Mitchell6024/quickb · Datasets at Hugging Face

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ee01ca45-1f42-435f-9921-a8a6aaaa43f8	Special meetings are required upon the written request of a percentage of the owners other than the declarant. Members can vote by proxy and may be allowed to vote by mail if permitted by state law. 4. Contains provisions granting the board of directors the various powers necessary to conduct the affairs of the association. 5.	VA_Guidelines.txt
ec9e4cd7-3aa7-4c21-b51d-396aa8e83fa8	Contains provisions placing on the board of directors the duties necessary to fulfill the purposes of the association. 6. Contains provisions for electing, removing and replacing directors and officers (if not addressed in the articles of incorporation). 7. Contains provisions governing notices to members.	VA_Guidelines.txt
6704b0e9-b5b9-4fcf-b834-5adbb9522364	Contains provisions governing notices to members. Members are given advance notice of meetings of members (of no less than seven days unless for a special meeting to approve an extraordinary action or material amendment in which case at least 25 days notice is required).	VA_Guidelines.txt
bc609965-d3d1-47c0-92aa-370bae0e8f04	Continued on next page January 1, 2001 16-B-23 January 1, 2001 16-B-23 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (B) Bylaws (continued) 8. Contains provisions regarding maintenance and availability of the association documents and the association records.	VA_Guidelines.txt
6ffe69e3-6ef3-420b-aa64-9952bfda1336	The association is required to keep records of: (i) its governing documents (i.e., association documents, rules and regulations and design standards); (ii) its actions (board resolutions, meeting minutes, etc.); and (iii) its financial condition (receipts and expenditures affecting the finances, operation and administration of the association, budget, financial statements, etc	VA_Guidelines.txt
44891e62-9670-4fda-bee6-98ae5c162532	.) Notwithstanding the foregoing, the association is not required to maintain records in excess of three years; unless otherwise required under applicable law.	VA_Guidelines.txt
865c1ef7-8fe9-4edb-bcff-d11720359b9c	The association documents and all books and records kept on behalf of the association are available for examination and copying by a member or such member's authorized agent during normal business hours and upon reasonable notice to the association and for a reasonable charge, except for privileged or confidential information. 9.	VA_Guidelines.txt
666ea2e9-ec85-4d1b-a8de-acbdb0f5bdf0	Contains provisions for amendment by the members. (C) Articles of Incorporation 1. Contains a statement of the purposes of the association. 2. Contains provisions requiring that each owner of a unit in the development or a subassociation representing owners of such units be a member of the association. 3. Contains provisions establishing and describing the voting rights of each member. 4.	VA_Guidelines.txt
e6dd7a33-33db-4d0b-8734-ef37840d3364	Contains provisions for election (or appointment by the declarant during the declarant control period), removal and replacement of members of the board of directors unless provided for in the Bylaws. 5. Contains provisions for amendment by the members. 6. Contains provisions for dissolution by the members.	VA_Guidelines.txt
cee8e85e-30c9-462f-9038-455cedf3fb37	Continued on next page January 1, 2001 16-B-24 16-B-24 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations 1. Information Brochure (Public Offering Statement).	VA_Guidelines.txt
b6ba73cc-427d-43d7-b206-337528b2f81b	Information Brochure (Public Offering Statement). There is an information brochure or public offering statement which provides general information which is to be provided to home buyers informing them about the project, the association and the rights and obligations of lot owners.	VA_Guidelines.txt
18a28f86-a7d2-4f39-828d-a8a62c662a81	If part of an umbrella or master association, there is a discussion of that organization, as appropriate, in the areas noted below. The following information is provided at a minimum: a. Organizational structure of the association; b. Membership and voting rights of members and the declarant, including a description of the declarant control period; c.	VA_Guidelines.txt
e289bd0d-8cb2-47df-8d98-3094600551b8	The general development plan for the project including requirements for expansion, phasing, merger and dissolution, an explanation that the total membership of the association may be increased, and a disclosure whether or not there will be any requirements to build a similar product in additional phases; d. The initial amount of assessments, the assessment lien, and the method of enforcement; e.	VA_Guidelines.txt
01ba13bc-b1b7-44ce-b77f-451e7c821fc0	A projected budget for the community of at least 1 year at full build-out showing projected future assessments and any declarant deficit funding contributions, and a component for reserves and replacements, if appropriate. If the project is phased, in excess of 200 units, or includes significant common area improvements, there is a multi-year feasibility budget with reserve tables; f.	VA_Guidelines.txt
584dfccf-56dc-4908-bd74-eee39f377b06	Method of changing the assessment; g. Description of types of user fees, if any; h. General description of common areas, including improvements; Continued on next page January 1, 2001 16-B-25 January 1, 2001 16-B-25 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations (continued) (1) (continued) i.	VA_Guidelines.txt
a8a1d8d4-afc7-4694-aaaf-6fd20d4e8f96	Services provided by the association; j. Maintenance requirements; k. Architectural controls; l. Declarant’s retained rights; m. Minimum requirements for insurance to be purchased by unit owners; n. Insurance maintained by the association; o. Availability of parking; p. Owners' liability for acts of others for violation of covenants and damage to common areas; q.	VA_Guidelines.txt
23a28f8e-23ff-4ebf-be1c-edc11d5fecf5	Association's ability to levy individual assessments; and r. Affiliation of the managing agent to the declarant, if any. Continued on next page January 1, 2001 16-B-26 16-B-26 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations (continued) 2. Reserved Rights.	VA_Guidelines.txt
3cf67ef5-57d5-48cd-9cdc-8eefbe17d5d0	Reserved Rights. The declarant, its affiliates, the sponsor of the project, or other party, has not reserved any of the following rights (unless such reserved rights have been reviewed by the field office or VA central office and determined reasonable. In such instances, the previous case or decision must be specifically referenced): a.	VA_Guidelines.txt
f1a771fe-c820-405b-976b-65d75871897a	Lease of the common area to the association or accepting leases from the association, except in connection with development-related offices such as marketing, sales or construction office for the project; b. Accepting franchises or licenses from the association for the provision of central television antenna service, cable television or like services; c.	VA_Guidelines.txt
cc2c38c0-0950-4e3a-bd3f-87d1028969cf	Retaining the right, by virtue of continued association control or otherwise, to veto acts of the association, except to the extent declarant's development rights are affected or to enter into management agreements or other contracts which extend beyond the declarant control period, unless those contracts are (i) limited to 2 years or (ii) permit the owner-controlled board to terminate the	VA_Guidelines.txt
7f3211cd-3fb1-41bf-8ad1-3ae9e2ee15da	the owner-controlled board to terminate the contract; or d	VA_Guidelines.txt
7a5abb35-a8c7-4406-bc4f-dd92d0f7007d	.	VA_Guidelines.txt
