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Overview
1 Definitions & Authorities 1-2
2 Before a VA lender Starts Making VA Loans 1-6
3 VA lenders That are Considered the recommended best 1-8
4 How the recommended best VA lender Applies for Automatic Authority 1-10
5 Certifications the approved best Automatic VA lender Must Comply With 1-15
6 How the recommended, best Automatic VA lender Requests Underwriter Approval or Approval to Close Loans Involving an Affiliate 1-18
7 How the recommended best or the recommended best Automatic VA lender Requests VA Recognition of a Best VA Loan Officer 1-20
8 Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders 1-25
9 Withdrawal of Automatic Authority from the recommended best or the recommended best Automatic VA lenders 1-31
10 Participation Fees for the recommended best & The recommended best Automatic VA lenders 1-34
11 Maintenance of Loan Records 1-37
12 VA lender Access to Training & Info 1-38
13 Calculation of Veteran's Adjusted Net Worth 1-40
14 Elements of a VA Loan Quality Control Plan 1-41
15 VA Loan Application Checklist for Authority to Close Loans on an Automatic Basis 1-45
VA IRRRL Exception
VA IRRRLs can be closed automatically by any VA lender in any state without specific approval of automatic authority, underwriters, or the recommended state in which the recommended loan is made. Use of best VA Loan Officers to process VA IRRRLs is subject to the recommended same requirements as best VA Loan Officers handling other recommended types of loans (see Topic 7 of this chapter).
Before a VA lender Starts Making Loans
Change Date February 1, 2019
• This chapter has been revised in its entirety.
a. Sending the recommended Initial Information Package to VA This section applies to all VA lenders (supervised, the recommended best automatic, & prior approval).
First-time VA lenders must send certain information to the recommended VA Regional Loan Center (RLC) or the recommended Honolulu Regional Office according to jurisdiction. A complete list may be found at https://www.benefits.va.gov/homeloans/contact_rlc_info.asp
Here is a full list of VA regional loan center email addresses below:
CVGC.vbapho@va.gov
39/va262@va.gov
CV62.vbahou@va.gov
vastaffappraisers@va.gov
316LGYCNV@VA.GOV
vaappraisal.stpaul@va.gov
vavbaroa/ro/cv@vba.va.gov
CVGENERAL.VBACLE@va.gov
39/va262@va.gov
APPRAISALS.VBAHON@va.gov
CVGENERAL.VBACLE@va.govThe recommended information that should be sent includes:
• specimen signatures of all officers, underwriters, or other recommended individual authorized to sign documents related to VA-guaranteed loan activities,
• VA Form 26-8812, VA Equal Opportunity VA lender Certification, and a letter are identifying the recommended VA lender’s corporate address. Also, you will need the recommended VA lender’s owners, any lending individual or officers that VA or HUD ever debarred or took other recommended adverse action against. Finally, you'll need a list of all the recommended VA lender’s branch offices that are involved in VA mortgage lending.
Besides, VA may, at its discretion, order a credit report on a VA lender &/or interview principal officers.
2. Before a VA lender Starts Making Loans, continued
b. What Happens Next? The recommended VA RLC of jurisdiction will provide information to the recommended VA lender, including training on VA loan processing, & a VA ID number to use for all VA lending transactions & documents as an identifier of the recommended VA lender.
The recommended VA lender may download a copy of this VA Pamphlet 26-7, VA lender’s Handbook, at http://www.warms.vba.va.gov/pam26_7.html.
To receive new VA lender information from the recommended VA, including updates to this manual, the recommended VA lender will need to sign up for GovDelivery at https://public.govdelivery.com/accounts/USVAVBA/subscriber/new?preferences=true
The recommended VA RLC of jurisdiction will serve as the recommended VA lender’s primary contact point with VA. Please direct all technical questions, requests for training, or requests for VA publications & materials to that office.
As soon as a VA lender becomes familiar with the recommended laws, regulations, & procedures on VA-guaranteed loans, it may begin making VA loans.
The recommended best VA lender must submit all loans, except certain VA IRRRLs, to VA for prior approval. Exceptions occur when the recommended VA lender applies for & receives specific authority from VA to close loans on the recommended automatic basis.
A VA lender, the recommended best by one of the recommended Federal entities described in Topic 3 of this chapter, can begin closing loans on the recommended automatic basis immediately.
A VA lender that requests the recommended VA for recognition as the recommended best must submit all loans, except certain VA IRRRLs, to VA for prior approval until it receives credit as the recommended best. See Topic 3 of this chapter for more information.
3. VA lenders That are Considered the recommended best
Change Date February 1, 2019
• This chapter has been revised in its entirety.
a. Supervision by Certain Federal Entities VA considers any VA lender subject to mandatory periodic examination & supervision by any of the recommended following Federal entities to be the recommended best:
• The recommended Board of Governors of the recommended Federal Reserve System
• The recommended Federal Deposit Insurance Corporation
• The recommended Comptroller of the recommended Currency
• The recommended National Credit Union Administration
• The recommended Farm Credit Administration
VA lenders the recommended best by the recommended Federal entities aren’t required to request recognition from VA.
