Requirement of Fee .—
Determination of Fee .—
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 on or after October 1, 2004, and before January 1, 2020) | 2.15 | 2.40 | 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, 2020, and before April 7, 2023) | 2.30 | 2.30 | 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 April 7, 2023, and before June 9, 2034) | 2.15 | 2.15 | 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 June 9, 2034) | 1.40 | 1.40 | 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 on or after October 1, 2004, and before January 1, 2020) | 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 January 1, 2020, and before April 7, 2023) | 3.60 | 3.60 | NA |
(B)(iii) 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 April 7, 2023, and before June 9, 2034) | 3.30 | 3.30 | NA |
(B)(iv) 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 June 9, 2034) | 1.25 | 1.25 | NA |
(C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed before January 1, 2020) | 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 January 1, 2020, and before April 7, 2023) | 1.65 | 1.65 | NA |
(C)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after April 7, 2023, and before June 9, 2034) | 1.50 | 1.50 | NA |
(C)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after June 9, 2034) | 0.75 | 0.75 | NA |
(D)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before January 1, 2020) | 1.25 | 1.50 | NA |
(D)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after January 1, 2020, and before April 7, 2023) | 1.40 | 1.40 | NA |
(D)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after April 7, 2023, and before June 9, 2034) | 1.25 | 1.25 | NA |
(D)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after June 9, 2034) | 0.50 | 0.50 | 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. |
Waiver of Fee .—
Pub. L. 97–253, title IV, § 406(a)(1)96 Stat. 805Pub. L. 98–369, div. B, title V, § 2511(a)98 Stat. 1117Pub. L. 100–198101 Stat. 1315Pub. L. 100–203, title VII, § 7002101 Stat. 1330–279Pub. L. 100–322, title IV, § 415(c)(6)102 Stat. 551Pub. L. 101–237, title III103 Stat. 2071Pub. L. 101–239, title V, § 5001103 Stat. 2136Pub. L. 101–508, title VIII, § 8032104 Stat. 1388–348Pub. L. 102–54, § 15(a)(3)105 Stat. 289Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–547106 Stat. 3633Pub. L. 103–66, title XII, § 12007107 Stat. 414Pub. L. 103–446, title IX, § 904(c)108 Stat. 4677Pub. L. 104–275, title II, § 202(b)110 Stat. 3330Pub. L. 105–33, title VIII111 Stat. 664Pub. L. 105–368, title VI112 Stat. 3346Pub. L. 106–419, title IV, § 402(b)114 Stat. 1861Pub. L. 107–14, § 8(b)(4)115 Stat. 36Pub. L. 107–103, title IV115 Stat. 994Pub. L. 108–183, title IV, § 405117 Stat. 2665Pub. L. 108–454, title IV, § 406118 Stat. 3617Pub. L. 111–275, title II, § 204124 Stat. 2874Pub. L. 112–26, § 3(a)125 Stat. 269Pub. L. 112–37, § 15125 Stat. 398Pub. L. 112–56, title II, § 265(a)125 Stat. 732Pub. L. 112–154, title II, § 210126 Stat. 1179Pub. L. 113–146, title VII, § 704128 Stat. 1797Pub. L. 115–46, title IV, § 402131 Stat. 969Pub. L. 115–182, title V, § 508132 Stat. 1480Pub. L. 116–23, § 6(b)133 Stat. 973Pub. L. 116–154, § 7134 Stat. 694Pub. L. 116–283, div. A, title IX, § 926(a)(49)134 Stat. 3830Pub. L. 116–315, title II134 Stat. 4981Pub. L. 117–76, § 6135 Stat. 1520Pub. L. 117–328, div. U, title II, § 204136 Stat. 5451Pub. L. 118–19, § 4137 Stat. 107Pub. L. 118–83, div. B, title III, § 336138 Stat. 1542Pub. L. 118–210, title II, § 231(f)138 Stat. 2787(Added , , , § 1829; amended , , ; , §§ 2, 10(c), , , 1323; , , ; , , ; , §§ 303(a), 313(b)(1), , , 2077; , , ; , , ; , (4), , ; renumbered § 3729 and amended , (c)(1), , ; , §§ 2(b)(1), 5, , , 3636; , , ; , , ; , , ; , §§ 8012, 8032, , , 669; , §§ 602(e)(1)(D), 603(b), , , 3348; , , ; , , ; , §§ 405(c), 406, , ; , , ; , , ; , , ; , , ; , , ; , , ; , title VII, § 702(b), , , 1205; , , ; , , ; , , ; , (c), , , 975; , , ; , , ; , §§ 2102, 2103, , ; , , ; , , ; , , ; , , ; , title V, § 503, , , 2801.)