b86d92f3-de85-461f-9d96-ab689b0a1dbd	Reserving an unlimited right to amend the covenants or to replat lots not owned by the declarant or common areas. 3. Restrictions on Alienation. The following restrictions are not present (VA Regulation 36.4350 (38 CFR 36.4350): a. Right of first refusal; b. Right of prior approval of either a prospective purchaser or tenant; c.	VA_Guidelines.txt
c57fd737-710c-4343-bd6a-b0120c2f4878	Leasing restrictions which amount to unreasonable restrictions on use and occupancy of a unit; or d. Any minimum lease term in excess of 1 year.	VA_Guidelines.txt
f81afce2-50c4-4f9d-9c7f-5b57b58e7e0d	Any minimum lease term in excess of 1 year. January 1, 2001 16-B-27 January 1, 2001 16-B-27 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit B: Condominium Regulations Location of the To access the information about Condominium Regulations, go to Regulations http://www.homeloans.va.gov/regs.htm.	VA_Guidelines.txt
2d0d4de5-db46-4065-9f61-51ecb245d0d6	January 1, 2001 16-B-28 16-B-28 VA Pamphlet 26-7, Revised Accuracy of Doucmentation, 16-8 Actual Opinion. See Section 16-B.02 Applicability of Laws, 16-11 Attorney’s Opinion, 16-1 Attorney's General Requirements, 16-1 Authenticity, 16-8 Authorized Documents, 16-7 Basic VA Policy, 16-1 Basic VA Requirements.	VA_Guidelines.txt
8267a828-00ae-468e-ae1c-105bc68edaf5	See Section 16-A Building Requirements, 16-10 Common Interest Community Definition, 16-1 Compliance with Local/State Requirements, 16-4 Compliance with Other VA Requirements, 16-4 Compliance With VA Regulations.	VA_Guidelines.txt
110b0843-eba4-49db-8fdc-279b35033394	See Exhibit B in this Chapter Conditional Opinion, 16-6 Condominium Approval Procedures, 16-5 Condominium not VA Approved, 16-4 Contents of Opinion, 16-3 Correct and Complete Copies, 16-9 Dated Opinion, 16-11 Document Accuracy, 16-7 Documenting Amendments After Project Approval, 16-8 Documents Subject to Rescission or Reformation, 16- 8 Expediting VA Approvals, 16-6 First Mortgages Holders	VA_Guidelines.txt
3ea2b4d6-06c2-402e-a179-147bf13105cd	VA Approvals, 16-6 First Mortgages Holders Rights, 16-8 Identification of the Project Requirements, 16-2 Identifying Other Assumptions, 16-9 Identifying Variations, 16-4 Inference, 16-11 Location of the Regulations Internet Address, 16-28 Master or Umbrella Association, 16-5 Mixed—Use Development, 16-5 January 1, 2001 January 1, 2001 Section B: Use of Attorney’s Opinion Mortgagee Rights, 16-8	VA_Guidelines.txt
b8f69ec1-cb87-4805-a3ee-902ef128018e	Use of Attorney’s Opinion Mortgagee Rights, 16-8 Notice of Value for all Properties in a PUD or Condominium, 16-4 Operated or Administered Project, 16-10 Other Regulatory Related Requirements, 16-4 Other VA Requirements Exhibit, 16-12 Qualifications or Limitations that Opinion May Include, 16-10 Qualified Parties, 16-7 Recording of Documents, 16-8 Request for VA Approval	VA_Guidelines.txt
da35fa0c-761b-4287-96d7-313e13c1b7e1	.	VA_Guidelines.txt
f9e973c0-d450-4a90-ab09-74ff6ca95ca9	See Section 16-A	VA_Guidelines.txt
bb3f12f0-6da8-41d2-9bf2-c3317e68a576	.03 Special Conditions, 16-5 State Agency Certification of a Condominium, 16-6 Statement of Qualifications, 16-3 Statement Regarding the Attorney’s Qualifications, 16-3 Subdivision Requirements, 16-10 Subjective Factual Standards, 16-10 Submitting Required Documents, 16-11 Superior VA Lien, 16-2 Table of Required Documents, 16-9 Title, 16-11 Title Requirements for Every VA loan, 16-2 Use of	VA_Guidelines.txt
54c1d85e-0d1c-43c6-87d0-45e8639fc467	Title Requirements for Every VA loan, 16-2 Use of Attorney’s Opinion	VA_Guidelines.txt
b7944302-0021-40fe-9a5d-b0da77242181	.	VA_Guidelines.txt
9ed0b56f-46e1-40fd-9ea7-52a012283c1e	See Section 16-B Use of Previously Approved Documents, 16-6 VA Approval Related Requirements, 16-4 VA Approved Condominium List Internet Address, 16-1 VA Decision, 16-7 VA Process for Approving Requests, 16-5 VA Required Documents, 16-9 Value of the Subject Property, 16-3 Violations, 16-7 Waivers or Limitations, 16-8 Zoning Requirements, 16-10 16-B-29 VA Pamphlet 26-7, Revised Section B: Use of	VA_Guidelines.txt
3398d089-0dfd-4413-a941-47bce28d435d	VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Accuracy of Doucmentation, 16-8 Mortgagee Rights, 16-8 Actual Opinion	VA_Guidelines.txt
94957db7-4d6b-436b-938e-f4c6c784ac14	.	VA_Guidelines.txt
c797a49f-4726-4d81-8ee8-fbea6eeda19a	See Section 16-B	VA_Guidelines.txt
e07a1953-df11-4613-a4b2-ac7b0b9a99e1	.02 Notice of Value for all Properties in a PUD or Applicability of Laws, 16-11 Condominium, 16-4 Attorney’s Opinion, 16-1 Operated or Administered Project, 16-10 Attorney's General Requirements, 16-1 Other Regulatory Related Requirements, 16-4 Authenticity, 16-8 Other VA Requirements Exhibit, 16-12 Authorized Documents, 16-7 Qualifications or Limitations that Opinion May Basic VA Policy, 16-1	VA_Guidelines.txt
6bc824e0-8db5-40fd-9dbd-272ecd39f1ee	that Opinion May Basic VA Policy, 16-1 Include, 16-10 Basic VA Requirements	VA_Guidelines.txt
0062dac4-d94c-4a5f-9132-a033c3770a66	.	VA_Guidelines.txt
ef201ac7-832e-4f3a-97b3-bccdff39ff64	See Section 16-A Qualified Parties, 16-7 Building Requirements, 16-10 Recording of Documents, 16-8 Common Interest Community Definition, 16-1 Request for VA Approval. See Section 16-A.03 Compliance with Local/State Requirements, 16-4 Special Conditions, 16-5 Compliance with Other VA Requirements, 16-4 State Agency Certification of a Condominium, 16-6 Compliance With VA Regulations.	VA_Guidelines.txt
81e15c9a-d178-4d70-aee0-9842c971c9a0	See Exhibit B in Statement of Qualifications, 16-3 this Chapter Statement Regarding the Attorney’s Qualifications, Conditional Opinion, 16-6 16-3 Condominium Approval Procedures, 16-5 Subdivision Requirements, 16-10 Condominium not VA Approved, 16-4 Subjective Factual Standards, 16-10 Contents of Opinion, 16-3 Submitting Required Documents, 16-11 Correct and Complete Copies, 16-9 Superior VA	VA_Guidelines.txt
3e290419-81ac-42a8-98da-db48d05f9e17	Correct and Complete Copies, 16-9 Superior VA Lien, 16-2 Dated Opinion, 16-11 Table of Required Documents, 16-9 Document Accuracy, 16-7 Title, 16-11 Documenting Amendments After Project Approval, Title Requirements for Every VA loan, 16-2 16-8 Use of Attorney’s Opinion	VA_Guidelines.txt
d78b2f44-b0f2-4834-b184-05d3693d5ca5	.	VA_Guidelines.txt
2b2140ba-04f8-45c0-a99f-7c89712ac54f	See Section 16-B Documents Subject to Rescission or Reformation, 16- Use of Previously Approved Documents, 16-6 8 VA Approval Related Requirements, 16-4 Expediting VA Approvals, 16-6 VA Approved Condominium List Internet Address, First Mortgages Holders Rights, 16-8 16-1 Identification of the Project Requirements, 16-2 VA Decision, 16-7 Identifying Other Assumptions, 16-9 VA Process for Approving	VA_Guidelines.txt
3db3f90c-07d4-4b57-98f1-671f1de390dd	Other Assumptions, 16-9 VA Process for Approving Requests, 16-5 Identifying Variations, 16-4 VA Required Documents, 16-9 Inference, 16-11 Value of the Subject Property, 16-3 Location of the Regulations Internet Address, 16-28 Violations, 16-7 Master or Umbrella Association, 16-5 Waivers or Limitations, 16-8 Mixed—Use Development, 16-5 Zoning Requirements, 16-10 January 1, 2001 16-B-29 VA Pamphlet	VA_Guidelines.txt
dcf98c81-6f41-4aec-bed3-2196847b980e	16-10 January 1, 2001 16-B-29 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants Chapter 17 VA Sanctions Against Program Participants Overview Introduction VA is authorized to impose sanctions against persons or entities who take actions which are detrimental to the VA loan guaranty program	VA_Guidelines.txt
adf8804c-5a22-41b2-a950-2c7ba87ec9a6	.	VA_Guidelines.txt
18abc554-72ff-4d95-993e-c79c3bbf5e19	The type and severity of the sanction imposed is based on the type of participant (for example, lender, builder, management broker, etc.), and the nature of the actions (for example., fraud, significant deficiencies in performance, ongoing disregard for VA requirements, and so on).	VA_Guidelines.txt