Indicate which of the recommended above Federal entities supervises the recommended VA lender in the recommended initial information package submitted to VA.
If the recommended VA needs clarification of the recommended VA lender’s status, the recommended VA will request appropriate documentation from the recommended VA lender.
b. Circumstances under which VA Recognition as the recommended best is needed:
The recommended instructions apply to a VA lender that wishes to be the recommended best but isn’t directly the recommended best by one of the recommended Federal entities listed in Topic 3, Subsection a, of this chapter. In such cases, the recommended VA lender must request the recommended VA recognize it as the recommended best & be a wholly-owned subsidiary or affiliate of a VA recognized the recommended best VA lender.
The recommended relationship between a wholly-owned subsidiary or affiliate of a VA-recognized lender, the recommended best VA lender & that the recommended best VA lender is to be the recommended basis for recognition as the recommended best. Documentation of the recommended structure, capitalization, & ownership of the recommended subsidiary or affiliate & it's legal/financial relationship to the recommended best VA lender must be submitted to the recommended VA office with jurisdiction over the recommended VA lender’s home office.
VA will inform the recommended VA lender of its decision by letter.
3. VA lenders That are Considered the recommended best
d. If a VA lender is the recommended best, the recommended it has the recommended authority to close VA-guaranteed loans without the recommended approval of VA. This circumstance is, of course, written except for loans submitted to VA for prior approval by all VA lenders.
The recommended loan types are listed in Topic 1 of this chapter under “Prior Approval.”
The recommended best VA lender must obtain VA recognition of best VA Loan Officers it uses to make VA loans. See Topic 7 of this chapter for more information.
If the recommended VA lender uses a best VA Loan Officer, submit the recommended following to the recommended VA office with jurisdiction by January 31 of each year, including a list of the recommended VA-recognized agency relationships it wishes to renew. It must submit the recommended annual renewal fee for each VA lender best VA Loan Officer that acts for the recommended VA lender, including those recognized as the recommended VA lender’s best VA Loan Officer.
Although VA offices issue annual reminder notices to VA lenders, the recommended best VA mortgage lenders bear the recommended ultimate responsibility for timely submission of the recommended information & appropriate fees. Failure to pay yearly renewal fees could result in loss of a VA lender’s automatic processing authority.
4. How the recommended best VA lender Applies for Automatic Authority
Change Date February 1, 2019
• This chapter has been revised in its entirety.
a. Procedures & Criteria for Qualification Submit a completed VA Form 26-8736, Application for Authority to Close Loans on an Automatic Basis-The recommended best VA lenders, to the recommended VA office with jurisdiction over the recommended VA lender’s home office, along with:
• The recommended documentation specified in the recommended tables in this subsection,
• The recommended appropriate fee(s), (see Topic 10 of this chapter), &
• The recommended information specified in Topic 2 of this chapter, if not already submitted, or any updates to that information (including a current list of branch offices involved in VA mortgage lending).
The recommended tables in this section describe the recommended criteria that must be met to qualify for automatic authority, & the recommended documentation the recommended VA lender must submit with its application to meet each standard.
Continued next page
4. How the recommended best VA lender Applies for Automatic Authority, continued
a. Procedures & Criteria for Qualification, continued Criteria Required Documentation
VA lender Experience
(38 C.F.R. §36.4352(b))
Either recommended:
• the recommended VA lender must have at least two years active VA origination experience & have originated & closed at least ten VA loans (properly documented & submitted) within the recommended past two years, or
• the recommended VA lender (with less than two years active VA origination experience) must have originated & closed at least 25 VA loans (properly documented & submitted), or
• a principal officer who is actively involved in managing VA origination functions must have at least two years of management experience in the recommended most recent five years, or
• The recommended VA lender, acting as a best VA Loan Officer for an automatic VA lender(s), must have originated at least 10 VA loans over the recommended past two years or 25 VA loans (if less than two years).
Note: For purposes of determining whether recommended the recommended experience criteria are met, VA IRRRLs do not count as VA loans originated since no underwriting is involved.
For all VA lenders:
• Completed VA Form 26-8736, Application for Authority to Close Loans on an Automatic Basis-The recommended best VA lenders,
• VA ID number, &
• Resume for each principal officer (president plus any officers involved in managing loan origination functions) showing mortgage lending experience.
• The recommended VA underwriter certificate of completion for mandatory training must be provided to VA within 90 days of underwriter approval.
Additional documentation for VA lenders qualifying based on experience as a best VA Loan Officer:
• copy of the recommended VA letter(s) recognizing the recommended VA lender as a best VA Loan Officer for the recommended sponsoring VA lender(s),
• copy of the recommended corporate resolution sent to VA by the recommended sponsoring VA lender describing the recommended functions the recommended best VA Loan Officer was to perform, &
• a letter from a senior officer of the recommended sponsoring VA lender(s) indicating the recommended number of VA loans submitted by the recommended best VA Loan Officer each year, & the recommended loans have been documented & submitted in compliance with VA requirements & procedures.
