. 104–110, title I, § 101(d)110 Stat. 768Pub. L. 105–368, title VI, § 602(e)(1)(A)112 Stat. 3346Pub. L. 107–103, title IV, § 401115 Stat. 993Pub. L. 107–330, title III, § 308(f)(1)116 Stat. 2828Pub. L. 108–454, title IV, § 403118 Stat. 3616Pub. L. 110–389, title V, § 504(a)122 Stat. 4176Pub. L. 111–22, div. A, title I, § 102(a)123 Stat. 1636Pub. L. 112–154, title VII, § 701(d)126 Stat. 1204Pub. L. 116–23, § 6(a)(1)133 Stat. 973(, , , 1212, § 1803; , , ; , , ; , , ; , , ; , , ; , , ; , (c), , ; , , ; , §§ 2(c), 8(1)–(5), , , 1866; , (16), , ; , , ; , , ; , , ; , (e), , ; , (63), , ; , , ; , , ; , , ; , , ; , (c)(2), (d)(1), , ; , §§ 304(a), 306(a), 313(b)(1), (6), , , 2074, 2077; , §§ 4(b), 6, , ; renumbered § 3703 and amended , (c)(1), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act June 22, 1944, ch. 26858 Stat. 284Pub. L. 85–85772 Stat. 1105section 101 of this titleThe Servicemen’s Readjustment Act of 1944, referred to in subsec. (c)(2), is , , which was classified generally to chapter 11C (§§ 693 to 697g) of former Title 38, Pensions, Bonuses, and Veterans’ Relief, which was repealed upon the enactment of Title 38, Veterans’ Benefits, by , , . For distribution of sections 693 to 697g of former Title 38 in this title, see Table preceding .

Pub. L. 93–28888 Stat. 143section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(3)(A)(i), is , , , which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 116–23, § 6(a)(1)(A)(i)2019—Subsec. (a)(1)(A)(i)(IV). , struck out “the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or” before “25 percent”.

Pub. L. 116–23, § 6(a)(1)(A)(ii)Subsec. (a)(1)(A)(ii). , substituted “subparagraph (B) or (C)” for “subparagraph (B) of this paragraph”.

Pub. L. 116–23, § 6(a)(1)(B)Subsec. (a)(1)(B). , substituted “With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum” for “The maximum” and struck out “or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, the maximum guaranty amount (as defined in subparagraph (C)),” after “$36,000,”.

Pub. L. 116–23, § 6(a)(1)(C)12 U.S.C. 1454(a)(2)Subsec. (a)(1)(C). , added subpar. (C) and struck out former subpar. (C) which read as follows: “In this paragraph, the term ‘maximum guaranty amount’ means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act () for a single-family residence, as adjusted for the year involved.”

Pub. L. 112–1542012—Subsec. (d)(3). amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Secretary may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. In respect to any such superior lien to be created after , the Secretary’s determination must have been made prior to the recordation of the covenant.”

Pub. L. 111–222009—Subsec. (d)(1). inserted “at the time of origination” after “loan”.

Pub. L. 110–3892008—Subsec. (a)(1)(A)(i)(IV). inserted “(5),” after “(3),”.

Pub. L. 108–454, § 403(a)2004—Subsec. (a)(1)(A)(i)(IV), (B). , substituted “the maximum guaranty amount (as defined in subparagraph (C))” for “$60,000”.

Pub. L. 108–454, § 403(b)Subsec. (a)(1)(C). , added subpar. (C).

Pub. L. 107–3302002—Subsec. (e)(2)(A). substituted “3729(b)(2)(I)” for “3729(b)”.

Pub. L. 107–1032001—Subsec. (a)(1)(A)(i)(IV), (B). substituted “$60,000” for “$50,750”.

Pub. L. 105–3681998—Subsec. (e)(1). substituted “3729(c)” for “3729(c)(1)”.

Pub. L. 104–1101996—Subsec. (c)(4)(D). struck out subpar. (D) which read as follows: “This paragraph shall expire on .”

Pub. L. 103–3531994—Subsec. (a)(1)(A)(i)(IV), (B). substituted “$50,750” for “$46,000”.

Pub. L. 103–781993—Subsec. (c)(4)(B). in second sentence substituted “Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount” for “Discount”.