859d8057-2cd5-4e3c-a921-0c42052e0b17	Sanctions may be imposed in the form of civil money penalties, and/or the participant’s full or partial exclusion from participation in the VA loan guaranty program for a certain period of time. Appeal Rights VA provides appeal rights to all program participants against whom sanctions are imposed.	VA_Guidelines.txt
1eeff3d8-bba2-40dd-ae95-189b3bca1446	The notice informing the participant that sanctions will be or are imposed explains what the participant must do to appeal VA’s decision. In this Chapter This chapter contains the following topics.	VA_Guidelines.txt
7209d0f3-3f69-4a95-a754-578dd72357bc	Topic See Page 17.01 Program Participants 17-2 17.02 False Lender Certification 17-6 17.03 Withdrawal of Automatic Authority 17-7 17.04 Withdrawal of LAPP Authority 17-11 17.05 Debarment and Suspension 17-15 17.06 Limited Denial of Participation (LDP) 17-18 17.07 Unfair Contract Provisions or Marketing Practices 17-21 17	VA_Guidelines.txt
6d75f426-42f0-411a-ae5f-1fc182e4c4d6	.08 Violations of Equal Housing Opportunity Laws 17-23 17-1 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.01 Program Participants Program Any person or entity conducting business related to the VA loan guaranty Participants program is considered a program participant.	VA_Guidelines.txt
8ace3341-27a6-4a72-bb80-b6000ecd87ba	This includes, but is not limited to lenders employees of lenders loan holders loan servicers builders real estate brokers or agents management brokers repair contractors compliance inspectors fee appraisers salespersons, and manufactured home manufacturers, dealers or park operators. Note: A person is not considered a program participant just because he or she obtains a VA loan.	VA_Guidelines.txt
e7feb1f3-f1e8-406d-a774-dec3d0e76e37	Program VA may impose sanctions against a program participant who is also a veteran Participant eligible for loan guaranty benefits. This does not preclude the veteran from Also A Veteran using his or her entitlement to obtain a VA-guaranteed loan.	VA_Guidelines.txt
e72c8840-32fd-4036-97b6-62c397a8db79	Continued on next page 17-2 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.01 Program Participants, Continued Full Exclusion A participant who is fully excluded may not conduct any type of VA loan guaranty business, or have another party conduct such business on his or her behalf.	VA_Guidelines.txt
5deaeefa-14b9-4982-86d9-d63200455dc1	Partial Partial exclusion may involve limitations on Exclusion the role the participant may play, or how the participant conducts VA loan guaranty business.	VA_Guidelines.txt
3f94374e-d6b0-474a-8292-823912f7f61f	Program Program participants may not Participants and Excluded do VA business with an excluded party if the type of transaction involved is Parties prohibited by the terms of the party’s exclusion, or allow an employed excluded party to perform prohibited duties.	VA_Guidelines.txt
97cc0ee3-5d0c-4f89-a886-dc8939ee234e	Violation of the above restrictions may result in VA sanctions against the program participant doing business with (or employing) the excluded party. Identifying Participants may check the List of Parties Excluded From Federal Excluded Procurement and Nonprocurement Programs published by the U. S. General Parties Services Administration (GSA).	VA_Guidelines.txt
d01579bd-c5a2-420f-a34f-934c8db7b494	S. General Parties Services Administration (GSA). The list can be obtained in hard copy by subscription through the Superintendent of Documents, U. S. Government Printing Office, Washington, DC 20402, and electronically, via the Internet at www.epls.arnet@gsa/gov. Note: Contact GSA at (202)501-4740, or, online at [email protected] for details.	VA_Guidelines.txt
be544425-9ccd-420e-9289-2d17ec998294	Continued on next page 17-3 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.01 Program Participants, Continued Nature of Some of the parties on this list may be excluded from Exclusion participation in the programs of all Federal agencies, including VA, or a specific program of a specific Federal agency.	VA_Guidelines.txt
03bc3ef9-f462-4e28-996c-5c960f0055c6	Cause and The cause and treatment codes provide information on the nature of the Treatment exclusion. These codes are described in the document and at the GSA Codes website, above.	VA_Guidelines.txt
febe4735-1d31-47b1-a50b-065d42221e51	Obtaining Call the contact person for the agency that placed the excluded party on the Information on list if Excluded Party more detail is necessary to confirm the identity of a party on the list, or to clarify the nature or length of the sanction.	VA_Guidelines.txt
a140e103-bc86-49c3-834c-9b0d4188ca1d	Non- For parties placed on the non-procurement list by VA (indicated by the code procurement “VA”), obtain any necessary clarifying information from the local VA office List with jurisdiction over the city and state listed in the excluded party’s address. Parties Not on Some of the VA sanctioned parties may not appear on the GSA list.	VA_Guidelines.txt
e5fedc19-5152-4eff-adc3-b939b20fea27	GSA List Information on such parties can be obtained by contacting the local VA office.	VA_Guidelines.txt
3e1a60e1-9273-422a-81a4-66d1b6672bb0	Continued on next page 17-4 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17	VA_Guidelines.txt
c3cc3bd9-44d0-4e79-894a-dd6643ef212e	.01 Program Participants, Continued Lender Check Lenders and other parties may want to check whether a program participant On Excluded has been excluded prior to Parties employing the program participant, or participating in a VA loan guaranty-related transaction, if the program participant is also a party to the transaction.	VA_Guidelines.txt
ea6f0eee-d9ae-40dc-bd5a-a60638ca8512	Note: This does not refer to a veteran using entitlement to obtain a VA loan. Reasons For The following illustrates some of the reasons why a lender/other party would Lender Check want to check on a participant’s exclusion. A lender hiring an underwriter for its VA lending activities may want to verify that the underwriter is not an excluded party.	VA_Guidelines.txt
00cb6363-eb2e-41af-b77c-e491954fd45c	A lender making a loan to a veteran for new construction is told by another lender that the builder has had problems with some of its HUD/FHA transactions. The lender may want to verify that the builder is not an excluded party.	VA_Guidelines.txt
e1710986-629f-41de-a77b-efa2734b505e	A management broker establishing a panel of contractors to do repairs to VA-owned properties must ensure that none of the panel members are excluded parties. 17-5 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17	VA_Guidelines.txt
2b829dc4-b284-4499-bebe-4456cd049a73	.02 False Lender Certification Lender A lender must submit a signed certification with each loan submission Certification indicating that in processing and underwriting the loan, the lender has complied with VA requirements regulations, and the law.	VA_Guidelines.txt
3a27222d-07be-4258-ad9d-e2996996933d	The specific language required in the certification is found in Step 7 of “Lender Procedures” in Section 4.01. False Lender Any lender who knowingly and willfully makes a false certification may be Certification subject to civil money penalties equal to the greater of two times the amount of the Government’s loss on the loan involved, or another appropriate amount, not to exceed $10,000.	VA_Guidelines.txt
390dc86c-b635-4bf0-9b0c-d7001e09ba6f	In addition to monetary penalties, VA may impose other sanctions including, but not limited to debarment and suspension, and loss of automatic authority. Lenders Lenders assessed civil money penalties for a false certification do not appear Assessed in GSA’s List of Parties Excluded From Federal Procurement and Monetary Nonprocurement Programs.	VA_Guidelines.txt
1fed003b-e99e-4936-bf51-edbb33f22d8a	Other program participants may still transact Penalty VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them in conjunction with the civil money penalty.	VA_Guidelines.txt
