Proposed Rule2024-13389
Loan Guaranty: Adjustable Rate Mortgages, Hybrid Adjustable Rate Mortgages, and Temporary Buydown Agreements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) proposes to amend its rules on interest rates for adjustable rate mortgage (ARM) loans and hybrid adjustable rate mortgage (h-ARM) loans. The proposed rule would ensure VA's existing interest rate regulation reflects current statutory requirements regarding these loans, in a way that makes the loans a more viable, safe product for Veterans. The proposed rule would also solidify requirements for temporary buydown agreements to help Veterans temporarily reduce their interest rates and, in effect, lower their monthly mortgage payments for a specific period of time.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Proposed Rules]
[Pages 51995-52002]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13389]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 36
RIN 2900-AS08
Loan Guaranty: Adjustable Rate Mortgages, Hybrid Adjustable Rate
Mortgages, and Temporary Buydown Agreements
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
rules on interest rates for adjustable rate mortgage (ARM) loans and
hybrid adjustable rate mortgage (h-ARM) loans. The proposed rule would
ensure VA's existing interest rate regulation reflects current
statutory requirements regarding these loans, in a way that makes the
loans a more viable, safe product for Veterans. The proposed rule would
also solidify requirements for temporary buydown agreements to help
Veterans temporarily reduce their interest rates and, in effect, lower
their monthly mortgage payments for a specific period of time.
DATES: Comments must be received on or before August 20, 2024.
ADDRESSES: Comments must be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
<a href="http://www.regulations.gov">www.regulations.gov</a> as soon as possible after they have been received.
VA will not post on <a href="http://Regulations.gov">Regulations.gov</a> public comments that make threats
to individuals or institutions or suggest that the commenter will take
actions to harm an individual. VA encourages individuals not to submit
duplicative comments; however, we will post comments from multiple
unique commenters even if the content is identical or nearly identical
to other comments. Any public comment received after the comment
period's closing date is considered late and will not be considered in
the final rulemaking. In accordance with the Providing Accountability
Through Transparency Act of 2023, a plain language summary (not more
than 100 words in length) of this proposed rule is available at
<a href="http://www.regulations.gov">www.regulations.gov</a>, under RIN 2900-AS08(P).
FOR FURTHER INFORMATION CONTACT: Stephanie Li, Assistant Director for
Regulations, Legislation, Engagement and Training, and Terry Rouch,
Assistant Director for Loan Policy and Valuation, Loan Guaranty Service
(26), Veterans Benefits Administration, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington, DC 20420, (202) 632-8862. (This is
not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
VA's home loan guaranty program assists eligible Veterans \1\ to
purchase, construct, improve, or refinance a home. Since the benefit
was initially introduced in 1944,\2\ Congress has enacted laws
expanding the types of loans VA may guarantee. Additionally, sections
3703(c), 3710, and 3720 further provide the Secretary broad discretion
in regulating the terms and conditions of loans, establishing
underwriting standards, and consenting to modified loan terms such as
interest rates. 38 U.S.C. 3703, 3710, and 3720. Lastly, under 38 U.S.C.
501, ``[t]he Secretary has authority to prescribe all rules and
regulations which are necessary or appropriate to carry out the laws
administered by the Department.'' Based on these authorities, VA
proposes to amend 38 CFR part 36 as discussed below.
---------------------------------------------------------------------------
\1\ The term ``Veteran'' is more expansive for the home loan
program than for some other VA benefits. In addition to Veterans
defined at 38 U.S.C. 101, the term includes active duty service
members, members of the National Guard and Selected Reserve,
surviving spouses, and spouses of those individuals who are
determined missing in action or prisoners of war. See 38 U.S.C. 101,
3701, and 3702. For more information, please visit VA's website at
<a href="https://www.va.gov/housing-assistance/home-loans/eligibility/">https://www.va.gov/housing-assistance/home-loans/eligibility/</a>.
\2\ Servicemen's Readjustment Act of 1944, Public Law 78-346, 58
Stat. 284.
---------------------------------------------------------------------------
A. Adjustable Rate Mortgages and Hybrid Adjustable Rate Mortgages
Two types of loans VA may guarantee are ARM loans pursuant to 38
U.S.C. 3707 and h-ARM loans pursuant to 38 U.S.C. 3707A. Initially,
Congress allowed VA to guarantee ARM and h-ARM loans under temporary
programs, but VA's authority was eventually made permanent.\3\
---------------------------------------------------------------------------
\3\ In 1992, Congress authorized VA to guarantee ARM loans
beginning in fiscal year (FY) 1993. Veterans Home Loan Program
Amendments of 1992, Public Law 102-547, sec. 3(a)(1), 106 Stat.
3633, 3634. This authority, which expired at the end of FY 1995, was
later extended through FY 2008, then through FY 2012, and then, in
2012, made permanent. Veterans Benefits Improvement Act of 2004,
Public Law 108-454, sec. 404, 118 Stat. 3598, 3616; Veterans'
Benefits Improvement Act of 2008, Public Law 110-389, sec. 505, 122
Stat. 4145, 4176; Honoring America's Veterans and Caring for Camp
Lejeune Families Act of 2012, Public Law 112-154, sec. 208, 126
Stat. 1165, 1179. Legislation authorizing VA to guarantee h-ARM
loans was first enacted in 2002. Veterans Benefits Act of 2002,
Public Law 107-330, title III, sec. 303(a), 116 Stat. 2820, 2825.
The statutory authority, codified at 38 U.S.C. 3707A, expired at the
end of FY 2005 but was later extended through FY 2008, and then
through FY 2012. Veterans Benefits Improvement Act of 2004, Public
Law 108-454, sec. 405, 118 Stat. 3616-3617; Veterans' Benefits
Improvement Act of 2008, Public Law 110-389, sec. 505, 122 Stat.
4176. In 2012, Congress made permanent VA's authority to guarantee
h-ARM loans. Public Law 112-154, sec. 209, 126 Stat. 1179.
---------------------------------------------------------------------------
B. Temporary Buydown Agreements
A temporary buydown agreement is commonly included in a mortgage
contract and involves using up-front funds deposited into an escrow
account to temporarily reduce the interest rate, effectively lowering
the monthly mortgage payment for a specific period lasting anywhere
from one to three years. These agreements are often used as a marketing
tool for lenders, sellers, and builders, as they provide the Veteran
with a lower payment at the beginning of their loan. The up-front funds
deposited into an escrow account may be funded by the seller, lender,
builder, or Veteran.
