§ 3729. Loan fee
(a)
Requirement of Fee.—
(1)
Except as provided in subsection (c), a fee shall be collected from each person obtaining a housing loan guaranteed, insured, or made under this chapter, and each person assuming a loan to which section
3714 of this title applies. No such loan may be guaranteed, insured, made, or assumed until the fee payable under this section has been remitted to the Secretary.
(b)
Determination of Fee.—
(1)
The amount of the fee shall be determined from the loan fee table in paragraph (2). The fee is expressed as a percentage of the total amount of the loan guaranteed, insured, or made, or, in the case of a loan assumption, the unpaid principal balance of the loan on the date of the transfer of the property.
(2)
The loan fee table referred to in paragraph (1) is as follows:
| Type of loan | Active duty veteran | Reservist | Other obligor |
|---|---|---|---|
| (A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed before January 1, 2004) | 2.00 | 2.75 | NA |
| (A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2004, and before October 1, 2004) | 2.20 | 2.40 | NA |
| (A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before October 1, 2011) | 2.15 | 2.40 | NA |
| (A)(iv) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2011) | 1.40 | 1.65 | NA |
| (B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed before January 1, 2004) | 3.00 | 3.00 | NA |
| (B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2004, and before October 1, 2011) | 3.30 | 3.30 | NA |
| (B)(iii) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2011 and before October 1, 2013) | 2.15 | 2.15 | NA |
| (B)(iv) Subsequent loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2013 ) | 1.25 | 1.25 | NA |
| (C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed before October 1, 2011) | 1.50 | 1.75 | NA |
| (C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5-down (closed on or after October 1, 2011) | 0.75 | 1.00 | NA |
| (D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed before October 1, 2011) | 1.25 | 1.50 | NA |
| (D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed on or after October 1, 2011) | 0.50 | 0.75 | NA |
| (E) Interest rate reduction refinancing loan | 0.50 | 0.50 | NA |
| (F) Direct loan under section 3711 | 1.00 | 1.00 | NA |
| (G) Manufactured home loan under section 3712 (other than an interest rate reduction refinancing loan) | 1.00 | 1.00 | NA |
| (H) Loan to Native American veteran under section 3762 (other than an interest rate reduction refinancing loan) | 1.25 | 1.25 | NA |
| (I) Loan assumption under section 3714 | 0.50 | 0.50 | 0.50 |
| (J) Loan under section 3733(a) | 2.25 | 2.25 | 2.25 |
(3)
Any reference to a section in the “Type of loan” column in the loan fee table in paragraph (2) refers to a section of this title.
(4)
For the purposes of paragraph (2):
(A)
The term “active duty veteran” means any veteran eligible for the benefits of this chapter other than a Reservist.
(B)
The term “Reservist” means a veteran described in section
3701
(b)(5)(A) of this title who is eligible under section
3702
(a)(2)(E) of this title.
(C)
The term “other obligor” means a person who is not a veteran, as defined in section
101 of this title or other provision of this chapter.
(D)
The term “initial loan” means a loan to a veteran guaranteed under section
3710 or made under section
3711 of this title if the veteran has never obtained a loan guaranteed under section
3710 or made under section
3711 of this title.
(E)
The term “subsequent loan” means a loan to a veteran, other than an interest rate reduction refinancing loan, guaranteed under section
3710 or made under section
3711 of this title if the veteran has previously obtained a loan guaranteed under section
3710 or made under section
3711 of this title.
(F)
The term “interest rate reduction refinancing loan” means a loan described in section
3710
(a)(8),
3710
(a)(9)(B)(i),
3710
(a)(11),
3712
(a)(1)(F), or
3762
(h) of this title.
(G)
The term “0-down” means a downpayment, if any, of less than 5 percent of the total purchase price or construction cost of the dwelling.
(c)
Waiver of Fee.—
(1)
A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for the receipt of retirement pay, would be entitled to receive compensation) or from a surviving spouse of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability.
(2)
A veteran who is rated eligible to receive compensation as a result of a pre-discharge disability examination and rating shall be treated as receiving compensation for purposes of this subsection as of the date on which the veteran is rated eligible to receive compensation as a result of the pre-discharge disability examination and rating without regard to whether an effective date of the award of compensation is established as of that date.