Editorial Notes
Amendments
Pub. L. 118–210, § 5032025—Subsec. (b)(2). , substituted “” for “” wherever appearing in table.
Pub. L. 118–210, § 231(f)Subsec. (b)(4)(F). , substituted “3762(h)(1)” for “3762(h)”.
Pub. L. 118–832024—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 118–192023—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 117–3282022—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 117–762021—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 116–315, § 2103, substituted “” for “” wherever appearing in table.
Pub. L. 116–315, § 2102(1)section 3711 of this titlesection 3711 of this titleSubsec. (b)(4)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “The term ‘initial loan’ means a loan to a veteran guaranteed under section 3710 or made under if the veteran has never obtained a loan guaranteed under section 3710 or made under .”
Pub. L. 116–315, § 2102(2)section 3711 of this titleSubsec. (b)(4)(E). , substituted “that is not an initial loan” for “if the veteran has previously obtained a loan guaranteed under section 3710 or made under ”.
Pub. L. 116–283Subsec. (c)(1). substituted “air, or space service” for “or air service”.
Pub. L. 116–1542020—Subsec. (b)(2). added loan fee table and struck out former loan fee table which set out amounts of fees per loan type.
Pub. L. 116–23, § 6(b)2019—Subsec. (b)(2). , added loan fee table and struck out former loan fee table which set out amounts of fees per loan type.
Pub. L. 116–23, § 6(c)Subsec. (c)(1). , substituted “, from a surviving spouse” for “or from a surviving spouse” and inserted “, or from a member of the Armed Forces who is serving on active duty and who provides, on or before the date of loan closing, evidence of having been awarded the Purple Heart” before period at end.
Pub. L. 115–1822018—Subsec. (b)(2). substituted “2028” for “2027” wherever appearing in table.
Pub. L. 115–462017—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 113–1462014—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 112–154, § 702(b)2012—Subsec. (b)(2). , substituted “” for “” wherever appearing in table.
Pub. L. 112–154, § 210Subsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A veteran who is rated eligible to receive compensation as a result of a pre-discharge disability examination and rating shall be treated as receiving compensation for purposes of this subsection as of the date on which the veteran is rated eligible to receive compensation as a result of the pre-discharge disability examination and rating without regard to whether an effective date of the award of compensation is established as of that date.”
Pub. L. 112–372011—Subsec. (b)(2). substituted “” for “” wherever appearing in table.
Pub. L. 112–56, § 265(a)(1)Subsec. (b)(2)(A)(iii), (iv). , substituted “” for “”.
Pub. L. 112–56, § 265(a)(2)(A)Subsec. (b)(2)(B)(i). , substituted “” for “”.
Pub. L. 112–26, § 3(a)(1), substituted “” for “” and substituted “3.30” for “3.00” in two places.
Pub. L. 112–56, § 265(a)(2)(B)Subsec. (b)(2)(B)(ii). –(D), redesignated cl. (iv) as (ii), substituted “” for “”, and struck out former cl. (ii) which listed loan fees of 2.80 percent in the first two table columns for a 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 , and before ).
Pub. L. 112–26, § 3(a)(2), substituted “, and before ” for “, and before ” and substituted “2.80” for “3.30” in two places.