VA has in recent years permitted the use of temporary buydown
agreements \4\
[[Page 51996]]
and proposes to amend 38 CFR part 36 as discussed below to codify the
terms and conditions VA finds acceptable.
---------------------------------------------------------------------------
\4\ When temporary buy-down agreements were still considered
novel, VA was concerned that a Veteran's payment of the up-front
escrows could be considered a ``cash-advance fee,'' in violation of
the regulation at 38 CFR 36.4313. VA published administrative
guidance explaining the position. See Circular 26-18-4, ``Policy
Reminder for Lender's Payment or Credit of Veterans Costs in VA Home
Loans'' (Feb. 23, 2018), <a href="https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_18_4.pdf">https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_18_4.pdf</a>. Upon better understanding of the
buydown arrangements, however, and upon learning that the position
could prejudice Veterans' position in the marketplace, VA allowed
the Circular to expire (Jan. 1, 2020) without renewal.
---------------------------------------------------------------------------
II. Discussion of Proposed Changes
VA is proposing changes to regulations in 38 CFR part 36 that would
define ARM loans, h-ARM loans, and temporary buydown agreements, as
well as outline requirements for guarantee. Through this proposed
rulemaking, VA is looking to provide clarity in the regulations to
improve Veterans' and lenders' understanding of VA requirements for
guarantee of these loan products.
A. Definitions and Clarifying or Conforming Amendments
1. Defining ARM Loans and h-ARM Loans
In 38 CFR 36.4301, VA proposes to define an ``adjustable rate
mortgage loan'' as ``[a] loan for the purpose of acquiring,
constructing, or refinancing a single-family dwelling unit with an
interest rate that may change on an annual basis'' and ``hybrid
adjustable rate mortgage loan'' as ``[a] loan for the purpose of
acquiring, constructing, or refinancing a single-family dwelling unit
with an interest rate that is fixed for a period of time, after which
the interest rate may change on an annual basis.'' While ``adjustable
rate mortgage loan'' and ``hybrid adjustable rate mortgage loan'' are
commonly used terms in the housing finance industry, VA notes that many
lending programs consider a h-ARM loan to be a subset or type of ARM
loan.\5\ For purposes of VA-guaranteed loans, each loan type is
distinct and subject to separate statutory requirements.\6\ Thus, VA
proposes to add definitions for these terms to avoid confusion among
Veterans and lenders.
---------------------------------------------------------------------------
\5\ Daniel Liberto, Adjustable-Rate Mortgage (ARM): What It Is
and Different Types, Investopedia (Apr. 11, 2023), <a href="https://www.investopedia.com/terms/a/arm.asp">https://www.investopedia.com/terms/a/arm.asp</a>.
\6\ See 38 U.S.C. 3707 and 3707A.
---------------------------------------------------------------------------
2. Conforming Amendments Related to Proposed ARM Loan and h-ARM Loan
Definitions
VA's current regulations do not differentiate between ARM and h-ARM
loans and refer only to ``an adjustable rate mortgage.'' Because VA is
proposing to provide specific definitions for each term in Sec.
36.4301, VA is also proposing amendments in 38 CFR 36.4306(a)(3)(i)(H),
36.4306(b)(4), 36.4307(a)(3), 36.4312(a), and 36.4340(b)(2)(iv). The
purpose of these proposed changes is to ensure that any regulation
applicable to both ARM and h-ARM loans identifies them both in the rule
text. Since the requirements apply to both ARM and h-ARM loans, in
Sec. 36.4306(a)(3)(i)(H), VA is proposing to add ``loan or a hybrid
adjustable rate mortgage loan'' after ``adjustable rate mortgage,'' and
in Sec. 36.4306(b)(4), VA is proposing to add ``or hybrid adjustable
rate'' after ``adjustable rate.'' For the same reason, in Sec.
36.4307(a)(3), VA is proposing to add ``loan or a VA-guaranteed hybrid
adjustable rate mortgage loan'' after ``adjustable rate mortgage,'' and
in Sec. 36.4312(a), VA is proposing to add ``loan or hybrid adjustable
rate mortgage loan'' after ``adjustable rate mortgage.'' Lastly, in
Sec. 36.4340(b)(2)(iv), VA is proposing to add ``or hybrid adjustable
rate'' after ``adjustable rate.''
3. Paragraph Headings
To enhance the readability of Sec. 36.4312, VA proposes adding
paragraph headings. Specifically, for paragraph (a), VA proposes to add
the paragraph heading ``General.'' For paragraphs (b), (c), and (d), VA
proposes to add the paragraph headings ``Discount points,'' ``Excess
interest charges,'' and ``Adjustable rate mortgage loans and hybrid
adjustable rate mortgage loans,'' respectively.
4. Authority Citations
Finally, VA proposes to remove the paragraph-specific authority
citations in paragraphs (a), (b), and (c), and amend the authority
citation at the end of Sec. 36.4312.
B. Requirements for ARM Loans and h-ARM Loans
Current 38 CFR 36.4312(d) outlines certain guarantee requirements
for adjustable rate mortgage loans, effective October 1, 2003. However,
such requirements do not distinguish between ARM loans and h-ARM loans.
VA proposes to clarify in the introductory text to paragraph (d) that
the requirements outlined thereafter apply to both loan types by
deleting the current text and inserting ``Adjustable rate mortgage
loans and hybrid adjustable rate mortgage loans that comply with the
requirements of this paragraph (d) are eligible for guaranty.''
1. Section 36.4312(d)(1) Interest Rate Index
Both 38 U.S.C. 3707(b)(1) and 3707A(c)(1) require VA to specify
interest rate adjustment provisions that ``correspond to a specified
national interest rate index approved by the Secretary, information on
which is readily accessible to mortgagors from generally available
published sources.'' VA's current regulation at Sec. 36.4312(d)(1)
specifies that changes in the interest rate correspond to changes in
the weekly average yield on 1 year (52 weeks) Treasury bills adjusted
to a constant maturity.