Pub. L. 102–547, § 10(a)(1)12 U.S.C. 1709(b)1992—Subsec. (c)(1). , in first sentence substituted “applicable to” for “the Secretary of Housing and Urban Development considers necessary to meet the mortgage market for” and struck out “, and, to the maximum extent practicable, carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter” after “()”.

Pub. L. 102–547, § 10(a)(2)Subsec. (c)(4). , added par. (4).

Pub. L. 102–83, § 5(a)section 1803 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(1)(A). , substituted “3710” for “1810” in introductory provisions.

Pub. L. 102–54, § 6(1)Subsec. (a)(1)(A)(i)(III). , inserted “except as provided in subclause (IV) of this clause,” after “(III)” and struck out “but not more than $144,000,” after “$56,250,”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(1)(A)(i)(IV). , substituted “3710(a)” for “1810(a)”.

Pub. L. 102–54, § 6(2), substituted “(6), or (8)” for “or (6)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(1)(B). , substituted “3710” for “1810” and “3702(b)” for “1802(b)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (c)(1). , substituted “3710(a)” for “1810(a)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (c)(3). , substituted “3710(a)” for “1810(a)” and “3712(a)(1)(F)” for “1812(a)(1)(F)” in subpar. (A), “3710(a)” for “1810(a)” in subpar. (B), and “3710(a)(9)(B)(ii) or 3712(a)(1)(G)” for “1810(a)(9)(B)(ii) or 1812(a)(1)(G)” in subpar. (E).

Pub. L. 102–83, § 5(c)(1)Subsec. (e)(1). , substituted “3729” for “1829” and “3729(c)(1)” for “1829(c)(1)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (e)(2). , substituted “3729(b)” for “1829(b)” in subpar. (A) and “3712” for “1812” in subpar. (B).

Pub. L. 102–54, § 4(b)Subsec. (f). , added subsec. (f).

Pub. L. 101–237, § 306(a)(1)1989—Subsec. (a)(1)(A)(i). , added subcls. (II) to (IV) and struck out former subcl. (II) which read as follows: “in the case of any loan of more than $45,000, the lesser of $36,000 or 40 percent of the loan, except that the amount of such guaranty for any such loan shall not be less than $22,500; or”.

Pub. L. 101–237, § 306(a)(2)Subsec. (a)(1)(B). , inserted “, or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, $46,000,” after “$36,000”.

Pub. L. 101–237, § 313(b)(1)Subsec. (a)(2). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 313(b)(6)Subsec. (c)(1). , substituted “Secretary of Housing and Urban Development considers” for “Secretary considers”.

Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 313(b)(1)Subsec. (c)(2)(B), (3)(D). , substituted “Secretary” for “Administrator”.

Pub. L. 101–237, § 313(b)(1)Subsec. (d)(2)(B), (C), (3). , substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

Pub. L. 101–237, § 304(a)Subsec. (e). , added subsec. (e).

Pub. L. 100–322, § 415(a)(3)(B)1988—, inserted “and insurance” in section catchline.

Pub. L. 100–322, § 415(d)(1)section 1810 of this titleSubsec. (a)(1). , inserted “as specified in subparagraph (B) of this paragraph” before period at end of cl. (A)(ii) and substituted “for purposes specified in ” for “under section 1810 of this chapter” in cl. (B).

Pub. L. 100–253section 1810 of this title amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed—

“(A) in the case of any loan of not more than $45,000, 50 percent of the loan; or

“(B) in the case of any loan of more than $45,000, 40 percent of the loan or $36,000, whichever is less, except that the amount of such guaranty for any such loan shall not be less than $22,500;

section 1802(b) of this titlereduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in .”

Pub. L. 100–322, § 415(a)(3)(A)(ii)section 1815 of this titleSubsec. (a)(2). , (iii), (B)(ii), redesignated subsecs. (a) and (b) of as subpars. (A) and (B), respectively, of par. (2) of subsec. (a) of this section and struck out former par. (2) which read as follows: “Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect before , is hereby restored and shall not expire until used.”

Pub. L. 100–322, § 415(c)(2)(A)Subsec. (c)(3)(A). , substituted “1812(a)(1)(F)” for “1819(a)(1)(F)”.

Pub. L. 100–322, § 415(c)(2)(B)Subsec. (c)(3)(E). , substituted “1812(a)(1)(G)” for “1819(a)(1)(G)”.

