38 U.S.C. § 1816
Regulations
The Secretary shall prescribe regulations for purposes of the administration of this subchapter.
Notes of Decisions
Cited in 23
cases, 1970–1998 · leading case: Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982).
Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982). “The district court further held that the VA’s failure to refund to the lender the unpaid balance of the Ranks’ loan and receive an assignment of the loan, as authorized by 38 U.S.C. § 1816 (a), constituted an abuse of discretion and that the VA had illegally failed to exercise…”
New York Guardian Mortgagee Corp. v. Cleland, 473 F. Supp. 422 (S.D.N.Y. 1979). “The VA is required by statute to pay the “holder” of the guaranteed obligation, 38 U.S.C. § 1816 (a), and the VA asserts that its consistent administrative practice in connection with claims made on guaranteed mortgages backing issues of GNMA securities is to treat the GNMA…”
Gatter v. Cleland, 512 F. Supp. 207 (E.D. Pa. 1981). “, before suit on or foreclosure of a delinquent loan may occur, the lender must notify the VA of default, 38 U.S.C. § 1816 (a) and the VA may within 30 days exercise its option to take an assignment of the mortgage to relieve the private lender of his risk of loss.”
Fitzgerald v. Cleland, 498 F. Supp. 341 (D. Me. 1980). “38 U.S.C. § 1816 (a); 38 C.F.R. § 36.4318 .”
United States v. Whitney, 602 F. Supp. 722 (W.D.N.Y. 1985). “This conclusion is independently compelled by both the New York Real Property Actions and Proceedings law and by the United States Constitution. Consequently, the Veterans’ Administration cannot seek recovery of the deficiency from the veteran on a theory of subrogation, since…”
John Fitzgerald v. Max Cleland, 650 F.2d 360 (1st Cir. 1981). “, (See 38 U.S.C. § 1816 , 38 C.F.R. § 36.4320 (b)).”
Gatter v. Cleland, 87 F.R.D. 66 (E.D. Pa. 1980). “38 U.S.C. § 1816 (a). Within thirty days after the notice the VA *68 may, at its option, take an assignment of the mortgage and relieve the private lender of his risk of loss.”
United States v. Vallejo, 660 F. Supp. 535 (W.D. Wash. 1987). “Under 38 U.S.C. § 1816 (a)(1) the holder of a veteran’s promissory note is required to notify the VA in the event of default.”
Schaper v. Derwinski, 1 Vet. App. 430 (Vet. App. 1991). “§ 1832 (a)(1) (1988), formerly 38 U.S.C. § 1816 (1982). *433 According to VA regulations, when an account is 60 days past due, the holder is required to notify the Secretary within 45 days.”
Matzke v. Block, 564 F. Supp. 1157 (D. Kan. 1983). “The assignment-refunding section of the VA Act, 38 U.S.C. § 1816 (a) provides in pertinent part: Before suit or foreclosure the holder of the obligation shall notify the Administrator of the default, and within thirty days thereafter the Administrator may, at the Administrator’s…”
Garrett v. United States, 15 Cl. Ct. 204 (Ct. Cl. 1988). “Indeed, 38 U.S.C. § 1816 (d)(1) provides in full: Of the number of purchases made during any fiscal year of real property acquired by the Administrator as the result of a default on a loan guaranteed under this chapter for a purpose described in section 1810(a) of this title,…”
Rank v. Cleland, 460 F. Supp. 920 (C.D. Cal. 1978). “Under 38 U.S.C. § 1816 (a), when a veteran borrower is in default on his VA guaranteed home loan, the VA may refund to the lender the unpaid balance of the obligation and receive an assignment of the loan and security.”
— 38 U.S.C. § 1816(a) — 1 case
Gatter v. Cleland, 87 F.R.D. 66 (E.D. Pa. 1980). “38 U.S.C. § 1816 (a). Within thirty days after the notice the VA *68 may, at its option, take an assignment of the mortgage and relieve the private lender of his risk of loss.”
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