21842805-a3d4-4b9a-9b39-9de5fe86258c	In such cases, other program participants may be prohibited from transacting business with them. 17-6 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.03 Withdrawal of Automatic Authority Withdrawal VA can withdraw a lender’s automatic authority for proper cause, after giving For Proper the lender 30 days’ notice.	VA_Guidelines.txt
f3f771a2-bea8-442c-9b88-aedc5b913af5	This applies to both Cause supervised, and nonsupervised lenders. Submitting The lender may continue processing loans on a prior approval basis after Loans for Prior automatic authority has been withdrawn. Approval Note: It is the lender’s responsibility to submit all loans for prior approval as long as automatic authority is withdrawn.	VA_Guidelines.txt
0da44f49-98fb-4e4c-b761-b1d6d83a94ea	VA Business Lenders with their automatic authority withdrawn do not appear in GSA’s With Other List of Parties Excluded From Federal Procurement and Nonprocurement Participants Programs. Other program participants may still transact VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them.	VA_Guidelines.txt
6661be44-54bf-4bc4-a7be-c2fb26d3c619	In such cases, other program participants may be prohibited from transacting business with them.	VA_Guidelines.txt
11650e13-cf58-48a4-bc96-0691f8a25a33	Withdrawal for Withdrawal for an indefinite period can be based on an Indefinite Period failure to continue meeting basic qualifying criteria for supervised lenders this includes loss of status as an entity subject to examination and supervision by a Federal or state regulatory agency for nonsupervised lenders this includes no approved underwriter, failure to maintain $50,000 working capital,	VA_Guidelines.txt
e1490a3f-b44d-4a8b-8d44-9b56e790cd50	failure to maintain $50,000 working capital, and/or failure to file the required financial statements any of the causes for debarment set forth in 38 CFR 44	VA_Guidelines.txt
1550f9bd-7b34-435c-8e81-e905962ff51a	.305, or poor underwriting or consistently careless processing during the probationary period for newly-approved nonsupervised automatic lenders. [38 CFR 44.305] Continued on next page 17-7 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17	VA_Guidelines.txt
f37f0f00-b55d-40bf-837a-2ad6206593c0	.03 Withdrawal of Automatic Authority, Continued Withdrawal Refer to the following table for information on withdrawal time periods.	VA_Guidelines.txt
3fc470b3-731c-4ab8-922a-a061719a9013	Time Periods Withdrawal A withdrawal period of 60 days can be based on any of the following Period: 60 situations: Days Loan submissions show deficiencies in credit underwriting after repeatedly being called to the lender's attention. Use of unstable sources of income to qualify borrower or ignoring significant adverse credit items affecting applicant’s creditworthiness.	VA_Guidelines.txt
5e97f8aa-273f-469e-846d-7ea944b92436	Employment or deposit verifications are hand-carried by applicants or otherwise improperly permitted to pass through the hands of a third party. Loan submissions are consistently incomplete after repeatedly being called to the lender's attention There are continued instances of disregard of VA requirements after repeatedly being called to the lender's attention.	VA_Guidelines.txt
29847ae1-1a3f-448d-ab23-cfee3078769a	Continued on next page 17-8 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.03 Withdrawal of Automatic Authority, Continued Withdrawal A withdrawal period of 180 days can be based on any of the following Period: 180 situations: Days Loans conflict with VA credit standards and would not have been made by a lender acting prudently.	VA_Guidelines.txt
0f61f7d3-a54b-4307-8c08-09f2ff86fc1d	Failure to disclose to VA significant obligations or other information which affects the veteran’s ability to repay the loan, and which results in undue risk to the Government. Employment or deposit verifications are handcarried by the applicant or otherwise mishandled, resulting in submission of significant misinformation to VA.	VA_Guidelines.txt
bb9748ac-c031-449c-91e1-9a4bace2ed9f	Substantiated complaints are received that the lender misrepresented VA requirements to veterans to the detriment of their interests. Example The veteran was dissuaded from seeking a lower interest rate based on the lender's incorrect advice that such options were excluded by VA requirements.	VA_Guidelines.txt
aae83edb-26ee-4510-9034-369343f7de6d	Closing documents show instances of improper charges to veteran after the impropriety of such charges are called to lender’s attention by VA, or the lender refuses to refund such charges after notification by VA. Deliberate delays in scheduling loan closings.	VA_Guidelines.txt
7bd9c0cb-e2ff-46a2-a93b-71530b54cd99	Deliberate delays in scheduling loan closings. Continued on next page 17-9 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.03 Withdrawal of Automatic Authority, Continued Withdrawal A withdrawal period of 1-3 years can be based on any of the situations Period: 1-3 described in the table below.	VA_Guidelines.txt
08591485-61dc-4f94-9832-ffa19f7a8642	Years Situation Example Failure to properly disburse loans Loan disbursement checks are returned due to insufficient funds. Involvement by the lender in the Knowingly permitting the veteran to improper use of a veteran's violate occupancy requirements, or entitlement lender involvement in the veteran’s sale of entitlement to a third party.	VA_Guidelines.txt
7f3c8b80-25c9-4a39-bdb7-a334270565c6	Lender makes the loan with the knowledge that the veteran is not purchasing the property to be his or her home.	VA_Guidelines.txt
2c3fab9a-755b-4e57-9150-610781c7f3e8	Instead, the veteran intends to transfer title to a third party who assumes the loan shortly after closing. 17-10 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.04 Withdrawal of LAPP Authority LAPP is a The authority to determine value under LAPP is a privilege delegated to Privilege lenders at VA’s discretion.	VA_Guidelines.txt
484f6aea-3a95-43a3-bf54-1f23a4a651d4	Lenders maintain this privilege by complying with all applicable LAPP-related VA requirements. Withdrawal or VA can amend or withdraw the special privilege of LAPP authority from a Amendment for lender for proper cause. This applies to both supervised and nonsupervised Proper Cause lenders with automatic authority that have been granted LAPP authority.	VA_Guidelines.txt
7ccbbc21-73bb-4770-b9ba-6dd9c898c6b7	Withdrawal LAPP authority can be withdrawn for a specific or indefinite period of time.	VA_Guidelines.txt
b5fb8b5b-f8cc-48fb-bbde-0b2bf1c68be2	Time Period Continued on next page 17-11 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.04 Withdrawal of LAPP Authority, Continued Examples of The following is a non-inclusive list of examples of proper cause that can Withdrawal for form a basis for withdrawal of LAPP authority.	VA_Guidelines.txt
7218efbf-bede-46c4-8c49-c927e6e94468	Proper Cause Technical incompetence Conduct demonstrating insufficient knowledge of industry-accepted appraisal principles, techniques and practices and/or the inability to adequately apply them in reviewing appraisal reports and making value determinations for VA purposes.	VA_Guidelines.txt
6b377788-ac38-48e4-b624-0a7f7c89ad5b	Substantive or repetitive errors A substantive error is one which significantly involves the value determination or condition of the property. In the aggregate, nonsubstantive errors which are frequently repeated may also indicate that LAPP case reviews are being performed in a careless or negligent manner.	VA_Guidelines.txt
231a9cef-0611-43d8-8728-0b91c9a0bda4	Disregard for VA requirements Continued disregard for the VA requirements and procedures outlined in VA regulations, guidelines, instructions or applicable laws, after the problem has been brought to the lender's attention.	VA_Guidelines.txt