While VA is not proposing any changes to the current interest rate
index used by lenders for ARM loans and h-ARM loans, VA is proposing to
amend existing paragraph (d)(1) for length and readability. VA believes
that the industry name of the interest rate index and its publication
source should be sufficient for lenders and other program participants
to identify the interest rate index and to refer to appropriate online
resources on the internet to find out additional particulars if
necessary.
2. Section 36.4312(d)(2) Frequency of Interest Rate Changes
Current Sec. 36.4312(d)(2) outlines requirements regarding the
frequency of interest rate changes, stating that such adjustments must
occur annually except for the first adjustment, which may occur no
sooner than 36 months from the date of the first mortgage payment. A
retrospective review of VA's regulatory changes for this section
reveals that this section was amended, effective May 2, 2005, to
implement guarantee requirements for h-ARM loans.\7\ The amendments
mirrored the then-existing regulatory requirements for ARM loans except
for the requirement that the first adjustment occur no sooner than 36
months from the date of the first mortgage payment, as opposed to
annually for ARM loans. Notably, Congress reauthorized VA's guarantee
for ARM loans in 2004, including the requirement that interest rate
changes occur on an annual basis, between the publication of the
proposed and final rule for h-ARM loan requirements.\8\ The elimination
of the requirements for ARM loans appeared to be inadvertent, as VA
continued to guarantee such loans following the regulatory requirements
in place prior to May 2, 2005.
---------------------------------------------------------------------------
\7\ See 70 FR 22596 (May 2, 2005); 68 FR 58293 (Oct. 9, 2003).
\8\ See Veterans Benefits Improvement Act of 2004, Public Law
108-454, sec. 404-405, 118 Stat. 3616-3617.
---------------------------------------------------------------------------
VA proposes to correct this error and spell out the frequency of
interest rate change requirements for both ARM loans and h-ARM loans in
paragraph (d)(2). Specifically, VA proposes to divide paragraph (d)(2)
into four
[[Page 51997]]
paragraphs, incorporating existing language applicable to both ARM
loans and h-ARM loans and adding the interest rate change requirements
for ARM loans. Paragraph (d)(2)(i) would state that any interest rate
adjustments for ARM loans must occur on an annual basis starting from
the date of the Veteran's first scheduled monthly mortgage payment due
date.\9\ Paragraph (d)(2)(ii) would state that the first interest rate
adjustment for h-ARM loans must not occur sooner than 36 months from
the date of the Veteran's first scheduled monthly mortgage payment due
date.\10\ Thereafter, for h-ARM loans, any interest rate adjustments
would occur on an annual basis.\11\ For example, if a Veteran closed on
an ARM loan on June 15, and the first payment due date on the loan was
scheduled for August 1, any future adjustment in the interest rate
would occur on August 1. In the case of a h-ARM loan with a three-year
fixed interest rate, the first adjustment in the interest rate would
occur on August 1 three years after the first mortgage payment due
date; any subsequent adjustments would occur annually on August 1.
---------------------------------------------------------------------------
\9\ See 38 U.S.C. 3707(b)(2).
\10\ See 38 U.S.C. 3707A(b)(1).
\11\ See 38 U.S.C. 3707A(c)(2).
---------------------------------------------------------------------------
Paragraph (d)(2)(iii) would contain existing language from Sec.
36.4312(d)(2) with minor adjustments for consistency with other
amendments. Specifically, it would state that ``[t]he adjusted rate
will become effective the first day of the month following the rate
adjustment date. The first monthly mortgage payment at the new rate
will be due on the first day of the following month.''
Finally, paragraph (d)(2)(iv) would contain existing language from
Sec. 36.4312(d)(2), with minor changes to clarify the lender's
required actions in setting the new interest rate. VA notes that the
language in proposed paragraph (d)(2)(iv) was amended in 2015 as part
of VA's final rule on adjustable rate mortgage notification
requirements and look-back period.\12\ VA's amendments in 2015 were to
align VA's look-back requirements with the Truth in Lending Act (TILA),
as revised by the Consumer Financial Protection Bureau (CFPB) in the
2013 TILA servicing rule.\13\
---------------------------------------------------------------------------
\12\ See 80 FR 48254 (Aug. 12, 2015).
\13\ Id.; 78 FR 10902 (Feb. 14, 2013).
---------------------------------------------------------------------------
3. Section 36.4312(d)(3) Method of Rate Changes
VA proposes to amend the text under paragraph (d)(3) to replace
``adjustments to the borrower's monthly payments'' with ``adjustments
to the [V]eteran's scheduled monthly payment amount.'' VA believes the
clarification that an interest rate change shall only be implemented
through an adjustment in the scheduled monthly payment amount would
help avoid confusion for stakeholders. As currently written,
``adjustments to the borrower's monthly payments'' could be interpreted
as allowing a lender to implement the interest rate change by adjusting
other attributes of the borrower's monthly payment--for example, by
changing the number of monthly payments to two.
4. Section 36.4312(d)(4) Initial Rate and Magnitude of Changes
VA is proposing changes to paragraph (d)(4) for clarity and to
align Sec. 36.4312 with current requirements for ARM and h-ARM loans.
To improve the readability of this paragraph, VA proposes to amend the
introductory text in paragraph (d)(4) to state that ``[t]he lender and
the [V]eteran must agree upon the initial interest rate. Future
adjustments in the interest rate must be based upon changes in the
interest rate index, subject to the following conditions and
limitations:''.
VA proposes to remove the term ``annual'' and replace with
``future.'' VA is proposing this amendment because while ``annual''
interest rate adjustments occur in ARM loans, for h-ARM loans, the
adjustments are ``annual,'' but only after the initial fixed interest
rate period of at least three years. Therefore, VA determined use of
the term ``future'' was more appropriate for this introductory text. VA
also proposes to replace ``adjustments in the interest rate shall
correspond to annual changes in the interest rate index'' with
``adjustments in the interest rate must be based upon changes in the
interest rate index'' because this is a more accurate description of
future adjustments. Specifically, lenders must derive and calculate
future adjustments in the interest rate using the applicable interest
rate index at the time of the adjustment.\14\
---------------------------------------------------------------------------
\14\ See 38 U.S.C. 3707(b)(1) and 3707A(c)(1).
