U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 37— HOUSING AND SMALL BUSINESS LOANS › Subchapter SUBCHAPTER III— ADMINISTRATIVE PROVISIONS

38 U.S.C. § 3721

Incontestability

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Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation. The Secretary shall not, by reason of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1998–2021 · leading case: Victor E. Bibby v. Mortg. Investors Corp., 987 F.3d 1340 (11th Cir. 2021).
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Victor E. Bibby v. Mortg. Investors Corp., 987 F.3d 1340 (11th Cir. 2021). · cites it 2× “See 38 U.S.C. § 3721 (the Incontestability Statute) (“Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or…”
Burkhart v. Wilkie, 971 F.3d 1363 (Fed. Cir. 2020). · cites it 4× “§ 1151 is also thereby entitled to ancillary home loan guaranty benefits under title 38, chapter 37”; (2) “whether 38 U.S.C. § 3721 . . . bars VA from contesting a surviving spouse’s eligibility once the Agency has issued a COE before a loan is issued”; and (3) “whether the…”
Victor E. Bibby v. Mortg. Investors Corp., 985 F.3d 825 (11th Cir. 2021). · cites it 2× “See 38 U.S.C. § 3721 (the Incontestability Statute) (“Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or…”
United States v. Neder, 136 F.3d 1459 (11th Cir. 1998). “§ 1494 ; 38 U.S.C. § 3721 ; 39 U.S.C. § 3005 (d); 42 U.”
Sally A. Burkhart v. Robert L. Wilkie (Vet. App. 2019). · cites it 7× “Second, we consider whether 38 U.S.C. § 3721 (which we will call the "incontestability provision") bars VA from contesting a surviving spouse's eligibility once the Agency has issued a COE before a loan is issued.”
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