ARTICLE
13 July 2021

VA Addresses Options For Borrowers Facing Hardship Due To COVID-19

BS
Ballard Spahr LLP

Contributor

Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals. Our culture is defined by an entrepreneurial spirit, collaborative environment, and top-down focus on service, efficiency, and results.
The U.S. Department of Veterans Affairs (VA) on June 3 updated guidance regarding home retention options and alternatives to foreclosure for borrowers experiencing financial hardships due to COVID-19.
United States Coronavirus (COVID-19)

The U.S. Department of Veterans Affairs (VA) on June 3 updated guidance regarding home retention options and alternatives to foreclosure for borrowers experiencing financial hardships due to COVID-19. The VA previously provided guidance in Loan Guaranty Circular 26-21-07. In the update, the VA advises servicers that they should consider all home retention options and alternatives to foreclosure for such borrowers, and reminds servicers that Chapter 5 of the VA Servicer Handbook addresses available options and alternatives. The VA notes two types of loan modifications expressly allow for a servicer to expedite processing for a borrower affected by a disaster—the VA Disaster Modification and the Disaster Extend Modification.

The VA clarifies that without VA preapproval a servicer can enter into a VA Disaster Modification if the modification is made no later than 18 months after the date on which the COVID-19 national emergency ends. The VA also advises that a servicer can offer a VA Disaster Modification regardless of whether the borrower has entered into a COVID-19 forbearance plan and regardless of whether the COVID-19 national emergency caused the borrower's default.

With regard to Disaster Extend Modifications, the VA advises that it is allowing such modifications to extend the loan's original maturity date for 18 months, instead of the standard 12 months, in cases in which the loan is modified no later than 18 months after the date on which the COVID-19 national emergency ends. The VA also advises that a servicer can offer a Disaster Extend Modification regardless of whether the borrower has entered into a COVID-19 forbearance plan and regardless of whether the COVID-19 national emergency caused the borrower's default.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More