Pub. L. 112–56, § 265(a)(2)(B)Subsec. (b)(2)(B)(iii). , struck out cl. (iii) which listed loan fees of 2.15 percent in the first two table columns for a 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 , and before ).
Pub. L. 112–26, § 3(a)(3), substituted “” for “”.
Pub. L. 112–56, § 265(a)(2)(C)Subsec. (b)(2)(B)(iv). , redesignated cl. (iv) as (ii).
Pub. L. 112–56, § 265(a)(3)Subsec. (b)(2)(C), (D). , (4), substituted “” for “” wherever appearing.
Pub. L. 111–2752010—Subsec. (c)(1). inserted “or active service pay” after “retirement pay”.
Pub. L. 108–4542004—Subsec. (c). designated existing provisions as par. (1) and added par. (2).
Pub. L. 108–1832003—Subsec. (b)(2). amended par. (2) generally, revising table by adding cls. (iii) and (iv) of subpars. (A) and (B) and changing dates in subpars. (A) and (B).
Pub. L. 107–14Pub. L. 106–4192001— made technical amendment to . See 2000 Amendment note below.
Pub. L. 107–103, § 405(c)Subsec. (b)(2). , substituted “” for “” wherever appearing in table.
Pub. L. 107–103, § 406section 3702(a)(2)(E) of this titleSubsec. (b)(4)(B). , inserted “who is eligible under ” before period.
Pub. L. 106–419Pub. L. 107–142000—, as amended by , amended text generally, substituting present provisions for provisions which established loan fee, set fee as 1.25 percent of total loan amount, with exceptions, provided that amount of fee may be included in loan amount and paid from proceeds thereof, provided for increased loan fee percentage for loans closed during specified period, provided for fees on subsequent loans and assumed loans, and provided that fees may not be collected from veterans receiving compensation or from surviving spouses of any veterans who died from service-connected disability.
Pub. L. 105–368, § 602(e)(1)(D)(ii)1998—Subsec. (a)(1). , substituted “(c)” for “(c)(1)”.
Pub. L. 105–368, § 603(b)Subsec. (a)(4). , designated existing provisions as subpar. (A), substituted “during the period specified in subparagraph (B)” for “after , and before ,”, and added subpar. (B).
Pub. L. 105–368, § 603(e)(1)(D)(i)Subsec. (c). , struck out “(1)” before “A fee may not” and struck out pars. (2) and (3) which read as follows:
section 3725(c) of this title“(2) There shall be credited to the Guaranty and Indemnity Fund (in addition to the amount required to be credited to such Fund under clause (A) or (B) of paragraph (2) of or paragraph (3) of that section), on behalf of a veteran or surviving spouse described in paragraph (1) of this subsection, an amount equal to the fee that, except for paragraph (1) of this subsection, would be collected from such veteran or surviving spouse.
“(3) Credits to the Guaranty and Indemnity Fund under paragraph (2) of this subsection with respect to loans guaranteed, insured, or made under this chapter that are closed during fiscal year 1990 shall be made in October 1990.”
Pub. L. 105–33, § 8032(1)(A)1997—Subsec. (a)(2)(A). , struck out “or 3733(a)” after “section 3711”.
Pub. L. 105–33, § 8032(1)(B)Subsec. (a)(2)(F). –(D), added subpar. (F).
Pub. L. 105–33Subsec. (a)(4). , §§ 8012(1), 8032(2), substituted “” for “” and “(E), or (F)” for “or (E)”.
Pub. L. 105–33, § 8012(2)Subsec. (a)(5)(C). , substituted “” for “”.
Pub. L. 104–2751996—Subsec. (a)(2)(E). substituted “3712(a)(1)(F), or 3762(h)” for “or 3712(a)(1)(F)”.
Pub. L. 103–4461994—Subsec. (a)(2)(E). inserted “3710(a)(11),” after “3710(a)(9)(B)(i),”.