ee01ca45-1f42-435f-9921-a8a6aaaa43f8

Special meetings are required upon the written request of a percentage of the owners other than the declarant. Members can vote by proxy and may be allowed to vote by mail if permitted by state law. 4. Contains provisions granting the board of directors the various powers necessary to conduct the affairs of the association. 5.

VA_Guidelines.txt

ec9e4cd7-3aa7-4c21-b51d-396aa8e83fa8

Contains provisions placing on the board of directors the duties necessary to fulfill the purposes of the association. 6. Contains provisions for electing, removing and replacing directors and officers (if not addressed in the articles of incorporation). 7. Contains provisions governing notices to members.

VA_Guidelines.txt

6704b0e9-b5b9-4fcf-b834-5adbb9522364

Contains provisions governing notices to members. Members are given advance notice of meetings of members (of no less than seven days unless for a special meeting to approve an extraordinary action or material amendment in which case at least 25 days notice is required).

VA_Guidelines.txt

bc609965-d3d1-47c0-92aa-370bae0e8f04

Continued on next page January 1, 2001 16-B-23 January 1, 2001 16-B-23 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (B) Bylaws (continued) 8. Contains provisions regarding maintenance and availability of the association documents and the association records.

VA_Guidelines.txt

6ffe69e3-6ef3-420b-aa64-9952bfda1336

The association is required to keep records of: (i) its governing documents (i.e., association documents, rules and regulations and design standards); (ii) its actions (board resolutions, meeting minutes, etc.); and (iii) its financial condition (receipts and expenditures affecting the finances, operation and administration of the association, budget, financial statements, etc

VA_Guidelines.txt

44891e62-9670-4fda-bee6-98ae5c162532

.) Notwithstanding the foregoing, the association is not required to maintain records in excess of three years; unless otherwise required under applicable law.

VA_Guidelines.txt

865c1ef7-8fe9-4edb-bcff-d11720359b9c

The association documents and all books and records kept on behalf of the association are available for examination and copying by a member or such member's authorized agent during normal business hours and upon reasonable notice to the association and for a reasonable charge, except for privileged or confidential information. 9.

VA_Guidelines.txt

666ea2e9-ec85-4d1b-a8de-acbdb0f5bdf0

Contains provisions for amendment by the members. (C) Articles of Incorporation 1. Contains a statement of the purposes of the association. 2. Contains provisions requiring that each owner of a unit in the development or a subassociation representing owners of such units be a member of the association. 3. Contains provisions establishing and describing the voting rights of each member. 4.

VA_Guidelines.txt

e6dd7a33-33db-4d0b-8734-ef37840d3364

Contains provisions for election (or appointment by the declarant during the declarant control period), removal and replacement of members of the board of directors unless provided for in the Bylaws. 5. Contains provisions for amendment by the members. 6. Contains provisions for dissolution by the members.

VA_Guidelines.txt

cee8e85e-30c9-462f-9038-455cedf3fb37

Continued on next page January 1, 2001 16-B-24 16-B-24 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations 1. Information Brochure (Public Offering Statement).

VA_Guidelines.txt

b6ba73cc-427d-43d7-b206-337528b2f81b

Information Brochure (Public Offering Statement). There is an information brochure or public offering statement which provides general information which is to be provided to home buyers informing them about the project, the association and the rights and obligations of lot owners.

VA_Guidelines.txt

18a28f86-a7d2-4f39-828d-a8a62c662a81

If part of an umbrella or master association, there is a discussion of that organization, as appropriate, in the areas noted below. The following information is provided at a minimum: a. Organizational structure of the association; b. Membership and voting rights of members and the declarant, including a description of the declarant control period; c.

VA_Guidelines.txt

e289bd0d-8cb2-47df-8d98-3094600551b8

The general development plan for the project including requirements for expansion, phasing, merger and dissolution, an explanation that the total membership of the association may be increased, and a disclosure whether or not there will be any requirements to build a similar product in additional phases; d. The initial amount of assessments, the assessment lien, and the method of enforcement; e.

VA_Guidelines.txt

01ba13bc-b1b7-44ce-b77f-451e7c821fc0

A projected budget for the community of at least 1 year at full build-out showing projected future assessments and any declarant deficit funding contributions, and a component for reserves and replacements, if appropriate. If the project is phased, in excess of 200 units, or includes significant common area improvements, there is a multi-year feasibility budget with reserve tables; f.

VA_Guidelines.txt

584dfccf-56dc-4908-bd74-eee39f377b06

Method of changing the assessment; g. Description of types of user fees, if any; h. General description of common areas, including improvements; Continued on next page January 1, 2001 16-B-25 January 1, 2001 16-B-25 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations (continued) (1) (continued) i.

VA_Guidelines.txt

a8a1d8d4-afc7-4694-aaaf-6fd20d4e8f96

Services provided by the association; j. Maintenance requirements; k. Architectural controls; l. Declarant’s retained rights; m. Minimum requirements for insurance to be purchased by unit owners; n. Insurance maintained by the association; o. Availability of parking; p. Owners' liability for acts of others for violation of covenants and damage to common areas; q.

VA_Guidelines.txt

23a28f8e-23ff-4ebf-be1c-edc11d5fecf5

Association's ability to levy individual assessments; and r. Affiliation of the managing agent to the declarant, if any. Continued on next page January 1, 2001 16-B-26 16-B-26 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements, Continued (D) Other Considerations (continued) 2. Reserved Rights.

VA_Guidelines.txt

3cf67ef5-57d5-48cd-9cdc-8eefbe17d5d0

Reserved Rights. The declarant, its affiliates, the sponsor of the project, or other party, has not reserved any of the following rights (unless such reserved rights have been reviewed by the field office or VA central office and determined reasonable. In such instances, the previous case or decision must be specifically referenced): a.