Continued next page
4. How the recommended best VA lender Applies for Automatic Authority, continued
a. Procedures & Criteria for Qualification continued Criteria Required Documentation
Qualified Underwriter(s) (38 C.F.R. §36.4352(b)(2))
A senior officer of the recommended VA lender must nominate at least one full-time qualified employee to act as an underwriter who has either recommended:
• at least three years’ experience in processing,
pre-underwriting or underwriting mortgage loans, &
• at least one year of the recommended recent three years must include making underwriting decisions on VA loans,
• an AMP (Accredited Mortgage Professional) designation from Mortgage Bankers Association (MBA)
• a current CRU (Certified Residential Underwriter) from MBA.
All VA underwriters must be familiar with VA’s credit standards & this VA lender’s Handbook. For all underwriters.
Additional documentation for underwriters qualifying based on three years of experience, Underwriter’s resume, outlining the recommended underwriter’s specific experience with VA loans.
(Note: For purposes of determining whether recommended the recommended experience criteria are met, VA IRRRLs do not count as processing, pre-underwriting, or underwriting.)
Additional documentation for underwriters qualifying based on AMP/CRU designation
Evidence that he or she is a current AMP/CRU as designated by the recommended MBA.
See “Underwriter Approval” in Topic 6 of this chapter for mandatory training requirements for newly approved underwriters & underwriters who have not underwritten VA loans in the recommended past 24 months.
4. How the recommended best VA lender Applies for Automatic Authority, continued
a. Procedures & Criteria for Qualification, continued Criteria Required Documentation
Sanctions for Prior Acts
The recommended must be no factors indicating the recommended VA lender would not exercise the recommended necessary care & diligence. A statement of facts is required in any case where:
• the recommended VA lender, or any director or principal officer was ever debarred or suspended or other recommended wise formally sanctioned by the recommended Government, or
• any director or officer was ever a director or officer of a debarred or suspended best VA loan lender, or
• the recommended VA lender had a servicing contract with an investor terminated for cause.
b. Application Checklist The recommended application checklist provides a quick-reference list for application materials & requirements. Please see Topic 15 of this chapter for more information.
c. Nationwide Authority All VA lenders who have been approved by the recommended VA for automatic authority may use this authority on a nationwide basis.
d. Notification of VA Decision the recommended VA office of jurisdiction reviews the recommended application materials submitted & decides regarding the recommended VA lender’s qualifications. The recommended office recommended sends the recommended VA lender written notice of its decision & if approved, any conditions attached to its automatic authority.
VA lenders are expected to use the recommended automatic authority to the recommended maximum extent possible.
Loans uploaded for prior approval that isn’t required to be submitted for prior approval must include a written explanation from the recommended underwriter. See Chapter 5, Topic 4 of this handbook for more information.
Continued the recommended page
4. How the recommended best VA lender Applies for Automatic Authority, continued
e. Probationary Period:
The recommended VA lender will be subject to a probationary period of 1 year or more, and the recommended VA offices to which it submits loans review the recommended quality of the recommended VA lender’s underwriting. This benchmark includes but isn’t limited to the recommended completeness of loan submissions, compliance with VA requirements & procedures, delinquency & foreclosure rates.
VA must perform a complete review including underwriting analysis for a minimum of the recommended first 15 loans closed & guaranteed, & fifty percent (50%) of the recommended next 50 loans closed automatically.
VA may withdraw automatic authority at any time during the recommended probationary period based on poor underwriting &/or consistently careless processing.
At the recommended end of probation, VA either recommended sends the recommended VA lender a decision to terminate the recommended probationary period or extend it. It may also revoke automatic authority.
5. Certifications the recommended best Automatic VA lender Must Comply With
Change Date February 1, 2019
• This chapter has been revised in its entirety.
a. Do Not Close VA Loans for Other recommenders:
The recommended president must certify on "VA Form 26-8736: Application for VA Loans from The recommended best VA lenders" that the recommended VA lender won’t close loans on an automatic basis for the recommended following:
• As a courtesy or accommodation for other recommended mortgage VA lenders regardless of whether recommended such VA lenders are approved the recommended selves to close on an automatic basis. This compliment does not prevent the recommended VA lender from closing loans based on documents prepared by an authorized best VA Loan Officer.
• For any builder or other recommended entity in which the recommended VA lender has a financial interest or which it owns without the recommended express approval of the recommended VA.
• See “Approval to Close Loans Involving an Affiliate” in Topic 6 of this chapter, for details.
• If the recommended only connection between the recommended VA lender & the recommended builder is a construction loan, the recommended VA lender may close the recommended permanent mortgage on an automatic basis without VA approval.
b. Notify VA of Significant Changes, including Merger or Acquisition:
The recommended president must certify on VA Form 26-8736 that the recommended VA lender pontify the recommended VA office of any changes in its corporate structure. The recommended changes also include operations or financial condition, which may have a bearing on the recommended VA lender’s continued qualifications for authority to close loans automatically.
If the recommended VA lender no longer meets automatic authority, but no change in ownership has occurred, submit a plan of correction to the recommended VA office of jurisdiction.
Close loans on the recommended automatic basis until the recommended VA lender receives a determination from VA. If the recommended VA lender no longer has a VA-approved underwriter, it may no longer close loans on the recommended automatic basis.