---------------------------------------------------------------------------
In addition to the above changes to the introductory text, VA
proposes the following amendments to paragraph (d)(4). First, VA
proposes revisions to paragraph (d)(4)(i) to state that, for adjustable
rate mortgage loans, no single annual adjustment to the interest rate
would result in a change in either direction of more than 1 percentage
point from the interest rate in effect for the period immediately
preceding that adjustment.\15\ Index rate changes in excess of 1
percentage point would not be carried over for inclusion in an
adjustment in a subsequent year.\16\ Adjustments to the interest rate
over the entire term of the loan would be limited to a maximum increase
of 5 percentage points from the initial interest rate.\17\
---------------------------------------------------------------------------
\15\ See 38 U.S.C. 3707(b)(3).
\16\ Id.
\17\ See 38 U.S.C. 3707(b)(4).
---------------------------------------------------------------------------
VA also proposes to redesignate current paragraph (d)(4)(ii) as
(d)(4)(iv) and insert new paragraphs (d)(4)(ii) and (d)(4)(iii). In
proposed new paragraph (d)(4)(ii), VA would outline that for h-ARM
loans that have an initial interest rate fixed for less than 5 years:
no single annual adjustment to the interest rate would result in a
change in either direction of more than 1 percentage point from the
interest rate in effect for the period immediately preceding that
adjustment; index rate changes in excess of 1 percentage point would
not be carried over for inclusion in an adjustment in a subsequent
year; and adjustments to the interest rate over the entire term of the
loan would be limited to a maximum increase of 5 percentage points from
the initial interest rate.\18\
---------------------------------------------------------------------------
\18\ See 38 U.S.C. 3707A(b)(2)-(3), (c).
---------------------------------------------------------------------------
In proposed new paragraph (d)(4)(iii), VA would outline that for h-
ARM loans that have an initial interest rate fixed for 5 or more years:
no single annual adjustment to the interest rate will result in a
change in either direction of more than 2 percentage points from the
interest rate in effect for the period immediately preceding that
adjustment; index rate changes in excess of 2 percentage points will
not be carried over for inclusion in an adjustment in a subsequent
year; and adjustment to the interest rate over the entire term of the
loan is limited to a maximum increase of 6 percentage points from the
initial interest rate.\19\ Finally, in redesignated paragraph
(d)(4)(iv), VA proposes minor clarifying edits for improved
comprehension.
---------------------------------------------------------------------------
\19\ Id.
---------------------------------------------------------------------------
5. Section 36.4312(d)(5) Interest Rate for Underwriting Purposes
VA proposes to redesignate current paragraphs (d)(5) and (d)(6) to
paragraphs (d)(6) and (d)(7), respectively, and add a new paragraph
(d)(5) to outline requirements pertaining to underwriting ARM loans and
h-ARM loans. While VA prescribes underwriting guidelines for guaranteed
loans at 38 CFR 36.4340, specific guidance is needed to ensure that
lenders understand how to evaluate a Veteran's ability to repay a loan
where the monthly mortgage payment may be subject to future increases
associated
[[Page 51998]]
with an increase in the interest rate.\20\ In proposing specific
underwriting guidelines for ARM and h-ARM loans, VA considered factors
such as lenders' use of constant maturity treasury (CMT) rates in
establishing initial interest rates for ARM and h-ARM loans; the
potential that a Veteran's mortgage payment could increase at a rate
greater than anticipated increases in the Veteran's income, especially
for ARM loans; and the underwriting standards applicable to adjustable
rate mortgages within the Federal Housing Administration's (FHA's)
Section 251 Adjustable Rate Mortgage program.\21\
---------------------------------------------------------------------------
\20\ See 38 U.S.C. 3707(c) and 3707A(d).
\21\ Id. See also 24 CFR 203.49; Single Family Housing Policy
Handbook (Handbook 4000.1), II.A.8.f.vii., Oct. 31, 2023, <a href="https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsghhdbk1223.pdf">https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsghhdbk1223.pdf</a>.
---------------------------------------------------------------------------
Accordingly, in proposed new paragraph (5), VA would outline that
ARM loans subject to underwriting must be evaluated at an interest rate
not lower than 1 percentage point above the initial interest rate.\22\
VA proposes this requirement because the interest rate for an ARM loan
could potentially increase by as much as 1 percentage point after only
12 months. Therefore, requiring the lender to consider the Veteran's
ability to repay using the higher interest rate ensures that the
Veteran would be able to adjust to the increased monthly mortgage
payment. VA notes that this underwriting requirement is a floor, not a
ceiling. Thus, lenders may, when underwriting ARM loans, evaluate the
borrower using an even higher initial interest rate depending on other
applicable credit and risk factors.
---------------------------------------------------------------------------
\22\ See 38 U.S.C. 3707(c).
---------------------------------------------------------------------------
For h-ARM loans subject to underwriting, VA is proposing in new
paragraph (d)(5) that they be evaluated at an interest rate not lower
than the initial interest rate. Given the delayed interest rate
adjustments, as well as the annual and maximum interest rate
adjustments for h-ARM loans, VA believes there is less immediate
concern for a Veteran's ability to repay the guaranteed loan at a
higher interest rate. Therefore, VA is not proposing to require lenders
to underwrite h-ARM loans at an interest rate that is above the initial
interest rate. As with ARM loans, VA is not requiring lenders to
underwrite h-ARM loans at the initial rate but is instead setting an
interest rate floor for evaluating the Veteran under 38 CFR 36.4340. If
desired, lenders may, when underwriting h-ARM loans, evaluate the
borrower using an initial interest rate that is higher depending on
other applicable credit and risk factors.
6. Section 36.4312(d)(6) Pre-Loan Disclosure
In redesignated paragraph (d)(6), VA proposes amendments to align
the pre-loan disclosure requirements with the CFPB's pre-loan
disclosure requirements (``Loan Estimate'').\23\ While developing this
proposed rule, VA realized that all but one of its current pre-loan
disclosure requirements under current paragraph (d)(5) are covered by
the disclosure requirements of the loan estimate. Under the CFPB
regulations at 12 CFR 1026.37, lenders are required to provide a loan
estimate to borrowers of ARM and h-ARM loans. However, the requirement
for the lender to obtain a signature from the borrower acknowledging
the receipt of the loan estimate is optional.\24\ And so, in
redesignated paragraph (6), VA is proposing to include an additional
requirement for the lenders to obtain the Veteran's signature
acknowledging the receipt of the disclosure and to retain the signed
disclosure in the loan file. VA is proposing the additional requirement
for the lender to retain the signed disclosure in the loan file to
ensure that such disclosures are available for VA's compliance and
audit purposes.\25\ In sum, VA is proposing to revise its current pre-
loan disclosure requirements to state that the lender must provide the
Veteran with disclosures in accordance with the timing, content, and
format required by the regulations implementing the Truth in Lending
Act (15 U.S.C. 1601 et seq.) at 12 CFR 1026.37(b)(6)(ii) and (j). The
lender must make a copy of this disclosure, signed by the Veteran
acknowledging the receipt of the disclosure, a part of the lender's
permanent record on the loan.