VA_Guidelines.txt

f1a771fe-c820-405b-976b-65d75871897a

Lease of the common area to the association or accepting leases from the association, except in connection with development-related offices such as marketing, sales or construction office for the project; b. Accepting franchises or licenses from the association for the provision of central television antenna service, cable television or like services; c.

VA_Guidelines.txt

cc2c38c0-0950-4e3a-bd3f-87d1028969cf

Retaining the right, by virtue of continued association control or otherwise, to veto acts of the association, except to the extent declarant's development rights are affected or to enter into management agreements or other contracts which extend beyond the declarant control period, unless those contracts are (i) limited to 2 years or (ii) permit the owner-controlled board to terminate the

VA_Guidelines.txt

7f3211cd-3fb1-41bf-8ad1-3ae9e2ee15da

the owner-controlled board to terminate the contract; or d

VA_Guidelines.txt

7a5abb35-a8c7-4406-bc4f-dd92d0f7007d

.

VA_Guidelines.txt

b86d92f3-de85-461f-9d96-ab689b0a1dbd

Reserving an unlimited right to amend the covenants or to replat lots not owned by the declarant or common areas. 3. Restrictions on Alienation. The following restrictions are not present (VA Regulation 36.4350 (38 CFR 36.4350): a. Right of first refusal; b. Right of prior approval of either a prospective purchaser or tenant; c.

VA_Guidelines.txt

c57fd737-710c-4343-bd6a-b0120c2f4878

Leasing restrictions which amount to unreasonable restrictions on use and occupancy of a unit; or d. Any minimum lease term in excess of 1 year.

VA_Guidelines.txt

f81afce2-50c4-4f9d-9c7f-5b57b58e7e0d

Any minimum lease term in excess of 1 year. January 1, 2001 16-B-27 January 1, 2001 16-B-27 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Exhibit B: Condominium Regulations Location of the To access the information about Condominium Regulations, go to Regulations http://www.homeloans.va.gov/regs.htm.

VA_Guidelines.txt

2d0d4de5-db46-4065-9f61-51ecb245d0d6

January 1, 2001 16-B-28 16-B-28 VA Pamphlet 26-7, Revised Accuracy of Doucmentation, 16-8 Actual Opinion. See Section 16-B.02 Applicability of Laws, 16-11 Attorney’s Opinion, 16-1 Attorney's General Requirements, 16-1 Authenticity, 16-8 Authorized Documents, 16-7 Basic VA Policy, 16-1 Basic VA Requirements.

VA_Guidelines.txt

8267a828-00ae-468e-ae1c-105bc68edaf5

See Section 16-A Building Requirements, 16-10 Common Interest Community Definition, 16-1 Compliance with Local/State Requirements, 16-4 Compliance with Other VA Requirements, 16-4 Compliance With VA Regulations.

VA_Guidelines.txt

110b0843-eba4-49db-8fdc-279b35033394

See Exhibit B in this Chapter Conditional Opinion, 16-6 Condominium Approval Procedures, 16-5 Condominium not VA Approved, 16-4 Contents of Opinion, 16-3 Correct and Complete Copies, 16-9 Dated Opinion, 16-11 Document Accuracy, 16-7 Documenting Amendments After Project Approval, 16-8 Documents Subject to Rescission or Reformation, 16- 8 Expediting VA Approvals, 16-6 First Mortgages Holders

VA_Guidelines.txt

3ea2b4d6-06c2-402e-a179-147bf13105cd

VA Approvals, 16-6 First Mortgages Holders Rights, 16-8 Identification of the Project Requirements, 16-2 Identifying Other Assumptions, 16-9 Identifying Variations, 16-4 Inference, 16-11 Location of the Regulations Internet Address, 16-28 Master or Umbrella Association, 16-5 Mixed—Use Development, 16-5 January 1, 2001 January 1, 2001 Section B: Use of Attorney’s Opinion Mortgagee Rights, 16-8

VA_Guidelines.txt

b8f69ec1-cb87-4805-a3ee-902ef128018e

Use of Attorney’s Opinion Mortgagee Rights, 16-8 Notice of Value for all Properties in a PUD or Condominium, 16-4 Operated or Administered Project, 16-10 Other Regulatory Related Requirements, 16-4 Other VA Requirements Exhibit, 16-12 Qualifications or Limitations that Opinion May Include, 16-10 Qualified Parties, 16-7 Recording of Documents, 16-8 Request for VA Approval

VA_Guidelines.txt

da35fa0c-761b-4287-96d7-313e13c1b7e1

.

VA_Guidelines.txt

f9e973c0-d450-4a90-ab09-74ff6ca95ca9

See Section 16-A

VA_Guidelines.txt

bb3f12f0-6da8-41d2-9bf2-c3317e68a576

.03 Special Conditions, 16-5 State Agency Certification of a Condominium, 16-6 Statement of Qualifications, 16-3 Statement Regarding the Attorney’s Qualifications, 16-3 Subdivision Requirements, 16-10 Subjective Factual Standards, 16-10 Submitting Required Documents, 16-11 Superior VA Lien, 16-2 Table of Required Documents, 16-9 Title, 16-11 Title Requirements for Every VA loan, 16-2 Use of

VA_Guidelines.txt

54c1d85e-0d1c-43c6-87d0-45e8639fc467

Title Requirements for Every VA loan, 16-2 Use of Attorney’s Opinion

VA_Guidelines.txt

b7944302-0021-40fe-9a5d-b0da77242181

.

VA_Guidelines.txt

9ed0b56f-46e1-40fd-9ea7-52a012283c1e

See Section 16-B Use of Previously Approved Documents, 16-6 VA Approval Related Requirements, 16-4 VA Approved Condominium List Internet Address, 16-1 VA Decision, 16-7 VA Process for Approving Requests, 16-5 VA Required Documents, 16-9 Value of the Subject Property, 16-3 Violations, 16-7 Waivers or Limitations, 16-8 Zoning Requirements, 16-10 16-B-29 VA Pamphlet 26-7, Revised Section B: Use of

VA_Guidelines.txt

3398d089-0dfd-4413-a941-47bce28d435d

VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion Accuracy of Doucmentation, 16-8 Mortgagee Rights, 16-8 Actual Opinion

VA_Guidelines.txt

94957db7-4d6b-436b-938e-f4c6c784ac14

.

VA_Guidelines.txt

c797a49f-4726-4d81-8ee8-fbea6eeda19a

See Section 16-B

VA_Guidelines.txt

e07a1953-df11-4613-a4b2-ac7b0b9a99e1

.02 Notice of Value for all Properties in a PUD or Applicability of Laws, 16-11 Condominium, 16-4 Attorney’s Opinion, 16-1 Operated or Administered Project, 16-10 Attorney's General Requirements, 16-1 Other Regulatory Related Requirements, 16-4 Authenticity, 16-8 Other VA Requirements Exhibit, 16-12 Authorized Documents, 16-7 Qualifications or Limitations that Opinion May Basic VA Policy, 16-1

VA_Guidelines.txt

6bc824e0-8db5-40fd-9dbd-272ecd39f1ee

that Opinion May Basic VA Policy, 16-1 Include, 16-10 Basic VA Requirements

VA_Guidelines.txt

0062dac4-d94c-4a5f-9132-a033c3770a66

.

