You have certain basic rights as a VA loan borrower that you should know about. These
include:
Assumable Loan. For all VA Loans committed on or after March 1, 1988, you may sell your
home to someone who agrees to assume your loan if the loan holder or VA approves the
creditworthiness of the purchaser(s). If the purchaser(s) is creditworthy and assumes the
liability to the lender and VA to the same extent that you did when you obtained the loan, you
will be released from liability on the loan. To obtain a release from liability, you should check
with the company to whom you make your payments before you sell your home. The loan may
becxome immediately due and payable if you do not obtain approval of the loan assumption
before selling your home. Keep in mind that you will not be able to get another VA loan with
the entitlement that you used for this loan until the property is sold and the loan is paid in full
unless the purchaser is a veteran and can qualify for substitution of entitlement. The local VA
office can provide you with details concerning substitution of entitlement.
No Prepayment Penalty. If you pay off your loan early, your lender cannot require that you pay
a prepayment penalty.
No Late Charge Unless Payment Is More Than 15 Days Overdue. Also, late charge may not
exceed 4 percent of payment amount.
These rights apply to you and, if you sell your home, to any buyer who assurmes your loan.
Some mortgage notes used by lenders may have provisions which seem to take away these
rights. However, the lender cannot enforce these provisions for a VA loan.
Your loan is guaranteed or insured under Title 38, United States Code. The law and regulations
that are in effect on the date your loan is closed govern the rights, duties and liabilities of you
and the lender. Any provision of any instrument executed in connection with your loan which is
inconsistent with the law or the regulations is invalid.
If your loan has been funded by a State or local housing program, these basic rights may not
apply to you. If you are a participant in this type of program you should receive a notice stating
the restrictions that apply to your loan.
If you believe your rights as a VA loan borrower are being violated by the lender, or if you have
any questions about your loan which the lender cannot answer to your satisfaction, please
contact the local VA office for assistance.
DEPARTMENT OF VETERANS AFFAIRS
VA FORM
DEC 1998
26-8978
RIGHTS OF VA LOAN BORROWERS
(IMPORTANT NOTICE)