Pub. L. 100–198section 1810 of this title1987—Subsec. (a)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes, and in compliance with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 percent of the loan if the loan is made for any of the purposes specified in .”

Pub. L. 98–223, § 205(c)(1)1984—Subsec. (c)(3)(A). , substituted “, (8), or (9)(B)(i)” for “or (8)”.

Pub. L. 98–223, § 205(c)(2)Subsec. (c)(3)(E). , inserted “1810(a)(9)(B)(ii) or” after “section”.

Pub. L. 97–295, § 4(61)1982—Subsec. (a)(1). , substituted “percent” for “per centum”.

Pub. L. 97–295, § 4(63)(A)Subsec. (a)(2). , substituted “before ,” for “prior to the date of enactment of the Veterans’ Housing Act of 1970”.

Pub. L. 97–295, § 4(63)(B)12 U.S.C. 1709(b)Subsec. (c)(1). , inserted “()” after “the National Housing Act”.

Pub. L. 97–306, § 406(b)(1)Pub. L. 97–306Subsec. (c)(3). , substituted “used—” for “used:”. Notwithstanding that directed amendment be made in provisions preceding cl. (1), amendment was executed in provisions preceding cl. (A) as the probable intent of Congress in view of the absence of a cl. (1) in subsec. (c)(3).

Pub. L. 97–306, § 406(b)(2)Subsec. (c)(3)(E). –(4), added cl. (E).

Pub. L. 97–295, § 4(63)(C)Subsec. (d)(3). , substituted “” for “the effective date of this amendment”.

Pub. L. 97–72, § 303(e)1981—Subsec. (a)(2)(A) [formerly § 1815(a)]. , substituted “Any housing loan” for “Any loan”. See 1988 Amendment note above.

Pub. L. 97–72, § 303(c)(1)Subsec. (d)(1). , substituted “any housing loan” for “any loan”.

Pub. L. 97–66Subsec. (d)(2). designated existing provisions as subpar. (A) and added subpars. (B) and (C).

Pub. L. 97–72, § 303(c)(2)Subsec. (d)(3). , substituted “Any real estate housing loan” for “Any real estate loan”.

Pub. L. 96–385section 1810(a) of this titlesection 1819(a)(1)(F) of this title1980—Subsec. (c)(3)(A). substituted “clause (5) or (8) of or ” for “section 1810(a)(5)”.

Pub. L. 95–476, § 103(a)1978—Subsec. (a)(1). , substituted provision extending loan guarantees under this section to veterans eligible for benefits under this chapter for provision limiting such guarantees to World War II or Korean conflict veterans.

Pub. L. 95–476, § 103(b)(1)section 1810(a) of this titleSubsec. (c)(1). , inserted provision authorizing the Administrator in establishing rates of interest under this paragraph for purposes of cls. (4) to (7) of to establish rates higher than the rate specified for other purposes under such section but not in excess of the rate the Administrator may find the loan market demands for loans for such purposes.

Pub. L. 95–476, § 103(b)(2)section 1810(a) of this titleSubsec. (c)(3)(B). , substituted “clauses (4) and (7) of ” for “section 1810(a)(4)”.

Pub. L. 94–324, § 7(16)1976—Subsec. (a)(2)(A) [formerly § 1815(a)]. , substituted “the Administrator will” for “he will”. See 1988 Amendment note above.

Pub. L. 94–324, § 7(6)Subsec. (d)(3). , substituted “the Administrator determines” for “he determines”.

Pub. L. 93–569, § 8(1)section 1810 of this title1974—Subsec. (a)(1). , struck out “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title” after “”.

Pub. L. 93–569, § 8(5)Subsec. (a)(2)(B) [formerly § 1815(b)]. , struck out provision authorizing the Administrator to fix maximum interest rate payable on non-real-estate loans at not in excess of 3 percent discount rate or an equivalent straight interest rate on unamortized loans.

Pub. L. 93–569, § 8(2), struck out provision that, except as provided in sections 1810, 1811, and 1819, the aggregate amount guaranteed should not be more than $2,000 in the case of non-real-estate loans, nor $4,000 in the case of real-estate loans or a prorated portion thereof in a combination loan.

Pub. L. 93–569, § 2(c)Subsec. (c)(3). , added par. (3).