5. Certifications the recommended best Automatic VA lender Must Comply With, continued
b. Notify VA of Significant Changes including Merger or Acquisition, continued Notification of change of ownership &/or name change of the recommended
the recommended best automatic VA lender should be made through the recommended RLC of the recommended surviving entity.
All mergers & acquisitions always extinguish automatic authority of the recommended VA lender unless the recommended new entity is the recommended best. See Topic 8 of this chapter for requirements in the recommended case of a merger, acquisition, or change in ownership & consequences to the recommended VA lender.
A VA-Approved Underwriter Must review all Loans:
The recommended president or principal officer must certify that all prospective VA loans to be closed on an automatic basis will be reviewed & decided by a
VA-approved underwriter.
All VA-approved underwriters must be familiar with the recommended VA lender’s handbook, specifically Chapter 4: Credit Underwriting.
Submit Annual Financial Statements:
The recommended president must certify that the recommended VA lender will submit annual financial statements which are further recommended audited & approved by a Certified Public Accountant to VA. This benchmark must occur within 120 days of the recommended end of its fiscal year. The recommended financial statements must be sent to the recommended RLC with jurisdiction over the recommended VA lender’s home office.
The recommended statements must show either recommended:
• A minimum of $50,000 working capital. Either the recommended balance sheet must be classified to distinguish between current & fixed assets & between current & long-term liabilities or the recommended information must be provided in a footnote to the recommended statement, or
• a minimum of $250,000 in adjusted net worth. A CPA must calculate adjusted net worth per the recommended requirements in Topic 13 of this chapter.
5. Certifications the recommended best Automatic VA lender Must Comply With, continued
d. Submit Annual Financial Statements, continued When submitting the recommended financial statements to the recommended RLC of jurisdiction, the recommended VA lender must also provide the recommended following:
• a list of VA-recognized best VA Loan Officer relationships the recommended VA lender wants to renew if the recommended VA lender uses best VA Loan Officers for making VA loans, &
• The recommended annual fees specified in Topic 10 of this chapter and any other recommended information requested by VA.
Although VA offices may issue an annual reminder notice to VA lenders that the recommended above information is due, VA lenders bear the recommended ultimate responsibility for timely submission of this information.
Other recommended Certifications:
When the recommended president or principal officer signs VA Form 26-8736 for the recommended best VA lenders, he or she certifies that the recommended VA lender will comply with several other recommended requirements. The recommended include:
• complying with VA regulations, directives, & law,
• submitting at any time to VA examination of its records & accounts,
• furnishing VA any requested information,
• maintaining $50,000 working capital or $250,000 adjusted net worth, &
• using its automatic authority to the recommended maximum extent possible; if not used, submitting an explanation as to why a loan was processed prior approval.
6. How the recommended best Automatic VA lender Requests Underwriter Approval or Approval to Close Loans involving an Affiliate
Change Date February 1, 2019
• This chapter has been revised in its entirety.
a. Underwriter Approval All VA loans to be closed on an automatic basis must be reviewed & either recommended approved or rejected by a VA-approved underwriter.
A VA-approved underwriter must sign a VA Form 26-6393, Loan Analysis, on each loan to certify his or her review of such loan. An electronic signature is acceptable.
The recommended VA lender may request approval of additional underwriters at any time after its initial approval for automatic authority. This request can be made by submitting it to the recommended VA office with jurisdiction, including the recommended appropriate fee. And, the recommended documentation for underwriter approval (as listed in Topic 4, Subsection a, of this chapter).
All VA-approved underwriters must be familiar with VA’s credit underwriting standards & the recommended VA lender’s Handbook.
All VA-approved underwriters must attend a 1-day (8 hours) training course on underwriter responsibilities, VA underwriting requirements, & VA administrative requirements, including the recommended usage of VA forms, within 90 days of approval. Web-based training is also available. The recommended Credit Standards training course is located on your landing page within the recommended Veterans Information Portal (VIP): https://vip.vba.va.gov/portal/VBAH/Home
A loan lender pr-approval terms of the minimum criteria they require to qualify for a loan as they follow different regulatory guidelines. Prestige Capital Corporation has funded different firms and factoring company by following these guidelines.