VA_Guidelines.txt

ef201ac7-832e-4f3a-97b3-bccdff39ff64

See Section 16-A Qualified Parties, 16-7 Building Requirements, 16-10 Recording of Documents, 16-8 Common Interest Community Definition, 16-1 Request for VA Approval. See Section 16-A.03 Compliance with Local/State Requirements, 16-4 Special Conditions, 16-5 Compliance with Other VA Requirements, 16-4 State Agency Certification of a Condominium, 16-6 Compliance With VA Regulations.

VA_Guidelines.txt

81e15c9a-d178-4d70-aee0-9842c971c9a0

See Exhibit B in Statement of Qualifications, 16-3 this Chapter Statement Regarding the Attorney’s Qualifications, Conditional Opinion, 16-6 16-3 Condominium Approval Procedures, 16-5 Subdivision Requirements, 16-10 Condominium not VA Approved, 16-4 Subjective Factual Standards, 16-10 Contents of Opinion, 16-3 Submitting Required Documents, 16-11 Correct and Complete Copies, 16-9 Superior VA

VA_Guidelines.txt

3e290419-81ac-42a8-98da-db48d05f9e17

Correct and Complete Copies, 16-9 Superior VA Lien, 16-2 Dated Opinion, 16-11 Table of Required Documents, 16-9 Document Accuracy, 16-7 Title, 16-11 Documenting Amendments After Project Approval, Title Requirements for Every VA loan, 16-2 16-8 Use of Attorney’s Opinion

VA_Guidelines.txt

d78b2f44-b0f2-4834-b184-05d3693d5ca5

.

VA_Guidelines.txt

2b2140ba-04f8-45c0-a99f-7c89712ac54f

See Section 16-B Documents Subject to Rescission or Reformation, 16- Use of Previously Approved Documents, 16-6 8 VA Approval Related Requirements, 16-4 Expediting VA Approvals, 16-6 VA Approved Condominium List Internet Address, First Mortgages Holders Rights, 16-8 16-1 Identification of the Project Requirements, 16-2 VA Decision, 16-7 Identifying Other Assumptions, 16-9 VA Process for Approving

VA_Guidelines.txt

3db3f90c-07d4-4b57-98f1-671f1de390dd

Other Assumptions, 16-9 VA Process for Approving Requests, 16-5 Identifying Variations, 16-4 VA Required Documents, 16-9 Inference, 16-11 Value of the Subject Property, 16-3 Location of the Regulations Internet Address, 16-28 Violations, 16-7 Master or Umbrella Association, 16-5 Waivers or Limitations, 16-8 Mixed—Use Development, 16-5 Zoning Requirements, 16-10 January 1, 2001 16-B-29 VA Pamphlet

VA_Guidelines.txt

dcf98c81-6f41-4aec-bed3-2196847b980e

16-10 January 1, 2001 16-B-29 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants Chapter 17 VA Sanctions Against Program Participants Overview Introduction VA is authorized to impose sanctions against persons or entities who take actions which are detrimental to the VA loan guaranty program

VA_Guidelines.txt

adf8804c-5a22-41b2-a950-2c7ba87ec9a6

.

VA_Guidelines.txt

18abc554-72ff-4d95-993e-c79c3bbf5e19

The type and severity of the sanction imposed is based on the type of participant (for example, lender, builder, management broker, etc.), and the nature of the actions (for example., fraud, significant deficiencies in performance, ongoing disregard for VA requirements, and so on).

VA_Guidelines.txt

859d8057-2cd5-4e3c-a921-0c42052e0b17

Sanctions may be imposed in the form of civil money penalties, and/or the participant’s full or partial exclusion from participation in the VA loan guaranty program for a certain period of time. Appeal Rights VA provides appeal rights to all program participants against whom sanctions are imposed.

VA_Guidelines.txt

1eeff3d8-bba2-40dd-ae95-189b3bca1446

The notice informing the participant that sanctions will be or are imposed explains what the participant must do to appeal VA’s decision. In this Chapter This chapter contains the following topics.

VA_Guidelines.txt

7209d0f3-3f69-4a95-a754-578dd72357bc

Topic See Page 17.01 Program Participants 17-2 17.02 False Lender Certification 17-6 17.03 Withdrawal of Automatic Authority 17-7 17.04 Withdrawal of LAPP Authority 17-11 17.05 Debarment and Suspension 17-15 17.06 Limited Denial of Participation (LDP) 17-18 17.07 Unfair Contract Provisions or Marketing Practices 17-21 17

VA_Guidelines.txt

6d75f426-42f0-411a-ae5f-1fc182e4c4d6

.08 Violations of Equal Housing Opportunity Laws 17-23 17-1 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.01 Program Participants Program Any person or entity conducting business related to the VA loan guaranty Participants program is considered a program participant.

VA_Guidelines.txt

8ace3341-27a6-4a72-bb80-b6000ecd87ba

This includes, but is not limited to lenders employees of lenders loan holders loan servicers builders real estate brokers or agents management brokers repair contractors compliance inspectors fee appraisers salespersons, and manufactured home manufacturers, dealers or park operators. Note: A person is not considered a program participant just because he or she obtains a VA loan.

VA_Guidelines.txt

e7feb1f3-f1e8-406d-a774-dec3d0e76e37

Program VA may impose sanctions against a program participant who is also a veteran Participant eligible for loan guaranty benefits. This does not preclude the veteran from Also A Veteran using his or her entitlement to obtain a VA-guaranteed loan.

VA_Guidelines.txt

e72c8840-32fd-4036-97b6-62c397a8db79

Continued on next page 17-2 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.01 Program Participants, Continued Full Exclusion A participant who is fully excluded may not conduct any type of VA loan guaranty business, or have another party conduct such business on his or her behalf.

VA_Guidelines.txt

5deaeefa-14b9-4982-86d9-d63200455dc1

Partial Partial exclusion may involve limitations on Exclusion the role the participant may play, or how the participant conducts VA loan guaranty business.

VA_Guidelines.txt

3f94374e-d6b0-474a-8292-823912f7f61f

Program Program participants may not Participants and Excluded do VA business with an excluded party if the type of transaction involved is Parties prohibited by the terms of the party’s exclusion, or allow an employed excluded party to perform prohibited duties.

VA_Guidelines.txt

97cc0ee3-5d0c-4f89-a886-dc8939ee234e

Violation of the above restrictions may result in VA sanctions against the program participant doing business with (or employing) the excluded party. Identifying Participants may check the List of Parties Excluded From Federal Excluded Procurement and Nonprocurement Programs published by the U. S. General Parties Services Administration (GSA).

VA_Guidelines.txt

d01579bd-c5a2-420f-a34f-934c8db7b494

S. General Parties Services Administration (GSA). The list can be obtained in hard copy by subscription through the Superintendent of Documents, U. S. Government Printing Office, Washington, DC 20402, and electronically, via the Internet at www.epls.arnet@gsa/gov. Note: Contact GSA at (202)501-4740, or, online at [email protected] for details.

VA_Guidelines.txt

be544425-9ccd-420e-9289-2d17ec998294

Continued on next page 17-3 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.01 Program Participants, Continued Nature of Some of the parties on this list may be excluded from Exclusion participation in the programs of all Federal agencies, including VA, or a specific program of a specific Federal agency.

VA_Guidelines.txt

03bc3ef9-f462-4e28-996c-5c960f0055c6

Cause and The cause and treatment codes provide information on the nature of the Treatment exclusion. These codes are described in the document and at the GSA Codes website, above.

VA_Guidelines.txt

febe4735-1d31-47b1-a50b-065d42221e51

Obtaining Call the contact person for the agency that placed the excluded party on the Information on list if Excluded Party more detail is necessary to confirm the identity of a party on the list, or to clarify the nature or length of the sanction.