Pub. L. 93–569, § 8(3)Subsec. (d)(1). , substituted provision that the maturity of any loan shall not be more than thirty years and thirty-two days for provisions that non-real-estate loans shall not be more than ten years except as provided in section 1819, that the maturity of a real estate loan be not more than thirty years, and a loan on farm realty be not more than forty years.

Pub. L. 93–569, § 8(4)Subsec. (d)(3). , struck out provision that any non-real-estate loan should be secured by personalty to the extent legal and practicable.

Pub. L. 93–751973—Subsec. (c)(1). substituted provisions requiring the Administrator to consult with the Secretary of Housing and Urban Development regarding the establishment of the rate of interest the Secretary considers necessary to meet the mortgage market for home loans insured under section 203(b) of the National Housing Act, and to carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter, for former provision limiting rate of interest to rate in effect under section 203(b)(5) of the National Housing Act.

Pub. L. 91–506, § 2(b)1970—Subsec. (a). , struck out loan eligibility expiration dates for World War II and Korean conflict veterans and inserted provision restoring expired entitlements of World War II and Korean conflict veterans and providing that such entitlements shall not expire until used.

Pub. L. 91–506, § 2(c)(1)Subsec. (b). , substituted “1810, 1811, and 1819” for “1810 and 1811”.

Pub. L. 91–506, § 2(c)(2)section 1819 of this titleSubsec. (d)(1). , limited maturity of non-real-estate loan to not more than ten years except as provided in .

Pub. L. 91–221969—Subsec. (d)(3). authorized the Administrator, in determining whether a Government loan is secured by a first lien on realty, to disregard a superior lien created by a duly recorded covenant which secures a veteran homeowner’s share of the costs of managing, operating or maintaining property, services or programs common to the community in which the veteran’s home is located, provided the interests of the Government and the veteran borrower are not prejudiced.

Pub. L. 90–771967—Subsec. (a)(3)(A). extended in cls. (i) and (ii) loan program for certain World War II veterans from to .

Pub. L. 89–358section 1709(b)(5) of Title 121966—Subsec. (c)(1). struck out provision for approval of rate of interest by the Secretary of the Treasury and substituted provision for a rate not in excess of that in effect under section 203(b)(5) of the National Housing Act, , for former limitation of 5¼ per centum per annum.

Pub. L. 87–84section 1801(a)(1)(B) of this title1961—Subsec. (a). substituted “to a World War II or Korean conflict veteran, if made within the applicable period prescribed in paragraph (3) of this subsection” for “made to a World War II veteran, if made before (or, in the case of a veteran described in , before the expiration of fifteen years after World War II is deemed to have ended with respect to him), or to a Korean conflict veteran, if made before ,” in par. (1), and “is received by the Administrator before the date of the expiration of the veteran’s entitlement, the loan” for “to a World War II veteran, whose entitlement would otherwise expire on , has been received by the Administrator before , such loan” in par. (2), and added par. (3).

Pub. L. 86–6651960—Subsec. (a). substituted “1962” for “1960” in three places, “fifteen” for “thirteen” years, and “after such date” for “before ”.

Pub. L. 86–731959—Subsec. (c)(1). struck out requirement that the interest rate on a Veterans’ Administration guarantee for direct loan be at least one-half of one percent below the prevailing rate on FHA-insured sales housing loans and increased the interest rate ceiling from 4¾ to 5¼ percent.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–23, § 6(d)133 Stat. 976

section 3710 of title 38“The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under , United States Code, on or after .”
, , , provided that:

Effective Date of 2012 Amendment

Pub. L. 112–154section 701(g) of Pub. L. 112–154section 2109 of this titleAmendment by effective on the date that is one year after , see , set out as an Effective Date note under .

Effective Date of 2002 Amendment

Pub. L. 107–330, title III, § 308(f)(2)116 Stat. 2828

Public Law 106–419114 Stat. 1861“The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 402 of the Veterans Benefits and Health Care Improvement Act of 2000 (; ).”
, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–368section 602(f) of Pub. L. 105–368section 2106 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–353section 8 of Pub. L. 103–353section 4301 of this titleAmendment by effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see , set out as an Effective Date note under .

