38 C.F.R. § 36.4341

Death or insolvency of holder

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(a) Immediately upon the death of the holder and without the necessity of request or other action by the debtor or the Secretary, all sums then standing as a credit balance in a trust, or deposit, or other account to cover taxes, insurance accruals, or other items in connection with the loan secured by the encumbered property, whether stated to be such or otherwise designated, and which have not been credited on the note shall, nevertheless, be treated as a setoff and shall be deemed to have been credited thereon as of the date of the last debit to such account, so that the unpaid balance of the note as of that date will be reduced by the amount of such credit balance: Provided, that any unpaid taxes, insurance premiums, ground rents, or advances may be paid by the holder of the indebtedness, at the holder's option, and the amount which otherwise would have been deemed to have been credited on the note reduced accordingly. This paragraph shall be applicable whether the estate of the deceased holder is solvent or insolvent.

(b) The provisions of paragraph (a) of this section shall also be applicable in the event of:

(1) Insolvency of holder;

(2) Initiation of any bankruptcy or reorganization, or liquidation proceedings as to the holder, whether voluntary or involuntary;

(3) Appointment of a general or ancillary receiver for the holder's property; or in any case; or

(4) Upon the written request of the debtor if all secured and due insurance premiums, taxes, and ground rents have been paid, and appropriate provisions made for future accruals.

(c) Upon the occurrence of any of the events enumerated in paragraph (a) or (b) of this section, interest on the note and on the credit balance of the deposits mentioned in paragraph (a) shall be set off against each other at the rate payable on the principal of the note, as of the date of last debit to the deposit account. Any excess credit of interest shall be treated as a set-off against the unpaid advances, if any, and the unpaid balance of the note.

(d) The provisions of paragraphs (a), (b) and (c) of this section shall apply also to corporations. The dissolution thereof by expiration of charter, by forfeiture, or otherwise shall be treated as is the death of an individual as provided in paragraph (a) of this section.

(Authority 38 U.S.C. 3703(c)(1), 3720)

Notes of Decisions

Cited in 2 cases, 1977–1977 · leading case: Hartnett v. Cleland, 434 F. Supp. 18 (D.S.C. 1977).

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Hartnett v. Cleland, 434 F. Supp. 18 (D.S.C. 1977). · cites it 4× “The regulation governing the suspension or removal of designated fee appraisers by the Veterans Administration is found at 38 C.F.R. § 36.4341 . This regulation, duly promulgated in 1975 by the Veterans Administration under its rule making power as a bureaucracy, provides, inter…”

Onweiler v. United States, 432 F. Supp. 1226 (D. Idaho 1977). “Defendants assert that the circular is an interpretation of 38 CFR § 36.4341 . Although interpretive regulations may be issued without following rule-making procedures, 5 U.”

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