---------------------------------------------------------------------------
\23\ 12 CFR 1026.37.
\24\ 12 CFR 1026.37(n).
\25\ See 38 CFR 36.4333(c).
---------------------------------------------------------------------------
7. Section 36.4312(d)(7) Post-Closing Disclosures
To further clarify the timing and purpose of its post-loan closing
disclosure requirements in proposed redesignated paragraph (d)(7), VA
proposes to change the paragraph's heading from ``Disclosures'' to
``Post-closing disclosures.'' VA also proposes to replace the term
``borrower'' with ``veteran'' and revise the last sentence for
consistency with other paragraphs in this section.
C. Requirements for Temporary Buydown Agreements
VA is proposing to add a new paragraph (e) under Sec. 36.4312 that
would outline requirements for temporary buydown agreements. In the
proposed introductory text in paragraph (e), VA would state that
temporary buydown agreements that comply with the requirements of this
paragraph (e) may be established to temporarily reduce loan payments
for up to the first 36 monthly payments of the loan. VA's proposed
maximum period of 36 monthly payments is consistent with current
industry standards for these types of agreements. Typically, temporary
buydowns are established for one-, two-, or three-year periods.\26\
While the buydown agreement can be structured in various ways, the most
common structures are a 3-2-1 and 2-1 buydown agreement.\27\ In a 3-2-1
buydown, the loan interest rate is reduced by 3 percent in the first
year, 2 percent in the second year, and 1 percent in the third
year.\28\ Starting in year four, the loan interest rate agreed upon in
the mortgage note would be charged for the remainder of the mortgage
term.
---------------------------------------------------------------------------
\26\ Julia Kagan, Buydown: Definition, Types, Examples, and Pros
& Cons, Investopedia (May 26, 2023), available at <a href="https://www.investopedia.com/terms/b/buydown.asp">https://www.investopedia.com/terms/b/buydown.asp</a>.
\27\ Id.
\28\ Julia Kagan, 3-2-1 Buydown Mortgage: Meaning, Pros and
Cons, FAQs, Investopedia (Apr. 26, 2023), available at <a href="https://www.investopedia.com/terms/1/3-2-1_buydown.asp">https://www.investopedia.com/terms/1/3-2-1_buydown.asp</a>.
---------------------------------------------------------------------------
1. Section 36.4312(e)(1) General Terms and Conditions
In proposed paragraph (e)(1)(A), VA would prohibit lenders from
using temporary buydown agreements as a cash-advance on principal, such
as through subsidizing payments through an above market interest rate,
discount points, or a combination of discount points and above market
interest rate. In proposed paragraph (e)(1)(B), VA would clarify that
any temporary buydown funds provided by the Veteran must not be
included in the loan amount. In other words, the Veteran cannot borrow
the monies used to fund the buydown account.
2. Section 36.4312(e)(2) Documenting the Agreement
In proposed paragraph (e)(2), VA would require lenders to provide
Veterans with a clear, written explanation of the temporary buydown
agreement, including a description of the number of monthly payments
for which the assistance will run, the total payment assistance amount,
and the monthly payment schedule reflecting the amount of each monthly
buydown payment and the Veteran's monthly payment. VA would also
require a copy
[[Page 51999]]
of the buydown agreement, signed by the Veteran, to be made a part of
the lender's permanent record on the loan. This proposed requirement
would ensure the Veteran receives and acknowledges the terms and
conditions of the temporary buydown agreement. It would also make
certain such agreements are available for VA compliance and audit
purposes.\29\ VA is proposing that the lender must make a copy of the
buydown agreement, signed by the Veteran, a part of the lender's
permanent record on the loan.
---------------------------------------------------------------------------
\29\ See 38 CFR 36.4333.
---------------------------------------------------------------------------
3. Section 36.4312(e)(3) Acceptable Loan Types
In proposed paragraph (e)(3), VA would state that temporary buydown
agreements would only be permitted for fixed rate mortgage loans. This
proposed limitation is consistent with other federal housing agency
policy for these types of agreements.\30\
---------------------------------------------------------------------------
\30\ See Department of Housing and Urban Development (HUD)
Handbook 4000.1, Federal Housing Administration (FHA) Single Family
Housing Policy Handbook, 4000.1(II)(A)(8)(f)(vi), 463 (Jan. 18,
2023), <a href="https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsgh-011823.pdf">https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsgh-011823.pdf</a>.
---------------------------------------------------------------------------
4. Section 36.4312(e)(4) Interest Rate for Underwriting Purposes
VA recognizes that the purpose of a temporary buydown agreement is
to help Veterans with their monthly payments in the initial years of
the loan. To that extent, it is understood and expected that once the
term of the temporary buydown is over, the Veteran will be able to make
the monthly mortgage payments based on the interest rate of the loan.
Therefore, in proposed paragraph (e)(4), VA would require lenders to
underwrite loans with temporary buydown agreements using the interest
rate stated on the mortgage note. VA would also provide that temporary
buydown agreements may be treated as a compensating factor when
underwriting a loan pursuant to Sec. 36.4340, if there are indications
that the Veteran's income used to support the loan application will
increase to cover the yearly increases in loan payments or that the
buydown plan may be used to offset a short-term debt.
5. Section 36.4312(e)(5) Escrow Account
VA believes that it is extremely important that the temporary
buydown funds used to supplement and effectively reduce the Veteran's
monthly mortgage payment during the agreement period are securely held
by the holder in a separate escrow account and used solely for the
intended purpose of paying part of the borrower's monthly mortgage
payment. Therefore, VA is proposing, in proposed paragraph (e)(5), the
requirement that holders secure temporary buydown funds in a separate
escrow account and that such funds be used only to pay the monthly
buydown payments in accordance with the temporary buydown agreement.
