,i #aaith ,,congress #ast ,session ,h4 ,r4 #ahae ,,in ,,the ,,house ,,of ,,representatives ,march #c1 #bjbe,mr4 ,van ,orden introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to authorize the ,secretary of ,veterans ,affairs to take certain actions in the case of a default on a home loan guaranteed by the ,secretary1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,va ,home ,loan ,program ,reform ,act4 #b4 ,authority of the ,secretary of ,veterans ,affairs to take certain actions in the case of a default on a home loan guaranteed by the ,secretary 7a7 ,in general ,section #cgcb of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking obligation each place it appears and inserting loan2 7,b7 in paragraph 7#b7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,the ,secretary may1 under terms and conditions as determined by the ,secretary-- 7i7 pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan2 7ii7 require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the ,secretary obtains a secured interest in the property covered by the loan2 and 7iii7 require the holder of the loan to take any actions necessary to carry out this paragraph1 including preparing1 executing1 transmitting1 receiving1 and recording documents1 and requiring the holder of the loan to place the loan in forbearance4 2 7ii7 in subparagraph 7,b71 by striking obligation each place it appears and inserting housing loan2 and 7iii7 by adding at the end the following new subparagraphs3 7,c7 7i7 ,any decision by the ,secretary under this paragraph is final and is not subject to judicial review4 7ii7 ,for purposes of section #eaa of this title1 any decision under this paragraph shall not be treated as a decision under a law that affects the provision of benefits4 7,d7 7i7 ,the ,secretary may establish standards for processing payments under this paragraph based on a certification by a holder of a loan guaranteed under this chapter that the holder has complied with all applicable requirements established by the ,secretary4 7ii7 ,the ,secretary shall carry out1 on a random-sampling basis1 post-payment audits to ensure compliance with all requirements described in clause 7i74 2 and 7,c7 in paragraph 7#e71 by striking obligation and inserting loan2 7#b7 in subsection 7c77#aj77;,b77i71 by striking forebearance each place it appears and inserting forbearance2 and 7#c7 by adding at the end the following new subsection3 7d7 ,the ,secretary shall prescribe loss mitigation procedures1 including a mandatory sequence in which the holder of a loan guaranteed under this chapter shall offer loss mitigation options 7including an option to enter into a partial claim agreement under the ,,va ,home ,loan ,program ,reform ,act7 to a veteran1 to help prevent the foreclosure of such loan4 ,the ,secretary may not purchase an entire such loan until the veteran has completed such sequence4 4 7b7 ,relationship to other powers of ,secretary ,section #cgbj of such title is amended-- 7#a7 in subsection 7a71 by striking ,notwithstanding and inserting ,except as provided in subsection 7h71 notwithstanding2 7#b7 by redesignating subsections 7f7 through 7h7 as subsections 7e7 through 7g71 respectively2 and 7#c7 by adding at the end the following new subsection 7h73 7h7 ,the ,secretary may not take any action under paragraph 7#b717c717d71 or 7#e7 of subsection 7a7 with respect to a loan guaranteed under this chapter before the completion of the sequence of mitigation options offered to the veteran to whom the loan is made under section #cgcb7;d7 of this title4 4 #c4 ,partial ,claim ,program of the ,department of ,veterans ,affairs 7a7 ,establishment ,the ,secretary of ,veterans ,affairs shall carry out a program1 to be known as the ,partial ,claim ,program1 under which the ,secretary may make a partial claim1 described in subsection 7b71 with respect to a loan-- 7#a7 guaranteed under chapter #cg of title #ch1 ,united ,states ,code2 7#b7 regarding the primary residence of the borrower2 and 7#c7 that the ,secretary determines is in default or at imminent risk of default4 7b7 ,partial claim described ,a partial claim described in this subsection is the purchase by the ,secretary of a portion of indebtedness under the guaranteed loan1 under which-- 7#a7 the borrower of the guaranteed loan enters into an agreement under subsection 7c72 7#b7 the ,secretary pays the holder of the guaranteed loan the amount of indebtedness1 subject to subsection 7d71 that the ,secretary determines necessary to help prevent or resolve a default2 and 7#c7 the ,secretary receives a secured interest in the property1 subordinate to the first lien guaranteed loan1 serving as collateral for the guaranteed loan4 7c7 ,agreement between borrower and ,secretary ,an agreement under this subsection is an agreement by the borrower of the guaranteed loan to repay the ,secretary the amount determined under subsection 7b77#b7 at the end of the period of such guaranteed loan1 subject to the following annual interest3 7#a7 ,if the borrower agrees to make monthly payments beginning not later than three years after the date on which the ,secretary makes the payment under subsection 7b77#b71 #j percent4 7#b7 ,if the borrower does not agree to a repayment plan under paragraph 7#a71 or fails to comply with such a repayment plan1 #j4e percent4 7d7 ,administration of partial claim 7#a7 ,amount of claim ,the amount of a partial claim under this section with respect to a loan guaranteed under such chapter may not exceed #bj percent of the unpaid principal balance of the guaranteed loan on the date on which the partial claim is made4 7#b7 ,one partial claim per loan ,the ,secretary may make only one partial claim per loan4 7#c7 ,not an advance ,the ,secretary may not structure a partial claim as an advance on a new loan guaranteed under such chapter4 7#d7 ,application of claim ,a holder of a loan guaranteed under such chapter who receives a partial claim under this section with respect to such loan shall apply the payment first to arrearages1 if any1 on the guaranteed loan1 which may include any additional costs 7such as taxes1 insurance premiums1 or homeowner's dues7 the ,secretary determines necessary to prevent or resolve a default4 7#e7 ,authority to contract ,the ,secretary may enter into a contract with an entity for service of a partial claim under this section4 ,such entity shall provide quarterly statements to the borrower4 7e7 ,requirements of loan holder 7#a7 ,establishment of claim ,the ,secretary may require the holder of a loan1 regarding which the ,secretary makes a partial claim under this section1 to take any actions necessary to establish the partial claim1 including preparing1 executing1 transmitting1 receiving1 and recording loan documents4 7#b7 ,compensation of holder ,the ,secretary shall compensate the holder of such a loan appropriately1 as determined by the ,secretary1 for the services required of such holder under this subsection4 7#c7 ,exercise of powers ,the ,secretary may exercise the authority of the ,secretary under this subsection without regard to any other provision of law not enacted expressly in limitation of this section that would otherwise govern the expenditure of public funds4 7f7 ,default and foreclosure 7#a7 ,default 7,a7 ,in general ,notwithstanding section #cgjc7;e7 of title #ch1 ,united ,states ,code1 an individual who defaults under a partial claim made under this section shall be liable to the ,secretary for any loss suffered by the ,secretary resulting from such default1 and such loss may be recovered in the same manner as any other debt due the ,united ,states4 7,b7 ,reduction of entitlement ,in the event of default by an individual under a partial claim made under this section1 the ,secretary may reduce the aggregate amount of guaranty or insurance housing loan entitlement available to the individual under such chapter4 7#b7 ,foreclosure ,notwithstanding section #bdaj7;c7 of title #bh1 ,united ,states ,code1 an action to foreclose a lien held by the ,united ,states arising under a partial claim made under this section shall follow foreclosure procedures in accordance with ,state or local law where the property involved is located4 7g7 ,decisions by the ,secretary 7#a7 ,sole discretion ,any partial claim under this section shall be made in the sole discretion of the ,secretary and on terms and conditions acceptable to the ,secretary that are consistent with this section4 7#b7 ,final and conclusive ,any decision by the ,secretary under this section is final and conclusive and is not subject to judicial review4 7#c7 ,effect on provision of benefits ,for purposes of section #eaa of title #ch1 ,united ,states ,code1 any decision under this section shall not be treated as a decision under a law that affects the provision of benefits4 7h7 ,compliance 7#a7 ,processing payments ,the ,secretary may establish standards for processing payments under this section based on a certification by a holder of a loan guaranteed under such chapter that the holder has complied with all applicable requirements established by the ,secretary4 7#b7 ,audits ,the ,secretary shall carry out1 on a random-sampling basis1 post-payment audits to ensure compliance with all requirements described in paragraph 7#a74 7i7 ,guidance with respect to certain loans 7#a7 ,in general ,with respect to a loan described in paragraph 7#b71 the ,secretary may-- 7,a7 before prescribing regulations1 issue administrative guidance regarding the making of a partial claim relating to such loan2 and 7,b7 establish1 through such guidance1 additional requirements applicable to such a partial claim4 7#b7 ,loan described ,a loan described in this paragraph is a loan that the ,secretary determines was in default on the date of the enactment of this ,act4 7j7 ,rule of construction ,nothing in this section shall be construed to limit the authority of the ,secretary under subsections 7a7 and 7d7 of section #cgcb of title #ch1 ,united ,states ,code1 as amended by section #b of this ,act4 7k7 ,termination ,the ,secretary may not make a partial claim under this section after ,september #cj1 #bjbg4 #d4 ,strategy of the ,secretary of ,veterans ,affairs regarding the effect of certain litigation ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives a report on the strategy of the ,secretary to ensure that a veteran who seeks to purchase a home with a loan guaranteed under chapter #cg of title #ch1 ,united ,states ,code1 is not at a disadvantage when attempting to secure representation by a real estate agent or broker4 ,such strategy may include amendments to section #cf4dcac of title #ch1 ,code of ,federal ,regulations4