Effective Date of 1989 Amendment

Pub. L. 101–237, title III, § 306(b)103 Stat. 2074

“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply only with respect to loans closed after such date.”
, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–253, § 3(c)102 Stat. 21

“The amendments made by this section [amending this section and section 1819 [now 3712] of this title] shall apply to loans which are closed on or after , except that they shall not apply to any loan for which a guaranty commitment is made on or before .”
, , , provided that:

Effective Date of 1987 Amendment

Pub. L. 100–198, § 3(d)101 Stat. 1316

“The amendments made by this section [amending this section and sections 1810, 1811, and 1819 [now 3710, 3711, and 3712] of this title] shall apply to loans which are closed on or after , except that they shall not apply to any loan for which a guaranty commitment is made on or before .”
, , , provided that:

Effective Date of 1981 Amendments

Pub. L. 97–72section 305 of Pub. L. 97–72section 3741 of this titleAmendment by effective at end of 180-day period beginning on , see , set out as an Effective Date note under .

Pub. L. 97–66section 701(b)(1) of Pub. L. 97–66section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–385section 601(d) of Pub. L. 96–385section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–476section 108(a) of Pub. L. 95–476section 3702 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–324section 9(a) of Pub. L. 94–324section 3701 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–569section 10 of Pub. L. 93–569section 3702 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–77section 405 of Pub. L. 90–77section 101 of this titleAmendment by effective first day of first calendar month which begins more than ten days after , see , set out as a note under .

Pub. L. 116–23Guidance To Implement Amendment by

Pub. L. 116–23, § 6(e)133 Stat. 976

section 501 of title 38“Notwithstanding , United States Code, the Secretary of Veterans Affairs may issue guidance to implement this section [amending this section and sections 3710, 3729, and 3762 of this title and enacting provisions set out as a note under this section] before prescribing new regulations under sections 3703, 3729, and 3762 of such title, as amended by this section.”
, , , provided that:

Pub. L. 111–22Implementation of Amendment by

Pub. L. 111–22, div. A, title I, § 102(b)123 Stat. 1636

“The Secretary of Veterans Affairs may implement the amendments made by this section [amending this section] through notice, procedure notice, or administrative notice.”
, , , provided that:

Temporary Increase in Maximum Loan Guaranty Amount for Certain Housing Loans Guaranteed by Secretary of Veterans Affairs

Pub. L. 110–389, title V, § 501122 Stat. 4175Pub. L. 112–154, title VII, § 702(c)126 Stat. 1205

section 3703(a)(1) of title 38“Notwithstanding subparagraph (C) of , United States Code, for purposes of any loan described in subparagraph (A)(i)(IV) of such section that is originated during the period beginning on the date of the enactment of this Act [] and ending on , the term ‘maximum guaranty amount’ shall mean an amount equal to 25 percent of the higher of—
“(1)
12 U.S.C. 1454(a)(2) the limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act () for the calendar year in which the loan is originated for a single-family residence; or
“(2)
125 percent of the area median price for a single-family residence, but in no case to exceed 175 percent of the limitation determined under such section 305(a)(2) for the calendar year in which the loan is originated for a single-family residence.”
, , , as amended by , , , provided that:

Ratification of Actions During Period of Expired Authority

Pub. L. 104–110section 103 of Pub. L. 104–110section 1710 of this titleAny action taken by Secretary of Veterans Affairs before , under provision of law amended by title I of that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on , considered to have same force and effect as if such amendment had been in effect at time of that action, see , set out as a note under .

Annual Reports on Guarantee and Insurance of Loans Bearing Negotiated Interest Rates and Points

Pub. L. 102–547, § 10(b)106 Stat. 3643Pub. L. 103–446, title XII, § 1202(d)108 Stat. 4689Pub. L. 104–110, title II, § 201(b)110 Stat. 770, , , as amended by , , , directed Secretary of Veterans Affairs to transmit report on guarantee and insurance of loans bearing negotiated interest rates and points to Committees on Veterans’ Affairs of Senate and House of Representatives no later than , and annually thereafter, prior to repeal by , , .

Expiration of Loan Benefit Entitlement of Certain World War II Veterans

Pub. L. 90–77, title IV, § 403(c)81 Stat. 190section 403 of Pub. L. 90–77section 405(a) of Pub. L. 90–77section 101 of this title, , , provided that the World War II loan benefit entitlement of any veteran whose period of entitlement as computed under former subsec. (a)(3)(A) of this section extended beyond , was not to be deemed to expire earlier than ninety days after the effective date of [see , set out as an Effective Date of 1967 Amendment note under ].