In developing this rule, VA contemplated whether such an escrow
account should be held by the holder or by a third-party escrow agent.
To avoid potential delays in timely processing of monthly buydown
payments, VA decided to propose that the holders hold the escrow
accounts. However, VA is interested in receiving comments on whether
such an escrow account should be held by a third-party escrow agent,
and if so, why.
In addition to the above, in proposed paragraph (e)(5), VA would
outline how the temporary buydown funds would be treated in the event
of a loan termination or assumption during the agreement period.
Specifically, VA proposes that in situations where the loan is
terminated during the agreement period, for example due to a
foreclosure or prepayment, the funds must be credited against any
outstanding indebtedness. If a new borrower assumes the loan during the
agreement period, VA proposes that any remaining temporary buydown
funds be used as initially intended. Therefore, proposed paragraph
(e)(5) would provide that if the loan is assumed during the agreement
period, the holder must continue to pay out the monthly buydown
payments on behalf of the new borrower in accordance with the temporary
buydown agreement.
6. Section 36.4312(e)(6) Frequency and Magnitude of Buydown Payment
Changes
Consistent with current industry practice,\31\ proposed paragraph
(e)(6) would provide that any reduction in the amount of the monthly
buydown payment must be reflected in the temporary buydown agreement
and must occur only on an annual basis following the date of the first
monthly mortgage payment due date. Additionally, proposed paragraph
(e)(6) would state that no reduction will result in an increase of the
Veteran's monthly payment that corresponds to an increase of more than
1 percentage point in the interest rate of the loan.
---------------------------------------------------------------------------
\31\ Julia Kagan, Buydown: Definition, Types, Examples, and Pros
& Cons, Investopedia (May 26, 2023), available at <a href="https://www.investopedia.com/terms/b/buydown.asp">https://www.investopedia.com/terms/b/buydown.asp</a>.
---------------------------------------------------------------------------
D. Information Collection Approvals
VA also proposes to amend the Office of Management and Budget (OMB)
control numbers listed at the end of 38 CFR 36.4312. Specifically, VA
proposes to delete the current number listed, which references the
information collection requirement under CFPB's regulations pertaining
to ARM and h-ARM loans. Consistent with VA's discussion in the below
Paperwork Reduction Act section, VA proposes to list the OMB control
numbers assigned to those VA information collections approved by OMB.
The first, OMB control number 2900-0515, is an already approved
collection pertaining to lenders' and holders' recordkeeping
requirements. The second is a new information collection explained
below in further detail; as such, no control number has yet been
assigned by OMB.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). This
[[Page 52000]]
proposed rule would only impose a rule familiarization cost to lenders,
estimated at $10.04 per lender, regardless of size. As previously
noted, VA has relied on its statutory authority to guarantee ARM and h-
ARM loans and loans with temporary buydown agreements. As such, VA does
not anticipate the amendments would result in changes to lenders'
processes. Therefore, pursuant to 5 U.S.C. 605(b), the initial and
final regulatory flexibility analysis requirements of 5 U.S.C. 603 and
604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act
This proposed rule contains provisions constituting collection of
information under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3521) that do not require revision. Specifically, the
collection of information pertaining to recordkeeping requirements
under 38 CFR 36.4312 are currently approved by the Office of Management
and Budget (OMB) and have been assigned OMB control number 2900-0515.
This proposed rule also includes provisions constituting a new
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by OMB. Accordingly, under 44
U.S.C. 3507(d), VA has submitted a copy of this rulemaking action to
OMB for review and approval.
OMB assigns control numbers to collection of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. If OMB does not approve the
collection of information as requested, VA will immediately remove the
provisions containing the collection of information or take such other
action as is directed by OMB.
Comments on the new collection of information contained in this
rulemaking should be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>. Comments
should be sent within 60 days of publication of this rulemaking. The
collection of information associated with this rulemaking can be viewed
at: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
OMB is required to make a decision concerning the collection of
information contained in this rulemaking between 30 and 60 days after
publication of this rulemaking in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the provisions of this
rulemaking.
The Department considers comments by the public on new collection
of information in--
<bullet> Evaluating whether the new collections of information are
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
<bullet> Evaluating the accuracy of the Department's estimate of
the burden of the new collection of information, including the validity
of the methodology and assumptions used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The new collection of information associated with this rulemaking
contained in 38 CFR 36.4312 is described immediately following this
paragraph, under its respective title.
Title: Interest Rates 38 CFR 36.4312.
OMB Control No: 2900-XXXX (New/TBD).
CFR Provision: 38 CFR 36.4312.
<bullet> Summary of collection of information: The new collection
of information in proposed provision 38 CFR 36.4312 pertains to VA's
proposed requirements for lenders to obtain the Veteran's signature on
pre-loan disclosures for ARM and h-ARM loans. While developing this
proposed rule, VA realized that all but one of its current pre-loan
disclosure requirements are covered by the disclosure requirements of
the loan estimate. Under the CFPB regulations at 12 CFR 1026.37,
lenders are required to provide a loan estimate to borrowers of ARM and
h-ARM loans. However, the requirement for the lender to obtain a
signature from the borrower acknowledging the receipt of the loan
estimate is optional.\32\ VA is proposing to include an additional
requirement for the lenders to obtain the Veteran's signature
acknowledging the receipt of the disclosure and to retain the signed
disclosure in the loan file. The proposed changes to 38 CFR 36.4312
would also require lenders to prepare temporary buydown agreements with
certain required elements, as proposed in VA's rule, and obtain the
Veteran's signature on such agreements.
---------------------------------------------------------------------------
\32\ 12 CFR 1026.37(n).
---------------------------------------------------------------------------
<bullet> Description of need for information and proposed use of
information: The rule would require lenders to provide Veterans with a
clear, written explanation of ARM and h-ARM loan terms and temporary
buydown agreements. VA is requiring the signature on the pre-disclosure
statement to help ensure that Veteran borrowers are adequately informed
of pre-loan disclosures in the loan closing process (as covered under
the Truth in Lending Act (15 U.S.C. 1601 et seq.) at 12 CFR
1026.37(b)(ii) and (j)). These agreements will be available for VA's
compliance and audit purposes.
