§ 3709. Refinancing of housing loans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   Economic Growth, Regulatory Relief, and Consumer Protection Act

   Pub. L. 115–174 title III § 309(a)(1) · 132 Stat. 1296

   Enacted · 38 U.S.C. § 3709

   Added Pub. L. 115–174, title III, § 309(a)(1), May 24, 2018, 132 Stat. 1348

   Source evidence

   Code source credit
   Added Pub. L. 115–174, title III, § 309(a)(1), May 24, 2018, 132 Stat. 1348

   Enacted provision · exact public law section
   (1) In general.— Subchapter I of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: “§ 3709. Refinancing of housing loans “(a) Fee Recoupment.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is being refinanced may not be guaranteed or insured under this chapter unless— “(1) the issuer of the refinanced loan provides the Secretary with a certification of the recoupment period for fees, closing costs, and any expenses (other than taxes, amounts held in escrow, and fees paid under this chapter) that would be incurred by the borrower in the refinancing of the loan; “(2) all of the fees and incurred costs are scheduled to be recouped on or before the date that is 36 months after the date of loan issuance; and “(3) the recoupment is calculated through lower regular monthly payments (other than taxes, amounts held in escrow, and fees paid under this chapter) as a result of the refinanced loan. “(b) Net Tangible Benefit Test.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is refinanced may not be guaranteed or insured under this chapter unless— “(1) the issuer of the refinanced loan provides the borrower with a net tangible benefit test; “(2) in a case in which the original loan had a fixed rate mortgage interest rate and the refinanced loan will have a fixed rate mortgage interest rate, the refinanced loan has a mortgage interest rate that is not less than 50 basis points less than the previous loan; “(3) in a case in which the original loan had a fixed rate mortgage interest rate and the refinanced loan will have an adjustable rate mortgage interest rate, the refinanced loan has a mortgage interest rate that is not less than 200 basis points less than the previous loan; and “(4) the lower interest rate is not produced solely from discount points, unless— “(A) such points are paid at closing; and “(B) such points are not added to the principal loan amount, unless— “(i) for discount point amounts that are less than or equal to one discount point, the resulting loan balance after any fees and expenses allows the property with respect to which the loan was issued to maintain a loan to value ratio of 100 percent or less; and “(ii) for discount point amounts that are greater than one discount point, the resulting loan balance after any fees and expenses allows the property with respect to which the loan was issued to maintain a loan to value ratio of 90 percent or less. “(c) Loan Seasoning.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is refinanced may not be guaranteed or insured under this chapter until the date that is the later of— “(1) the date that is 210 days after the date on which the first monthly payment is made on the loan; and “(2) the date on which the sixth monthly payment is made on the loan. “(d) Cash-out Refinances.— (1) Subsections (a) through (c) shall not apply in a case of a loan refinancing in which the amount of the principal for the new loan to be guaranteed or insured under this chapter is larger than the payoff amount of the refinanced loan. “(2) Not later than 180 days after the date of the enactment of this section, the Secretary shall promulgate such rules as the Secretary considers appropriate with respect to refinancing described in paragraph (1) to ensure that such refinancing is in the financial interest of the borrower, including rules relating to recoupment, seasoning, and net tangible benefits.” .

2. 2019

   Protecting Affordable Mortgages for Veterans Act of 2019

   Pub. L. 116–33 § 2(b) · 133 Stat. 1038

   1. Substituted · 38 U.S.C. § 3709(c)

      Pub. L. 116–33 substituted “is a refinance” for “is refinanced” in introductory provisions

   2. Added · 38 U.S.C. § 3709(c)

      Pub. L. 116–33 added pars. (1) and (2)

   3. Struck · 38 U.S.C. § 3709(c)

      Pub. L. 116–33 struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–33 substituted “is a refinance” for “is refinanced” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:

   “(1) the date that is 210 days after the date on which the first monthly payment is made on the loan; and “(2) the date on which the sixth monthly payment is made on the loan.”

   Enacted provision · exact public law section
   (b) Veterans Loans.— Section 3709(c) of title 38, United States Code, is amended— (1) in the matter before paragraph (1), by striking “is refinanced” and inserting “is a refinance”; and (2) by striking paragraphs (1) and (2) and inserting the following new paragraphs: “(1) the date on which the borrower has made at least six consecutive monthly payments on the loan being refinanced; and “(2) the date that is 210 days after the first payment due date of the loan being refinanced.” .

4 of 4 references resolved to an enrolled provision