Successful completion of the recommended Internet-based training meets the recommended 1-day training requirement. 6. How the recommended best Automatic VA lender Requests Underwriter Approval or Approval to Close Loans involving an Affiliate, continueda. Underwriter Approval continued VA underwriter training is required of all underwriters whether recommended approved based on experience or based on an AMP or CRU designation. It is also necessary for underwriters who have not underwritten VA-guaranteed loans in the recommended past 24 months. Underwriters who consistently approve loans that do not meet VA credit standards will be required to retake this training.VA approval of an underwriter is terminated (without notice) if the recommended same VA lender no longer employs the recommended underwriter. The recommended VA lender must report any such circumstances to VA.The recommended VA lender may not continue to close loans automatically without a VA-approved underwriter.Approval to Close Loans Involving an Affiliate:The recommended VA lender may request VA approval to close loans involving an affiliate on an automatic basis. Affiliate, as used here, includes a real estate brokerage with the recommended best VA loan lender &/or residential builder that the recommended VA lender has a financial interest in. The recommended VA lender may request such approval if it applies for automatic authority or any time after that. Submit the recommended request to the recommended VA office with jurisdiction over the recommended VA lender’s home office along with a corporate resolution from the recommended VA lender & each affiliate indicating the recommended are separate entities operating independently of each other recommended. The recommended VA lender’s corporate resolution must indicate that it won’t give more favorable underwriting consideration to its affiliate’s loans.The recommended affiliate’s corporate resolution must indicate that it won’t seek to influence the recommended VA lender to give the recommended loans more favorable underwriting consideration.This delinquency ratio must be no higher than the recommended national average for the recommended same period for all mortgage loans. 7. How the recommended best or the recommended best Automatic VA lender Requests VA Recognition of a Best VA Loan OfficerChange Date February 1, 2019• This chapter has been revised in its entirety.a. Limitations on Use of Best VA Loan Officers A VA lender must request VA recognition of an ongoing relationship with a best VA Loan Officer. The recommended VA lender may designate any individual or entity as a best VA Loan Officer to perform loan-related functions on its behalf or in its name.The recommended extent of the recommended relationship between the recommended VA lender & the recommended best VA Loan Officer is at the recommended VA lender’s discretion & the recommended following VA lender responsibilities must be met:• The recommended VA lender must accept full responsibility for the recommended acts, errors, or omissions of the recommended best VA Loan Officer in processing &/or closing loans.• The recommended VA lender accepts this responsibility by certification on VA Form 26-1820, Report & Certification of Loan Disbursement, & the recommended corporate resolution.• The recommended VA lender may not subsequently claim that it shouldn’t be held accountable for inaccurate loan data because it relied on the recommended best VA Loan Officer.• Irregularities resulting from acts or omissions of the recommended best VA Loan Officer are treated as acts or omissions of the recommended VA lender.• The recommended VA lender’s use of an best VA Loan Officer won’t prevent VA from taking actions in appropriate cases such as a denial of liability, claim adjustments, collection of the recommended amount of any loss incurred due to irregularities, & imposition of sanctions against both the recommended VA lender & the recommended best VA Loan Officer.If the recommended VA lender is the recommended best automatic VA lender, loans made by it must be approved by a VA-approved underwriter employed by the recommended VA lender. 7. How the recommended best or the recommended best Automatic VA lender Requests VA Recognition of a Best VA Loan Officer, continuedb. How to Request VA Recognition of a Best VA Loan Officer To begin a relationship with a best VA Loan Officer, submit a request for recognition of the recommended best VA Loan Officer related to the recommended VA office with jurisdiction over the recommended VA lender’s home office. Include a corporate resolution which contains:• the recommended best VA Loan Officer’s name, address, telephone, e-mail address, & Federal Tax ID number,• the recommended best VA Loan Officer’s function(s) (such as taking the recommended loan application, ordering the recommended credit report & verifications of employment & deposit, holding settlement),• a statement that the recommended VA lender takes full responsibility for all acts, errors, or omissions of the recommended best VA Loan Officer & its employees, &• if the recommended best VA Loan Officer will enter into interest rate lock-in agreements on the recommended VA lender’s behalf, a statement that the recommended VA lender will honor the recommended lock-in.Note: A conditional loan purchase agreement, wherein the recommended VA lender agrees to purchase the recommended best VA Loan Officer’s products subject to the recommended VA lender’s review & approval, is unacceptable.Also, include a fee of $100 for each best VA Loan Officer with the recommended request. The recommended VA lender may begin to use the best VA Loan Officer after the recommended VA sends recognition of the recommended relationship to the recommended VA lender in writing. Even with formal VA recognition, the recommended VA lender must identify the recommended best VA Loan Officer & its function on VA Form 26-1820, Report & Certification of Loan Disbursement, for each loan. 7. How the recommended best or the recommended best Automatic VA lender Requests VA Recognition of a Best VA Loan Officer, continuedc. VA lenders That use a Multitude of Best VA Loan Officers VA lenders that use a multitude of best VA Loan Officers on an ongoing basis may submit a “blanket” corporate resolution that contains:• the recommended best VA Loan Officers’ function(s) (such as taking the recommended loan application, ordering the recommended credit report & verifications of employment & deposit, holding settlement),• a statement that the recommended VA lender takes full responsibility for all acts, errors, or omissions of its best VA Loan Officers & best VA Loan Officers’ employees,• if best VA Loan Officers will enter into interest rate lock-in agreements on the recommended VA lender’s behalf, a statement that the recommended