38 C.F.R. § 36.4311

Prepayment

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The debtor shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100, whichever is less. Any prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such prepayment, whichever is earlier. The holder and the debtor may agree at any time that any prepayment not previously applied in satisfaction of matured installments shall be reapplied for the purpose of curing or preventing any subsequent default.

(Authority: 38 U.S.C. 3703(d))

Notes of Decisions

Cited in 6 cases, 1982–1995 · leading case: Zalewski v. Simpson, 435 N.E.2d 74 (Ind. Ct. App. 1982).

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Zalewski v. Simpson, 435 N.E.2d 74 (Ind. Ct. App. 1982). “38 C.F.R. § 36.4311 .(1979 Revision). 2 .”

Jones v. Turnage, 699 F. Supp. 795 (N.D. Cal. 1988). “§ 1803(c); 38 C.F.R. § 36.4311 (1987). The VA regulations also limit the closing costs, charges, and fees assessed veterans.”

Moore v. Lomas Mortg. USA, 796 F. Supp. 300 (N.D. Ill. 1992). “38 C.F.R. § 36.4311 (d) (1990). Section 36:4311(d) was promulgated under 38 U.”

Grant v. United States Dep't of Vets.' Affairs, 827 F. Supp. 418 (S.D. Tex. 1993). “§ 1803 (c); 38 C.F.R. §§ 36.4311 -.4312. The VA’s guaranty obligates it to reimburse the lender, up to a certain amount, upon default on the loan.”

United States v. Davis, 961 F.2d 603 (7th Cir. 1992). “§ 1803 (c); 38 C.F.R. § 36.4311 , as well as limits on closing costs, loan origination, escrow and other fees, see 38 C.”

Baker v. Am.'s Mortg. Servicing, Inc., 58 F.3d 321 (7th Cir. 1995). “” The language of the late charge provision in Baker’s mortgage contract tracks *327 that used in 38 C.F.R. § 36.4311 (d), which provides: Interest in excess of the rate reported by the lender when requesting evidence of guaranty or insurance shall not be payable on any advance,…”

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