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38 U.S.C. § 3733 — Property management
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Of the number of purchases made during any fiscal year of real property acquired by the Secretary as the result of a default on a loan guaranteed under this chapter for a purpose described in [section 3710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/a&num=0&edition=prelim), not more than 65 percent, nor less than 50 percent, of such purchases may be financed by a loan made by the Secretary. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any fiscal year if the Secretary determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program.
(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect.
(3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)—
(A) with recourse; or
(B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.
(4)
(A) Except as provided in subparagraph (B), the amount of a loan made by the Secretary to finance the purchase of real property from the Secretary described in paragraph (1) may not exceed an amount equal to 95 percent of the purchase price of such real property.
(B)
(i) The Secretary may waive the provisions of subparagraph (A) in the case of any loan described in paragraph (5).
(ii) A loan described in subparagraph (A) may, to the extent the Secretary determines to be necessary in order to market competitively the property involved, exceed 95 percent of the purchase price.
(5) The Secretary may include, as part of a loan to finance a purchase of real proper
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Source location: Title 38, Chapter 37, § 3733; chapter-037-housing-and-small-business-loans.md
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**(a)**
(1) Of the number of purchases made during any fiscal year of real property acquired by the Secretary as the result of a default on a loan guaranteed under this chapter for a purpose described in [section 3710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/a&num=0&edition=prelim), not more than 65 percent, nor less than 50 percent, of such purchases may be financed by a loan made by the Secretary. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any fiscal year if the Secretary determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program.
(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect.
(3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)—
(A) with recourse; or
(B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.
(4)
(A) Except as provided in subparagraph (B), the amount of a loan made by the Secretary to finance the purchase of real property from the Secretary described in paragraph (1) may not exceed an amount equal to 95 percent of the purchase price of such real property.
(B)
(i) The Secretary may waive the provisions of subparagraph (A) in the case of any loan described in paragraph (5).
(ii) A loan described in subparagraph (A) may, to the extent the Secretary determines to be necessary in order to market competitively the property involved, exceed 95 percent of the purchase price.
(5) The Secretary may include, as part of a loan to finance a purchase of real property from the Secretary described in paragraph (1), an amount to be used only for the purpose of rehabilitating such property. Such amount may not exceed the amount necessary to rehabilitate the property to a habitable state, and payments shall be made available periodically as such rehabilitation is completed.
(6) The Secretary shall make a loan to finance the sale of real property described in paragraph (1) at an interest rate that is lower than the prevailing mortgage market interest rate in areas where, and to the extent, the Secretary determines, in light of prevailing conditions in the real estate market involved, that such lower interest rate is necessary in order to market the property competitively and is in the interest of the long-term stability and solvency of the Veterans Housing Benefit Program Fund established by [section 3722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3722/a&num=0&edition=prelim).
(7) During the period that begins on December 16, 2003, and ends on September 30, 2020, the Secretary shall carry out the provisions of this subsection as if—
(A) the references in the first sentence of paragraph (1) to “65 percent” and “may be financed” were references to “85 percent” and “shall be financed”, respectively;
(B) the second sentence of paragraph (1) were repealed; and
(C) the reference in paragraph (2) to “September 30, 1990,” were a reference to “September 30, 2020,”.
(8) During the period that begins on October 1, 2020, and ends on September 30, 2026, the Secretary shall carry out the provisions of this subsection as if—
(A) the references in the first sentence of paragraph (1) to “65 percent” and “may be financed by a loan” were references to “85 percent” and “shall be of property marketed with financing to be”, respectively;
(B) the second sentence of paragraph (1) were repealed; and
(C) the reference in paragraph (2) to “September 30, 1990,” were a reference to “September 30, 2026,”.
**(b)** The Secretary may not make a loan to finance a purchase of property acquired by the Secretary as a result of a default on a loan guaranteed under this chapter unless the purchaser meets the credit underwriting standards established under [section 3710(g)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/g/2/A&num=0&edition=prelim).
**(c)**
(1) The Secretary shall identify and compile information on common factors which the Secretary finds contribute to foreclosures on loans guaranteed under this chapter.
(2) The Secretary shall include a summary of the information compiled, and the Secretary’s findings, under paragraph (1) in the annual report submitted to the Congress under [section 529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section529&num=0&edition=prelim). As part of such summary and findings, the Secretary shall provide a separate analysis of the factors which contribute to foreclosures of loans which have been assumed.
**(d)**
(1) The Secretary shall furnish to real estate brokers and other real estate sales professionals information on the availability of real property for disposition under this chapter and the procedures used by the Department of Veterans Affairs to dispose of such property.
(2) For the purpose of facilitating the most expeditious sale, at the highest possible price, of real property acquired by the Secretary as the result of a default on a loan guaranteed, insured, or made under this chapter, the Secretary shall list all such property with real estate brokers under such arrangements as the Secretary determines to be most appropriate and cost effective.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—
(1) give an account of all moneys received and disbursed by the Department for such fiscal year;
(2) describe the work done during such fiscal year; and
(3) state the activities of the Department for such fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 529
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monetary Allowance.—** The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
**(b) Schedule for Rating Disabilities.—**
(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.