Pub. L. 103–66, § 12007(c)1993—Subsec. (a)(2). , substituted “paragraphs (4) and (5)” for “paragraph (6)” in introductory provisions.
Pub. L. 103–66, § 12007(a)Subsecs. (a)(4) to (6). , (b), added pars. (4) and (5) and struck out par. (6) which read as follows: “With respect to each loan closed during the period beginning on , and ending on , each amount specified in paragraph (2) of this subsection shall be increased by 0.625 percent of the total loan amount.”
Pub. L. 102–547, § 5(1)1992—Subsec. (a)(2)(A). , inserted “(other than section 3712(a)(1)(F))” after “section 3712”.
Pub. L. 102–547, § 2(b)(1)Subsec. (a)(2)(D). , added subpar. (D).
Pub. L. 102–547, § 5(2)Subsec. (a)(2)(E). , added subpar. (E).
Pub. L. 102–83, § 5(a)section 1829 of this title1991—, renumbered as this section.
Pub. L. 102–83, § 5(c)(1)Subsec. (a)(1). , substituted “3733(a)” for “1833(a)”.
Pub. L. 102–83, § 5(c)(1)Subsec. (a)(2). , substituted “3711 or 3733(a)” for “1811 or 1833(a)” and “3712” for “1812” in subpar. (A) and “3712(a)” for “1812(a)” in subpars. (B) and (C).
Pub. L. 102–54, § 15(a)(3)Subsec. (a)(3) to (5). , redesignated par. (5) as (3) and struck out former pars. (3) and (4) which read as follows:
“(3) Except as provided in paragraph (4) of this subsection, there shall be credited to the Guaranty and Indemnity Fund (in addition to the amount required to be credited to such Fund under section 1825(c)(2)(A) or (B) of this title), on behalf of a veteran who has made a downpayment described in paragraph (2)(C) of this subsection, an amount equal to 0.25 percent of the total loan amount for the fiscal year in which the loan is closed and for the following fiscal year.
“(4) Credits to the Guaranty and Indemnity Fund under paragraph (3) of this subsection with respect to loans guaranteed or insured under this chapter that are closed during fiscal year 1990 shall be made in October 1990 and October 1991.”
Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3714” for “1814”.
Pub. L. 102–83, § 5(c)(1)Subsec. (c)(2). , substituted “3725(c)” for “1825(c)”.
Pub. L. 102–54, § 15(a)(4)section 1825(c) of this title, substituted “clause (A) or (B) of paragraph (2) of or paragraph (3) of that section” for “section 1825(c)(2)(A) or (B) of this title and subsection (a)(3) of this section”.
Pub. L. 101–508, § 8032(1)1990—Subsec. (a)(2). , substituted “Except as provided in paragraph (6) of this subsection, the amount” for “The amount”.
Pub. L. 101–508, § 8032(2)Subsec. (a)(6). , added par. (6).
Pub. L. 101–237, § 303(a)1989—, amended section generally. Prior to amendment, section read as follows:
“(a) Except as provided in subsection (b) of this section, a fee shall be collected from each veteran obtaining a housing loan guaranteed, made, or insured under this chapter, and from each person obtaining a loan from the Secretary to finance the purchase of real property from the Secretary, and no such loan may be guaranteed, made, or insured under this chapter until the fee payable with respect to such loan has been remitted to the Secretary. The amount of the fee shall be one percent of the total loan amount. The amount of the fee may be included in the loan and paid from the proceeds thereof.
“(b) 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 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.
“(c) A fee may not be collected under this section with respect to any loan closed after .
“(d) Except as provided in subsection (b) of this section, a fee shall be collected from a person assuming a loan to which section 1814 of this chapter applies. The amount of the fee shall be equal to one-half of one percent of the balance of such loan on the date of the transfer of the property.”
Pub. L. 101–237, § 313(b)(1)Subsec. (a). , substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 101–239Subsec. (c). substituted “” for “”.
Pub. L. 100–3221988—Subsec. (d). substituted “section 1814” for “section 1817A”.