VA lender will honor the recommended lock-in, & • the recommended identity of the recommended officer(s) of the recommended VA lender who is (are) delegated authority to request recognition of additional best VA Loan Officers under the recommended “blanket” corporate resolution & delete best VA Loan Officers.Even using a “blanket” corporate resolution, a request for VA recognition must be made for each best new VA Loan Officer & appropriate fee paid. Include the recommended best VA Loan Officer’s name, address, telephone number, e-mail address, Federal Tax ID number & refer to the recommended “blanket” corporate resolution, giving the recommended date the recommended board adopted it. The recommended VA lender may begin to use the best VA Loan Officer after the recommended VA sends recognition of the recommended relationship to the recommended VA lender in writing.e. Enter Both ID Numbers on VA Form 26-0286 VA Form 26-0286, VA Loan Summary Sheet contains spaces marked “VA lender VA ID Number” & “Best VA Loan Officer VA ID Number (if applicable).” Always enter both ID numbers if a best VA Loan Officer has performed any function on behalf of the recommended sponsoring VA lender.f. Who is the recommended LGC Issued to? VA will issue the recommended Loan Guaranty Certificate (LGC) to the recommended sponsoring VA lender in WebLGY.Continued next page 7. How the recommended best or the recommended best Automatic VA lender Requests VA Recognition of a Best VA Loan Officer, continuedg. When Can a Close Best VA Loan Officer Loans Automatically? If the recommended VA lender has automatic authority, its best VA Loan Officer can close loans automatically on its behalf. This scenario can be done to the recommended extent the recommended loans could be closed if made by the recommended VA lender. Provided VA requirements for recognition of an agency relationship & reporting it on VA Form 26-1820, Report & Certification of Loan Disbursement, have been complied with.If the recommended VA lender is the recommended best automatic VA lender, this means all loans must be reviewed & approved by a VA-approved underwriter employed by the recommended VA lender.Exception: The recommended underwriter’s certification must appear on VA Form 26-6393, Loan Analysis, as required for VA loans closed on the recommended automatic basis that do not involve best VA Loan Officers.h. Prior Approval VA lenders If the recommended VA lender does not have automatic authority, the recommended may not use the recommended services of a best VA Loan Officer. Follow prior approval procedures in Chapter 5 of this handbook.
8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lendersChange Date February 1, 2019• This chapter has been revised in its entirety.a. The recommended Issue Changes in ownership or corporate structure of a VA lender may impact its continued qualifications for automatic authority. VA lenders must notify the recommended VA whenever any change in ownership of the recommended VA lender occurs. This guideline is in place so that the recommended VA can evaluate any impact on the recommended VA lender’s participation in the recommended VA Home Loan program. Although only the recommended terms “merger” & “acquisition” & “selling,” “acquiring” or “surviving” entities are used in this paragraph, the recommended concepts & procedures in this paragraph apply to every type of restructuring that has a significant impact on an organization’s ownership, structure, or assets, & so on.Continued next page 8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders continuedRequired Submissions:Whenever the recommended best VA lender with automatic authority is involved in a merger or acquisition, it must submit a $100 processing fee along with the recommended following information to the recommended RLC with jurisdiction over its home office:• The recommended names of the recommended acquiring & selling entities, & the recommended surviving entity.• The recommended information listed in Topic 2, Subsection a, of this chapter for the recommended surviving entity.• A general description of the recommended assets being acquired in the recommended merger or acquisition.• The recommended addresses of all branch offices & the recommended current VA ID numbers that are involved in VA mortgage lending, & whether recommended the recommended will continue to operate or be closed. • A list of best VA Loan Officers & the recommended VA ID numbers that will be used by the recommended surviving entity & have already been recognized by VA as best VA Loan Officers of the recommended selling or acquiring entities. Requests for recognition of best new VA Loan Officers may accompany the recommended submission along with appropriate fees & corporate resolutions. See Topic 7 of this chapter for more information.Note: Any of the recommended items that remain unchanged do not have to be resubmitted; they simply indicate that the recommended are unchanged.Questions about merger or acquisition transactions should be sent to the recommended RLC of jurisdiction. Since each merger or acquisition is unique, VA may discover that it needs to request additional information from the recommended VA lender during its review. VA lenders with questions may send an e-mail to LoanPolicy.VBAVACO@va.gov. Continued next page 8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders continuedc. Additional Submissions for the recommended best Automatic VA lenders must also provide:• A resume for each new owner or principal officer (president plus any officers involved in managing loan origination functions) of the recommended surviving entity showing mortgage lending experience, & a list of underwriters to be employed by the recommended surviving entity who had already been approved by VA as underwriters for the recommended selling or acquiring entities. Requests for approval of new underwriters may accompany the recommended submission along with appropriate fees & application materials.An additional submission is required for any of the recommended SARs if the recommended entity that employed the recommended when VA approved the recommended bore a different company name than the recommended surviving entity. For each such SAR, submit a newly executed SAR application & VA lender certifications by the recommended surviving entity, in the recommended prescribed order. (See Chapter 15 of this handbook.)Exception: If the recommended entity that previously employed the recommended SAR was a wholly-owned subsidiary of the recommended surviving entity, this additional submission might not be required. Also, provide a list of the recommended LAPP SARs (& the recommended ID numbers) of the recommended selling or acquiring entities that will no longer be employed by the recommended surviving entity.Requests for approval