<bullet> Description of likely respondents: Veterans obtaining ARM
or h-ARM loans or loans with temporary buydown agreements and lenders
offering such loans.
<bullet> Estimated number of respondents:
Temporary Buydown Agreements--500 loans per year
ARM and h-ARM loans--4,888 loans each year
<bullet> Estimated frequency of responses: One time per loan.
<bullet> Estimated average burden per response:
Temporary Buydown Agreements--10 minutes per lender to prepare
temporary buydown agreement; 5 minutes per Veteran to understand and
sign agreement
ARM and h-ARM loans--5 minutes per veteran to understand and sign pre-
disclosure form
<bullet> Estimated total annual reporting and recordkeeping burden:
By multiplying the annual number of respondents and the burden per
response, VA estimates a total burden of 450 hours per year for
Veterans and 84 hours per year for lenders.
<bullet> Estimated cost to respondents per year: VA estimates the
total information collection burden cost to be $17,578 per year (84
hours x $40.62 + 450 hours x $31.48 per hour).
* To estimate the total information collection burden cost for
Veterans, VA used the U.S. Bureau of Labor Statistics (BLS) mean hourly
wage for hourly
[[Page 52001]]
wage for ``all occupations'' of $31.48 per hour.\33\ The mean hourly
wage of lenders is $40.62 based on BLS wage code--``13-2072 Loan
Officers.'' \34\
---------------------------------------------------------------------------
\33\ U.S. BLS, Occupational Employment and Wage Statistics, May
2023 National Occupational Employment and Wage Estimates United
States, available at <a href="https://www.bls.gov/oes/current/oes_nat.htm#13-0000">https://www.bls.gov/oes/current/oes_nat.htm#13-0000</a>.
\34\ U.S. BLS, Occupational Employment and Wage Statistics,
Occupational Employment and Wages, May 2023, available at <a href="https://www.bls.gov/oes/current/oes132072.htm">https://www.bls.gov/oes/current/oes132072.htm</a>.
---------------------------------------------------------------------------
List of Subjects in 38 CFR Part 36
Condominiums, Housing, Individuals with disabilities, Loan
programs--housing and community development, Loan programs--Veterans,
Manufactured homes, Mortgage insurance, Reporting and recordkeeping
requirements, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on June 13, 2024, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 36 as set forth below:
PART 36--LOAN GUARANTY
0
1. The authority citation for part 36 continues to read as follows:
Authority: 38 U.S.C. 501 and 3720.
Subpart B--Guaranty or Insurance of Loans to Veterans With
Electronic Reporting
0
2. Amend Sec. 36.4301 by adding definitions of Adjustable rate
mortgage loan and Hybrid adjustable rate mortgage loan in alphabetical
order to read as follows:
Sec. 36.4301 Definitions.
* * * * *
Adjustable rate mortgage loan. A loan for the purpose of acquiring,
constructing, or refinancing a single-family dwelling unit with an
interest rate that may change on an annual basis.
* * * * *
Hybrid adjustable rate mortgage loan. A loan for the purpose of
acquiring, constructing, or refinancing a single-family dwelling unit
with an interest rate that is fixed for a period of time, after which
the interest rate may change on an annual basis.
* * * * *
Sec. 36.4306 [Amended]
0
3. Amend Sec. 36.4306 by:
0
a. In paragraph (a)(3)(i)(H), adding ``loan or a hybrid adjustable rate
mortgage loan'' after ``adjustable rate mortgage''; and
0
b. In paragraph (b)(4), adding ``or hybrid adjustable rate'' after
``adjustable rate''.
Sec. 36.4307 [Amended]
0
4. Amend Sec. 36.4307(a)(3) by adding ``loan or a VA-guaranteed hybrid
adjustable rate mortgage loan'' after ``adjustable rate mortgage''.
0
5. Amend Sec. 36.4312 by:
0
a. Revising the last sentence in paragraph (a);
0
b. Adding paragraph headings to paragraphs (a), (b), and (c);
0
c. Removing the authority citations immediately following paragraphs
(a), (b), and (c);
0
d. Revising paragraph (d);
0
e. Adding paragraph (e);
0
f. Revising the OMB citation at the end of the section; and
0
g. Revising the authority citation at the end of the section. The
revisions and additions read as follows:
Sec. 36.4312 Interest rates.
(a) General.* * * This paragraph does not apply in the case of an
adjustable rate mortgage loan or hybrid adjustable rate mortgage loan
being refinanced under 38 U.S.C. 3710(a)(8), (a)(9)(B)(i), or (a)(11)
with a fixed rate loan.
(b) Discount points.* * *
(c) Excess interest charges.* * *
(d) Adjustable rate mortgage loans and hybrid adjustable rate
mortgage loans. Adjustable rate mortgage loans and hybrid adjustable
rate mortgage loans must comply with the requirements of this paragraph
(d) to be eligible for guaranty.
(1) Interest rate index. Changes in the interest rate charged on an
adjustable rate mortgage must correspond to changes in the weekly
average yield on 1 year (52 weeks) Treasury bills adjusted to a
constant maturity. The weekly average 1 year constant maturity Treasury
bill yields are published by the Federal Reserve Board of the Federal
Reserve System.
(2) Frequency of interest rate changes. (i) For adjustable rate
mortgage loans, any interest rate adjustments must occur on an annual
basis starting from the date of the veteran's first scheduled monthly
mortgage payment due date.
(ii) For hybrid adjustable rate mortgage loans, the first
adjustment must not occur sooner than 36 months from the date of the
veteran's first scheduled monthly mortgage payment due date.
Thereafter, any interest rate adjustments must occur on an annual
basis.
(iii) The adjusted rate will become effective the first day of the
month following the rate adjustment date. The first monthly mortgage
payment at the new rate will be due on the first day of the following
month.
(iv) To set the new interest rate, the lender will determine the
change between the initial (i.e., base) index figure and the current
index figure. The lender must use as the initial index figure the most
recent figure available before the date of the note. For loans where
the date of the note is before January 10, 2015, the lender must use as
the current index figure the most recent index figure available 30 days
before the date of each interest rate adjustment. For loans where the
date of the note is on or after January 10, 2015, the lender must use
as the current index figure the most recent index figure available 45
days before the date of each interest rate adjustment.
