Voglio sapere a riguardo di…

28708

Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Rules and Regulations
Comptroller General and to Congress a copy of this Regulation and the Regulatory Impact Analysis associated with the Regulation.
List of Subjects in 38 CFR Part 36
Condominiums, Housing, Individuals with disabilities, Loan programs housing and community development, Loan programsveterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs approved this document on April 8, 2021 and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs.
Luvenia Potts Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR part 36 as set forth below:
PART 36LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:

Authority: 38 U.S.C. 501 and 3720.

2. Amend 36.4333 by revising paragraph a2 and the two parenthetical sentences at the end of the section to read as follows:

36.4333

Maintenance of records.

a
2 The holder shall maintain records supporting their decision to approve any loss mitigation option. The holder shall maintain records supporting their decision to pursue a partial claim payment under the COVID19 Veterans Assistance Partial Claim Payment program established under subpart F of this part. Such records shall be retained a minimum of 3 years from the date of any incentive paid in accordance with 36.4319a or, in the case of a partial claim payment under the COVID19
Veterans Assistance Partial Claim Payment program, the date the veterans guaranteed loan is made current under such program, whichever is later, and shall include, but not be limited to, credit reports, verifications of income, employment, assets, liabilities, and other factors affecting the obligors credit worthiness, work sheets, and
VerDate Sep<11>2014

16:57 May 27, 2021

Jkt 253001

other documents supporting the holders decision.

The Office of Management and Budget has approved the information collection requirements in this section under control number 29000515
Authority: 38 U.S.C. 3703c1, 3704d

3. Add 36.4336 to read as follows:

36.4336

Oversight of servicing.

a Subject to notice and opportunity for a hearing, whenever the Secretary finds that any servicer has failed to maintain adequate loan accounting records, or to demonstrate proper ability to service loans adequately or to exercise proper credit judgment or has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may refuse either temporarily or permanently to guarantee or insure any loans made by such servicer and may bar such servicer from servicing or acquiring guaranteed loans.
b Notwithstanding paragraph a of this section, but subject to 36.4328, the Secretary will not refuse to pay a guaranty or insurance claim on a guaranteed loan theretofore entered into in good faith between a veteran and such servicer.
c The Secretary may also refuse either temporarily or permanently to guarantee or insure any loans made by a lender or holder suspended, debarred, denied, or otherwise restricted from participation in FHAs insurance programs pursuant to a determination of the Secretary of Housing and Urban Development.
The Office of Management and Budget has approved the information collection requirements in this section under control number 29000515
Authority: 38 U.S.C. 3703, 3704d, 3720

4. Add subpart F, consisting of 36.4800 through 36.4810, to read as follows:

Subpart FCOVID19 Recovery Measures Sec.
36.4800 Applicability.
36.4801 Definitions.
36.4802 General purpose of the COVID19
Veterans Assistance Partial Claim Payment program.
36.4803 General requirements of the COVID19 Veterans Assistance Partial Claim Payment program.
36.4804 Partial claim payment as a home retention option.
36.4805 Terms of the partial claim payment.
36.4806 Terms of the assistance to the veteran.

PO 00000

Frm 00018

Fmt 4700

Sfmt 4700

36.4807 Application for partial claim payment.
36.4808 No effect on the servicing of the guaranteed loan.
36.4809 Expiration of the COVID19
Veterans Assistance Partial Claim Payment program.
36.4810 Oversight of the COVID19
Veterans Assistance Partial Claim Payment program.
36.4800

Applicability.

This subpart applies to all loans guaranteed by VA, to the extent such loans are affected by the COVID19
national emergency.
Authority: 38 U.S.C. 3703c, 3720, 3732
36.4801

Definitions.

The following definitions of terms apply to this subpart:
Alternative to foreclosure means an alternative to foreclosure for which the Secretary may pay an incentive under 36.4319. These alternatives include compromise sale sometimes called a short sale and deed-in-lieu of foreclosure.
COVID19 forbearance means any forbearance of scheduled monthly guaranteed loan payments, granted to a veteran under section 4022 of the Coronavirus Aid, Relief, and Economic Security Act Public Law 116136. It can also include any forbearance of scheduled monthly guaranteed loan payments, granted to a veteran for a financial hardship due, directly or indirectly, to the COVID19 national emergency.
COVID19 indebtedness means the dollar amount the veteran is obligated to pay under the guaranteed loan terms, but that is not collected during a COVID19 forbearance.
Guaranteed loan means a loan guaranteed under chapter 37 of title 38, United States Code.
Loss-mitigation option means a lossmitigation option for which the Secretary may pay an incentive under 36.4319. These options include a repayment plan, special forbearance, and loan modification.
Secretary means the Secretary of Veterans Affairs, or any employee of the Department of Veterans Affairs VA
authorized to act in the Secretarys stead.
Servicer means, for the purposes of this subpart, the holder, servicer, or servicing agent, as defined in 36.4301.
The terms can apply jointly or severally, or jointly and severally.
Authority: 38 U.S.C. 3703c, 3720, 3732

E:FRFM28MYR1.SGM

28MYR1