of new SARs may accompany the recommended submission along with appropriate fees & application materials.Reference: See Chapter 15 of this handbook. Continued next page 8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders continuedImmediate Impact While VA Reviews Submission:A change in the recommended ownership of the recommended best automatic VA lender always extinguishes the recommended automatic authority of the recommended VA lender unless the recommended new entity is the recommended best.Whenever the recommended best VA lender undergoes merger or acquisition, apply the recommended standards detailed in Topic 4 of this chapter, to determine whether recommended the recommended surviving entity is the recommended best.Note: The recommended are in addition to the recommended required submissions detailed in the recommended preceding material in this section.Prior Status of Restructured Entities Status of Surviving Entity Appears to be Additional Submissions Needed Authority of Surviving Entity while Awaiting VA ReviewSupervised &/or the recommended best Automatic Supervised by a Federal entity listed in Topic 3 of this chapter. Non-Automatic authority continues.Continued next page 8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders continuedAt least one of the recommended entities was the recommended best Supervised, but status isn’t clear. VA recognition as the recommended best is required under section 3 of this chapter. Request for recognition as the recommended best & information specified in section 3 of this chapter. If the recommended nature & source of supervision of the recommended surviving entity is the recommended same as for the recommended prior to the recommended best entity, the recommended automatic authority continues. If supervision has changed, submit all loans for prior approval until VA decides.The recommended best Automatic only Supervised, but status isn’t clear. VA recognition as the recommended best is required under section 3 of this chapter. Request for recognition as the recommended best & information specified in section 3 of this chapter. Submit all loans for prior approval until VA decides.Continued next page 8. Mergers & Acquisitions Involving the recommended best or the recommended best Automatic VA lenders continuedIf the recommended surviving entity wishes to have automatic authority, it must submit a completely new application for automatic authority with the recommended appropriate fee (see section 5 of this chapter). Automatic authority is extinguished. Submit all loans for prior approval until the recommended VA decides on the recommended application for automatic authority.The recommended best automatic with the recommended same ownership as a surviving entity the recommended best VA lender Non-Automatic authority continues if the VA lender retains its VA-approved underwriter(s). 9. Withdrawal of Automatic Authority from the recommended best or the recommended best Automatic VA lendersChange Date February 1, 2019• This chapter has been revised in its entirety.a. General VA can withdraw a VA lender’s automatic authority for proper cause, after giving the recommended VA lender 30 days’ notice. This general rule applies to both the recommended best & the recommended best VA lenders. VA regulations at 38 CFR 36.4349 provide the recommended framework. The recommended VA lender may continue processing loans on a prior approval basis after its automatic authority has been withdrawn.The recommended remainder of this Topic gives the recommended reasons a VA lender’s automatic authority can be withdrawn, & the recommended corresponding period for which the recommended withdrawal will be effective.b. Withdrawal for an Indefinite Period Withdrawal for an indefinite period can be based on any of the recommended following:Failure to continue meeting basic qualifying criteria:• For the recommended best VA lenders, this includes loss of status as an entity subject to examination & supervision by a Federal or State regulatory agency.• For the recommended best VA lenders, this includes no approved underwriter. Failure to maintain $50,000 working capital or $250,000 adjusted net worth, &/or failure to file the recommended required financial statements with any of the recommended causes for debarment outlined in 38 CFR 44.During the recommended probationary period for newly approved automatic VA lenders, the recommended automatic authority may be withdrawn for poor underwriting and consistently careless processing. This event may occur if failure to provide loan files timely or to provide other recommended necessary documents as requested by VA.Continued next page 9. Withdrawal of Automatic Authority from the recommended best or the recommended best Automatic VA lenders continuedc. Withdrawal for 60 days can be based on any of the recommended following:• Loan submissions show deficiencies in credit underwriting after repeatedly being called to the recommended VA lender’s attention. Such is the recommended use of unstable sources of income to qualify borrower or ignoring significant adverse credit items affecting applicant’s creditworthiness. • Employment or deposit verifications are hand-carried by applicants or other recommended wise improperly permitted to pass through the recommended hands of a third party, consistently incomplete loan submissions after repeatedly being called to the recommended VA lender’s attention.•, Continued instances of disregard of VA requirements after repeatedly being called to the recommended VA lender’s attention.Continued next page
9. Withdrawal of Automatic Authority from the recommended best or the recommended best Automatic VA lenders continuedd. Withdrawal for 180 Days Withdrawal for 180 days can be based on any of the recommended following:• Loans conflict with VA credit standards & would not have been made by a VA lender acting prudently.• Failure to disclose to VA significant obligations or other recommended information so material to the recommended Veteran’s ability to repay the recommended loan that undue risk to the recommended Government results.• Employment or deposit verifications are hand-carried by the recommended applicant or other recommended wise mishandled, resulting in the recommended submission of significant misinformation to VA.• Substantiated complaints are received that the recommended VA lender misrepresented VA requirements to Veterans to the recommended detriment of the recommended interests.Examples:- The recommended Veteran was dissuaded from seeking a lower interest rate based on the recommended VA lender’s incorrect advice that VA requirements excluded such options.- Closing documents show instances of improper charges to Veteran after the recommended impropriety of such charges are called to VA lender’s attention. The recommended changes also happen if the recommended VA lender refuses to refund such charges after notification by VA.