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Wednesday, March 02, 2005

VA Home Loan Eligibility FAQs

Veterans Administration Home Loan Eligibility - Frequently Asked Questions

Questions about who is eligible for a
VA loan and reuse of eligibility for another VA loan.


Q: How do I apply for a VA guaranteed
loan?



A: You can apply for a VA loan with
any mortgage lender that participates in the VA home loan program. At
some point, you will need to get a Certificate of Eligibility from VA
to prove to the lender that you are eligible for a VA loan.



Q: How do I get a Certificate of Eligibility?



A. Complete an 1880: You
can apply for a Certificate of Eligibility by submitting a completed
VA
Form 26-1880
, Request For A Certificate of Eligibility For
Home Loan Benefits, to one of the VA
Eligibility Centers
, along with proof of military service.
In some cases it may be possible for VA to establish eligibility without
your proof of service. However, to avoid any possible delays, it's best
to provide such evidence.



Q: Can my lender get my Certificate of
Eligibility for me?


A. Yes,
it's called ACE (automated certificate of eligibility). Most lenders
have access to the ACE (automated certificate of eligibility) system.
This Internet based application can establish eligibility and issue an
online Certificate of Eligibility in a matter of seconds. Not all cases
can be processed through ACE - only those for which VA has sufficient
data in our records. However, veterans are encouraged to ask their lenders
about this method of obtaining a certificate.

Q: What is acceptable proof of military
service?



A: If you are still serving on regular
active duty, you must include an original statement of service signed
by, or by direction of, the adjutant, personnel officer, or commander
of your unit or higher headquarters which identifies you and your
social security number, and provides
your date of entry on your
current active duty period and the duration of any time lost.


If you were discharged from regular active
duty after January 1, 1950, a copy of DD Form 214, Certificate of Release
or Discharge From Active Duty should be included with your VA Form 26-1880.
If you were discharged after October 1, 1979, DD Form 214 copy 4 should
be included. A PHOTOCOPY OF DD214 WILL SUFFICE.....DO
NOT SUBMIT AN ORIGINAL DOCUMENT.


If you are still serving on regular active
duty, you must include an original statement of service
signed by, or by direction of, the adjutant, personnel officer, or commander
of your unit or higher headquarters which shows your date of entry on
your current active duty period and the duration of any time lost.


If you were discharged from the Selected
Reserves or the National Guard, you must include copies of adequate
documentation of at least 6 years of honorable service. If you were
discharged from the Army or Air Force National Guard, you may submit
NGB Form 22, Report of Separation and Record of Service, or NGB Form
23, Retirement Points Accounting, or it’s equivalent. If you were discharged
from the Selected Reserve, you may submit a copy of your latest annual
points statement and evidence of honorable service. Unfortunately, there
is no single form used by the Reserves or National Guard similar to
the DD Form 214. It is your responsibility to furnish adequate documentation
of at least 6 years of honorable service.


If you are still serving in the Selected
Reserves or the National Guard, you must include an original
statement of service signed by, or by the direction of, the adjutant,
personnel officer, or commander of your unit or higher headquarters
showing the length of time that you have been a member of the Selected
Reserves
. Again, at least 6 years of honorable service must be documented.



Q: How can I obtain proof of military
service?



A: Standard
Form 180, Request Pertaining to Military Records
, is used
to apply for proof of military service regardless of whether you served
on regular active duty or in the selected reserves. This request form
is NOT processed by VA. Rather, Standard Form 180 is completed and mailed
to the appropriate custodian of military service records. Instructions
are provided on the reverse of the form to assist in determining the
correct forwarding address.



Q: I have already obtained one VA loan.
Can I get another one?



A: Yes, your eligibility is reusable
depending on the circumstances. Normally, if you have paid off your
prior VA loan and disposed of the property, you can have your used eligibility
restored for additional use. Also, on a one-time only basis,
you may have your eligibility restored if your prior VA loan has been
paid in full but you still own the property. In either case,
to obtain restoration of eligibility, the veteran must send VA a completed
VA
Form 26-1880
to one of our VA
Eligibility Centers
. To prevent delays in
processing, it is also advisable to include evidence that the prior
loan has been paid in full and, if applicable, the property disposed
of. This evidence can be in the form of a paid-in-full statement from
the former lender, or a copy of the HUD-1 settlement statement completed
in connection with a sale of the property or refinance of the prior
loan.



Q: I sold the property I obtained
with my prior VA loan on an assumption. Can I get my eligibility restored
to use for a new loan?



A: In this case the veteran’s eligibility
can be restored only if the qualified assumer is also an eligible veteran
who is willing to substitute his or her available eligibility for that
of the original veteran. Otherwise, the original veteran cannot have
eligibility restored until the assumer has paid off the VA loan.



Q: My prior VA loan was assumed, the assumer
defaulted on the loan, and VA paid a claim to the lender. VA said it wasn’t
my fault and waived the debt. Now I need a new VA loan but I am told that
my used eligibility can not be restored. Why?


Or,


Q: My prior loan was foreclosed on, or
I gave a deed in lieu of foreclosure, or the VA paid a compromise (partial)
claim. Although I was released from liability on the loan and/or the debt
was waived, I am told that I cannot have my used eligibility restored.
Why?



A: In either case, although the
veteran’s debt was waived by VA, the Government still suffered a loss
on the loan. The law does not permit the used portion of the veteran’s
eligibility to be restored until the loss has been repaid in full.



Q: Only a portion of my eligibility is
available at this time because my prior loan has not been paid in full
even though I don’t own the property anymore. Can I still obtain a VA
guaranteed home loan?



A: Yes, depending on the circumstances.
If a veteran has already used a portion of his or her eligibility and
the used portion cannot yet be restored, any partial remaining eligibility
would be available for use. The veteran would have to discuss with a
lender whether the remaining balance would be sufficient for the loan
amount sought and whether any down payment would be required.



Q: Is the surviving spouse of a deceased
veteran eligible for the home loan benefit?



A: The unmarried surviving spouse
of a veteran who died on active duty or as the result
of a service-connected disability
is eligible for the home loan
benefit. If you wish to make application for the home loan benefit as
a surviving spouse, contact one of our VA
Eligibility Centers
. In addition, a surviving spouse who
obtained a VA home loan with the veteran prior to his or her death (regardless
of the cause of death), may obtain a VA guaranteed interest rate reduction
refinance loan. For more information, contact one of our VA
Eligibility Centers
.


[NOTE: Also,
a surviving spouse who remarries on or after attaining age 57, and on
or after December 16, 2003, may be eligible for the home loan benefit.

However, a surviving spouse who remarried before December 16, 2003,
and on or after attaining age 57, must apply no later than December
15, 2004, to establish home loan eligibility. VA must deny applications
from surviving spouses who remarried before December 16, 2003 that are
received after December 15, 2004.]



Q: Are the children
of a living or deceased veteran eligible for the home loan benefit?



A: No, the
children of an eligible veteran are not eligible for the home loan benefit.



Information
on the Home Loan Program



Eligibility Information





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