38 U.S.C. § 3729 - Loan fee
38 USC 3729 - Loan fee
(a) Requirement of Fee.—
(1) Except as provided in subsection (c), a fee shall be collected from each person obtaining a housing loan guaranteed, insured, or made under this chapter, and each person assuming a loan to which section 3714 of this title applies. No such loan may be guaranteed, insured, made, or assumed until the fee payable under this section has been remitted to the Secretary.
(2) The fee may be included in the loan and paid from the proceeds thereof.
(b) Determination of Fee.—
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(1) The amount of the fee shall be determined from the loan fee table in paragraph (2). The fee is expressed as a percentage of the total amount of the loan guaranteed, insured, or made, or, in the case of a loan assumption, the unpaid principal balance of the loan on the date of the transfer of the property.
(2) The loan fee table referred to in paragraph (1) is as follows:
(3) Any reference to a section in the Type of loan column in the loan fee table in paragraph (2) refers to a section of this title.
(4) For the purposes of paragraph (2):
(A) The term active duty veteran means any veteran eligible for the benefits of this chapter other than a Reservist.
(B) The term Reservist means a veteran described in section 3701 (b)(5)(A) of this title who is eligible under section 3702 (a)(2)(E) of this title.
(C) The term other obligor means a person who is not a veteran, as defined in section 101 of this title or other provision of this chapter.
(D) The term initial loan means a loan to a veteran guaranteed under section 3710 or made under section 3711 of this title if the veteran has never obtained a loan guaranteed under section 3710 or made under section 3711 of this title.
(E) The term subsequent loan means a loan to a veteran, other than an interest rate reduction refinancing loan, guaranteed under section 3710 or made under section 3711 of this title if the veteran has previously obtained a loan guaranteed under section 3710 or made under section 3711 of this title.
(F) The term interest rate reduction refinancing loan means a loan described in section 3710 (a)(8), 3710 (a)(9)(B)(i), 3710 (a)(11), 3712 (a)(1)(F), or 3762 (h) of this title.
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(G) The term 0-down means a downpayment, if any, of less than 5 percent of the total purchase price or construction cost of the dwelling.
(H) The term 5-down means a downpayment of at least 5 percent or more, but less than 10 percent, of the total purchase price or construction cost of the dwelling.
(I) The term 10-down means a downpayment of 10 percent or more of the total purchase price or construction cost of the dwelling.
(c) Waiver of Fee.—
(1) A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for the receipt of retirement pay, would be entitled to receive compensation) or from a surviving spouse of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability.
(2) A veteran who is rated eligible to receive compensation as a result of a pre-discharge disability examination and rating shall be treated as receiving compensation for purposes of this subsection as of the date on which the veteran is rated eligible to receive compensation as a result of the pre-discharge disability examination and rating without regard to whether an effective date of the award of compensation is established as of that date.