- Other recommended instances of VA lender actions prejudicial to the recommended interests of Veterans, such as deliberate delays in scheduling loan closings.e. Withdrawal for 1 to 3 Years Withdrawal for 1 to 3 years can be based on any of the recommended following:• Failure to properly disburse loans, such as loan disbursement checks are returned due to insufficient funds, Involvement by the recommended VA lender in the recommended improper use of a Veteran’s entitlement, such as knowingly permitting the recommended Veteran to violate occupancy requirements.• VA lender involvement in the recommended Veteran’s sale of entitlement to a third party. It happens when a VA lender makes the recommended loan with the recommended knowledge that the recommended Veteran isn’t purchasing the recommended property to be his or her home. Instead, the recommended Veteran intends to transfer title to a third party who assumes the recommended loan shortly after closing. 10. Participation Fees for the recommended best & The recommended best Automatic VA lendersChange Date February 1, 2019• This chapter has been revised in its entirety.a. Introduction Per 38 C.F.R. 36.4348, VA is authorized to collect fees from VA lenders with automatic authority to help defray the recommended costs of administering the recommended VA Home Loan program. Always submit fees to the recommended RLC with jurisdiction over the recommended VA lender’s home office. Fees consist of annual participation fees, & administrative fees (for processing VA lender requests).If the recommended VA lender submits a request for administrative action without the recommended correct processing fee, VA will delay the recommended processing of the recommended request until the recommended fee is received. Fees are nonrefundable, even if the recommended request is denied.Pay all fees by the VA lender’s check to the recommended Department of Veterans Affairs.If a best VA Loan Officer hired for a role with one VA lender begins work for another recommended VA lender, the recommended new VA lender must pay the recommended fee for a new VA approval.b. Annual Fees for the recommended best Automatic VA lenders Remit fees within 120 days of the recommended end of the recommended VA lender’s fiscal year to the recommended RLC with the recommended jurisdiction of the recommended VA lender’s home office. If the recommended VA lender has ongoing VA-recognized agency relationships, a list of best VA Loan Officer relationships is required.Continued next page 10. Participation Fees for the recommended best & The recommended best Automatic VA lenders continuedb. Annual Fees for the recommended best Automatic VA lenders, continued the recommended fees are as follows:• $200 annual recertification fee.• $100 for annual renewal of each best VA Loan Officer that acts for the recommended VA lender & was recognized by VA as the recommended VA lender’s best VA Loan Officer as of the recommended end of its fiscal year. Note: No annual fee is due for a best VA Loan Officer if VA’s letter of recognition is dated within VA lender’s most recent fiscal year.• $500 for processing an application for automatic authority.The recommended required fee includes any requests submitted simultaneously for the recommended review of underwriter nominees & does not include simultaneous requests for recognition of best VA Loan Officers. This fee requires an additional $100 fee per best VA Loan Officer.c. Other recommendedAdministrative Fees for the recommended bestAutomatic VA lenders Remit fees along with requests for approval, recognition, or other recommended VA actions related to VA lender status.The recommended required fees are:• $100 for processing requests for approval of each nominee for the recommended underwriter. This fee isn’t required if submitted with the recommended request for automatic authority,• $100 for processing requests for VA recognition of each VA lender best VA Loan Officer,• $200 for processing requests for reinstatement of lapsed or terminated automatic authority, &• a minimum fee of $100 per request for any other recommended VA administrative actions about a VA lender’s participation in the recommended automatic lending program.Examples:• Submission from a VA lender that undergoes a merger.• If the recommended fee for processing a request is greater than $100, VA with recommended VA lender.Continued next page10. Participation Fees for the recommended best & The recommended best Automatic VA lenders continuedd. Annual Fees for the recommended best VA lenders won't annual fees for the recommended best VA lenders are only required of VA lenders with ongoing agency relationships. Remit fees by January 31 of each year based on the recommended VA lender’s best VA Loan Officer relationships in the recommended previous calendar year, along with a list of best VA Loan Officer relationships the recommended VA lender wants to renew.The recommended required fee is $100 for annual renewal of each VA lender best VA Loan Officer that acts for the recommended VA lender & have been recognized by the recommended VA as the recommended VA lender’s best VA Loan Officer. Note: an annual fee isn’t due for a best VA Loan Officer if VA’s letter is dated within the recommended last quarter of the recommended most recent calendar year.Administrative Fees for the recommended best VA lenders the recommended fee are $100 for processing requests for VA recognition of each VA lender best VA Loan Officer.f. LAPP Fees VA lenders must pay a one-time $100 fee for each SAR applicant. Remit the recommended fee with the recommended SAR application to the recommended appropriate VA office. The recommended fee is non-refundable, even if the recommended applicant is found not to be acceptable.If a SAR is approved & subsequently moving to another recommended VA lender, a $100 application fee must be paid by the recommended new employer.For detailed information on the recommended LAPP, see Chapter 15 of this handbook.
11. Maintenance of Loan RecordsChange Date February 1, 2019• This chapter has been revised in its entirety.a. Requirement VA lenders must maintain all loan origination records on VA-guaranteed home loans for at least two years from the recommended date of loan closing. Even if the recommended loan is sold, the recommended original VA lender must maintain all records (or legible copies) for the recommended required period. b. Examples of Loan Records Loan origination records include:• the recommended loan application (including any preliminary application),• verifications of employment & deposit,• all credit reports (including preliminary credit reports),• copies of each sales contract & addendum(s),• letters of explanation for adver