(3) Method of rate changes. Interest rate changes may only be
implemented through adjustments to the veteran's scheduled monthly
payment amount.
(4) Initial rate and magnitude of changes. The lender and the
veteran must agree upon the initial interest rate. Future adjustments
in the interest rate must be based upon changes in the interest rate
index, subject to the following conditions and limitations:
(i) For adjustable rate mortgage loans, no single annual adjustment
to the interest rate will result in a change in either direction of
more than 1 percentage point from the interest rate in effect for the
period immediately preceding that adjustment. Index rate changes in
excess of 1 percentage point will not be carried over for inclusion in
an adjustment in a subsequent year. Adjustments to the interest rate
over the entire term of the loan is limited to a maximum increase of 5
percentage points from the initial interest rate.
(ii) For hybrid adjustable rate mortgage loans that have an initial
interest rate fixed for less than 5 years, no single annual adjustment
to the interest rate will result in a change in either direction of
more than 1 percentage point from the interest rate in effect for the
period immediately preceding that adjustment. Index rate changes in
excess of 1 percentage point will not be carried over for inclusion in
an adjustment in a subsequent year.
[[Page 52002]]
Adjustments to the interest rate over the entire term of the loan is
limited to a maximum increase of 5 percentage points from the initial
interest rate.
(iii) For hybrid adjustable rate mortgage loans that have an
initial interest rate fixed for 5 or more years, no single annual
adjustment to the interest rate will result in a change in either
direction of more than 2 percentage points from the interest rate in
effect for the period immediately preceding that adjustment. Index rate
changes in excess of 2 percentage points will not be carried over for
inclusion in an adjustment in a subsequent year. Adjustments to the
interest rate over the entire term of the loan is limited to a maximum
increase of 6 percentage points from the initial interest rate.
(iv) At each interest rate adjustment date, changes in the interest
rate index, whether increases or decreases, must be translated into the
adjusted mortgage interest rate, rounded to the nearest one-eighth of
one percent, up or down. For example, if the margin is 2 percent and
the new index figure is 6.06 percent, the adjusted mortgage interest
rate will be 8 percent. If the margin is 2 percent and the new index
figure is 6.07 percent, the adjusted mortgage interest rate will be
8\1/8\ percent.
(5) Interest rate for underwriting purposes. In cases where a
lender must evaluate a veteran's loan application pursuant to the
underwriting standards at Sec. 36.4340, for adjustable rate mortgage
loans, lenders must use an interest rate not lower than 1 percentage
point above the initial interest rate. For hybrid adjustable rate
mortgage loans, lenders must use an interest rate not lower than the
initial interest rate. When underwriting adjustable rate mortgage loans
and hybrid adjustable rate mortgage loans, lenders may adjust the
initial interest rate higher for other applicable credit and risk
factors.
(6) Pre-loan disclosure. The lender must provide the veteran with
disclosures in accordance with the timing, content, and format required
by the regulations implementing the Truth in Lending Act (15 U.S.C.
1601 et seq.) at 12 CFR 1026.37(b)(6)(ii) and (j). The lender must make
a copy of this disclosure, signed by the veteran acknowledging the
receipt of the disclosure, a part of the lender's permanent record on
the loan.
(7) Post-closing disclosures. The lender must provide the veteran
with disclosures in accordance with the timing, content, and format
required by the regulations implementing the Truth in Lending Act (15
U.S.C. 1601 et seq.) at 12 CFR 1026.20(c) and (d). The lender must make
a copy of these disclosures a part of the lender's permanent record on
the loan.
(e) Temporary buydowns. Temporary buydown agreements that comply
with the requirements of this paragraph (e) may be established to
temporarily reduce loan payments for up to the first 36 monthly
payments of the loan.
(1) General terms and conditions. (A) Lenders are prohibited from
using temporary buydown agreements as a cash-advance on principal, such
as through subsidizing payments through an above market interest rate,
discount points, or a combination of discount points and above market
interest rate.
(B) Any temporary buydown funds provided by the veteran must not be
included in the loan amount.
(2) Documenting the agreement. Lenders must provide veterans with a
clear, written explanation of the temporary buydown agreement,
including a description of the number of monthly payments for which the
assistance will run, the total payment assistance amount, and the
monthly payment schedule reflecting the amount of each monthly buydown
payment and the veteran's monthly payment. The lender must make a copy
of the buydown agreement, signed by the veteran, a part of the lender's
permanent record on the loan.
(3) Acceptable loan types. Temporary buydown agreements are only
permitted for fixed rate mortgage loans.
(4) Interest rate for underwriting purposes. Lenders must
underwrite the loan at the interest rate stated on the mortgage note.
Temporary buydown agreements may be treated as a compensating factor
when underwriting a loan pursuant to Sec. 36.4340, if there are
indications that the veteran's income used to support the loan
application will increase to cover the yearly increases in loan
payments or that the buydown plan may be used to offset a short-term
debt.
(5) Escrow account. Holders must secure temporary buydown funds in
a separate escrow account. Such funds must be used only to pay the
monthly buydown payments in accordance with the temporary buydown
agreement. If the loan is terminated during the agreement period, for
example due to a foreclosure or prepayment, the funds must be credited
against any outstanding indebtedness. If the loan is assumed during the
agreement period, the holder must continue to pay out the monthly
buydown payments on behalf of the new borrower in accordance with the
temporary buydown agreement.
(6) Frequency and magnitude of buydown payment changes. Any
reduction in the amount of the monthly buydown payment must be
reflected in the temporary buydown agreement and will occur only on an
annual basis following the date of the first monthly mortgage payment
due date. No reduction will result in an increase of the veteran's
monthly payment that corresponds to an increase of more than 1
percentage point in the interest rate of the loan.
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
0515 and XXXX-XXXX)
(Authority: 38 U.S.C. 3703(c), 3707, 3707A, 3710(g), and 3720)
Sec. 36.4340 [Amended]
0
6. Amend Sec. 36.4340(b)(2)(iv) by adding ``or hybrid adjustable
rate'' after ``adjustable rate''.
[FR Doc. 2024-13389 Filed 6-20-24; 8:45 am]
BILLING CODE 8320-01-P
</pre></body>
</html>Indexed from Federal Register on June 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.