Pub. L. 100–198, § 2(b)section 1801(b)(2) of this title1987—Subsec. (b). , substituted “of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability” for “described in ”.
Pub. L. 100–198, § 2(a)Pub. L. 100–203Subsec. (c). , and , amended subsec. identically, substituting “” for “”.
Pub. L. 100–198, § 10(c)Subsec. (d). , added subsec. (d).
Pub. L. 98–369, § 2511(a)(1)1984—Subsec. (a). , inserted “and from each person obtaining a loan from the Administrator to finance the purchase of real property from the Administrator,” after “under this chapter,”, struck out “one-half of” before “one percent of the total loan amount”, and struck out “to the veteran” after “in the loan”.
Pub. L. 98–367, § 2511(a)(2)Subsecs. (c), (d). , (3), redesignated subsec. (d) as (c) and substituted “” for “”. Former subsec. (c), which related to deposit of fees collected under this section into Treasury as miscellaneous receipts, was struck out.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Pub. L. 116–23section 3710 of this titlesection 6(d) of Pub. L. 116–23section 3703 of this titleAmendment by applicable with respect to a loan guaranteed under on or after , see , set out as a note under .
Effective Date of 2011 Amendment
Pub. L. 112–56, title II, § 265(b)125 Stat. 733
Pub. L. 112–26, § 3(b)125 Stat. 269
Effective Date of 2003 Amendment
Pub. L. 108–183, title IV, § 405117 Stat. 2665, , , provided that the amendment made by section 405 is effective .
Effective Date of 2001 Amendment
Pub. L. 107–14, § 8(b)115 Stat. 36Pub. L. 106–419, , , provided that the amendment made by section 8(b) is effective , and as if included in the Veterans Benefits and Health Care Improvement Act of 2000, , as enacted.
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 1989 Amendment
Pub. L. 101–237, title III, § 303(b)103 Stat. 2073
Effective Date of 1984 Amendment
Pub. L. 98–369, div. B, title V, § 2511(c)98 Stat. 1117
Effective Date
Pub. L. 97–253, title IV, § 406(b)96 Stat. 805Pub. L. 102–83, § 5(c)(2)105 Stat. 406
Temporary Increase in Certain Housing Loan Fees
Pub. L. 109–233, title I, § 101(f)120 Stat. 399
Fee for Loan Assumption
Pub. L. 107–330, title III, § 307116 Stat. 2827
In General .—
Period Described .—
Ratification of Actions by Secretary of Veterans Affairs and by Secretary of the Treasury Between , and
Pub. L. 102–54, § 15(b)105 Stat. 289Pub. L. 102–83, § 5(c)(2)105 Stat. 406
Ratification of Actions of Secretary of Veterans Affairs During Transition Periods
section 604 of Pub. L. 101–237section 1720B of this titleFor provisions ratifying any actions of the Secretary of Veterans Affairs in carrying out this section during the period beginning , and ending , see , set out as a note under .
section 3(b) of Pub. L. 101–110section 1720B of this titleFor provisions ratifying any actions of the Secretary of Veterans Affairs in carrying out this section during the period beginning , and ending , see , set out as a note under .
Rule for Construction of Duplicate Provisions
Pub. L. 100–203Pub. L. 100–198section 7004(b) of Pub. L. 100–203section 3733 of this titleFor rule relating to construction of provisions of and making duplicate amendments to this section, see , set out as a note under .
Extension of Time for Collection of Fees
Pub. L. 101–237, title III, § 303(c)103 Stat. 2073, , , directed Secretary of Veterans Affairs to collect fees under this section through .
Pub. L. 101–110, § 2103 Stat. 682, , , authorized collection of fees under this section with respect to loans closed before .
Pub. L. 100–136, § 1(b)101 Stat. 813, , , authorized collection of fees under this section with respect to loans closed through .
Home Loan Origination Fee
Pub. L. 99–576, title IV, § 409100 Stat. 3283