(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
**(c) Amount of Monthly Allowance.—** The amount of the monthly allowance paid under this section shall be as follows:
(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.
(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
(A) $214; or
(B) the monthly amount payable under [section 1805(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805/b/3&num=0&edition=prelim) for the lowest level of disability prescribed for purposes of that section.
(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1816
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall insure any individual under 70 years of age who has received assistance under this chapter against the death of the individual except for an individual who—
(1) elects in writing to not receive insurance under this section;
(2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or
(3) receives such assistance under [section 2102B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2102b&num=0&edition=prelim).
**(b)** The amount of insurance provided an individual under this section may not exceed the lesser of $150,000, or after January 1, 2012, $200,000, or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible individual elects not to be insured under this section, the individual may thereafter be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Secretary.
**(c)** The premiums charged an individual for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring standard lives. In the case of an individual receiving compensation or other cash benefits paid to the individual by the S
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of Fee.—**
(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3714&num=0&edition=prelim) applies. No such loan may be guaranteed, insured, made, or assumed until the fee payable under this section has been remitted to the Secretary.
(2) The fee may be included in the loan and paid from the proceeds thereof.
**(b) Determination of Fee.—**
(1) 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.
(2) The loan fee table referred to in paragraph (1) is as follows: Type of loanActive duty veteranReservistOther 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)2.152.40NA (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)2.302.30NA (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 b
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3729
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Certain Provisions Relating to Compensation.—** The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.
**(b) Specified Provisions.—** The provisions of this title referred to in subsection (a) are the following:
(1) Section 5101(c).
(2) Subsections (a), (b)(3), (g), and (i) of section 5110.
(3) Section 5111.
(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1833
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “child” means the following:
(A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who—
(i) is the natural child of a Vietnam veteran; and
(ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.
(B) For purposes of [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1821&num=0&edition=prelim), an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(C) For purposes of [section 1822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1822&num=0&edition=prelim), an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(2) The term “covered child” means a child who is eligible for health care and benefits under this chapter.
(3) The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.
(4) The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service.
(5) The term “Vietnam era” with respect to—
(A) s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1832
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the event of default in the payment of any loan guaranteed under this chapter, the holder of the loan shall notify the Secretary of such default. Upon receipt of such notice, the Secretary may, subject to subsection (c) of this section, pay to such holder the guaranty not in excess of the pro rata portion of the amount originally guaranteed. Except as provided in [section 3703(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3703/e&num=0&edition=prelim), if the Secretary makes such a payment, the Secretary shall be subrogated to the rights of the holder of the loan to the extent of the amount paid on the guaranty.
(2)
(A) The Secretary may, under terms and conditions determined by the Secretary—
(i) pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan;
(ii) require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the Secretary obtains a secured interest in the property covered by the loan; and
(iii) require the holder of the loan to take any actions necessary to carry out this paragraph, including preparing, executing, transmitting, receiving, and recording documents, and requiring the holder of the loan to place the loan in forbearance.
(B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under [section 1322(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322/b&num=0&edition=prelim), the Secretary may pay the holder of the housing loan the unpaid principal balance of the housing loan due, plus accrued interest, as of the date of the filing of the petition under title 11, but
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coordination With Other Benefits Paid to the Recipient.—** Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary.
**(b) Coordination With Benefits Based on Relationship of Recipients.—** Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance.
**(c) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.—** Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1834
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Federal law — U.S. Code and appendices · legal_authorities
Page 931
TITLE 38—VETERANS’ BENEFITS
§ 3733
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 113–37 effective Oct. 1, 2013,
see section 4(a) of Pub. L. 113–37, set out as a note under
section 322 of this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–275, title VIII, § 802(b), Oct. 13, 2010, 124
Stat. 2889, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall apply with
respect to a housing loan guaranteed after the date of
the enactment of this Act [Oct. 13, 2010].’’
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–66, title XII, § 12006(b), Aug. 10, 1993, 107
Stat. 414, provided that: ‘‘The amendments made by
this section [amending this section] shall become effec-
tive October 1, 1993.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–237, title III, § 308(b)(2), Dec. 18, 1989, 103
Stat. 2075, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
as of October 1, 1989.’’
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–198, § 4(b), Dec. 21, 1987, 101 Stat. 1316, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on March 1,
1988.’’
Pub. L. 100–198, § 5(c), Dec. 21, 1987, 101 Stat. 1317, pro-
vided that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply to defaults which
occur more than 60 days after the date of the enact-
ment of this Act [Dec. 21, 1987].’’
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 100–136, § 1(a), Oct. 16, 1987, 101 Stat. 813, pro-
vided that: ‘‘Notwithstanding section 2512(c) of the Def-
icit Reduction Act of 1984 (Public Law 98–369) [set out
below], the provisions of section 1816(c) [now 3732(c)] of
title 38, United States Code, shall contin
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3733
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