VA_Guidelines.txt

a140e103-bc86-49c3-834c-9b0d4188ca1d

Non- For parties placed on the non-procurement list by VA (indicated by the code procurement “VA”), obtain any necessary clarifying information from the local VA office List with jurisdiction over the city and state listed in the excluded party’s address. Parties Not on Some of the VA sanctioned parties may not appear on the GSA list.

VA_Guidelines.txt

e5fedc19-5152-4eff-adc3-b939b20fea27

GSA List Information on such parties can be obtained by contacting the local VA office.

VA_Guidelines.txt

3e1a60e1-9273-422a-81a4-66d1b6672bb0

Continued on next page 17-4 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17

VA_Guidelines.txt

c3cc3bd9-44d0-4e79-894a-dd6643ef212e

.01 Program Participants, Continued Lender Check Lenders and other parties may want to check whether a program participant On Excluded has been excluded prior to Parties employing the program participant, or participating in a VA loan guaranty-related transaction, if the program participant is also a party to the transaction.

VA_Guidelines.txt

ea6f0eee-d9ae-40dc-bd5a-a60638ca8512

Note: This does not refer to a veteran using entitlement to obtain a VA loan. Reasons For The following illustrates some of the reasons why a lender/other party would Lender Check want to check on a participant’s exclusion. A lender hiring an underwriter for its VA lending activities may want to verify that the underwriter is not an excluded party.

VA_Guidelines.txt

00cb6363-eb2e-41af-b77c-e491954fd45c

A lender making a loan to a veteran for new construction is told by another lender that the builder has had problems with some of its HUD/FHA transactions. The lender may want to verify that the builder is not an excluded party.

VA_Guidelines.txt

e1710986-629f-41de-a77b-efa2734b505e

A management broker establishing a panel of contractors to do repairs to VA-owned properties must ensure that none of the panel members are excluded parties. 17-5 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17

VA_Guidelines.txt

2b829dc4-b284-4499-bebe-4456cd049a73

.02 False Lender Certification Lender A lender must submit a signed certification with each loan submission Certification indicating that in processing and underwriting the loan, the lender has complied with VA requirements regulations, and the law.

VA_Guidelines.txt

3a27222d-07be-4258-ad9d-e2996996933d

The specific language required in the certification is found in Step 7 of “Lender Procedures” in Section 4.01. False Lender Any lender who knowingly and willfully makes a false certification may be Certification subject to civil money penalties equal to the greater of two times the amount of the Government’s loss on the loan involved, or another appropriate amount, not to exceed $10,000.

VA_Guidelines.txt

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In addition to monetary penalties, VA may impose other sanctions including, but not limited to debarment and suspension, and loss of automatic authority. Lenders Lenders assessed civil money penalties for a false certification do not appear Assessed in GSA’s List of Parties Excluded From Federal Procurement and Monetary Nonprocurement Programs.

VA_Guidelines.txt

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Other program participants may still transact Penalty VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them in conjunction with the civil money penalty.

VA_Guidelines.txt

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In such cases, other program participants may be prohibited from transacting business with them. 17-6 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.03 Withdrawal of Automatic Authority Withdrawal VA can withdraw a lender’s automatic authority for proper cause, after giving For Proper the lender 30 days’ notice.

VA_Guidelines.txt

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This applies to both Cause supervised, and nonsupervised lenders. Submitting The lender may continue processing loans on a prior approval basis after Loans for Prior automatic authority has been withdrawn. Approval Note: It is the lender’s responsibility to submit all loans for prior approval as long as automatic authority is withdrawn.

VA_Guidelines.txt

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VA Business Lenders with their automatic authority withdrawn do not appear in GSA’s With Other List of Parties Excluded From Federal Procurement and Nonprocurement Participants Programs. Other program participants may still transact VA business with these lenders. Exception: Lenders may appear on the GSA list if another sanction is imposed against them.

VA_Guidelines.txt

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In such cases, other program participants may be prohibited from transacting business with them.

VA_Guidelines.txt

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Withdrawal for Withdrawal for an indefinite period can be based on an Indefinite Period failure to continue meeting basic qualifying criteria for supervised lenders this includes loss of status as an entity subject to examination and supervision by a Federal or state regulatory agency for nonsupervised lenders this includes no approved underwriter, failure to maintain $50,000 working capital,

VA_Guidelines.txt

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failure to maintain $50,000 working capital, and/or failure to file the required financial statements any of the causes for debarment set forth in 38 CFR 44

VA_Guidelines.txt

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.305, or poor underwriting or consistently careless processing during the probationary period for newly-approved nonsupervised automatic lenders. [38 CFR 44.305] Continued on next page 17-7 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17

VA_Guidelines.txt

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.03 Withdrawal of Automatic Authority, Continued Withdrawal Refer to the following table for information on withdrawal time periods.

VA_Guidelines.txt

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Time Periods Withdrawal A withdrawal period of 60 days can be based on any of the following Period: 60 situations: Days Loan submissions show deficiencies in credit underwriting after repeatedly being called to the lender's attention. Use of unstable sources of income to qualify borrower or ignoring significant adverse credit items affecting applicant’s creditworthiness.

VA_Guidelines.txt

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Employment or deposit verifications are hand-carried by applicants or otherwise improperly permitted to pass through the hands of a third party. Loan submissions are consistently incomplete after repeatedly being called to the lender's attention There are continued instances of disregard of VA requirements after repeatedly being called to the lender's attention.

VA_Guidelines.txt

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Continued on next page 17-8 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.03 Withdrawal of Automatic Authority, Continued Withdrawal A withdrawal period of 180 days can be based on any of the following Period: 180 situations: Days Loans conflict with VA credit standards and would not have been made by a lender acting prudently.

VA_Guidelines.txt

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Failure to disclose to VA significant obligations or other information which affects the veteran’s ability to repay the loan, and which results in undue risk to the Government. Employment or deposit verifications are handcarried by the applicant or otherwise mishandled, resulting in submission of significant misinformation to VA.

VA_Guidelines.txt

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Substantiated complaints are received that the lender misrepresented VA requirements to veterans to the detriment of their interests. Example The veteran was dissuaded from seeking a lower interest rate based on the lender's incorrect advice that such options were excluded by VA requirements.

VA_Guidelines.txt

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Closing documents show instances of improper charges to veteran after the impropriety of such charges are called to lender’s attention by VA, or the lender refuses to refund such charges after notification by VA. Deliberate delays in scheduling loan closings.

VA_Guidelines.txt

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Deliberate delays in scheduling loan closings. Continued on next page 17-9 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.03 Withdrawal of Automatic Authority, Continued Withdrawal A withdrawal period of 1-3 years can be based on any of the situations Period: 1-3 described in the table below.

VA_Guidelines.txt

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Years Situation Example Failure to properly disburse loans Loan disbursement checks are returned due to insufficient funds. Involvement by the lender in the Knowingly permitting the veteran to improper use of a veteran's violate occupancy requirements, or entitlement lender involvement in the veteran’s sale of entitlement to a third party.

VA_Guidelines.txt

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Lender makes the loan with the knowledge that the veteran is not purchasing the property to be his or her home.

VA_Guidelines.txt

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Instead, the veteran intends to transfer title to a third party who assumes the loan shortly after closing. 17-10 VA Pamphlet 26-7, Revised Chapter 17: VA Sanctions Against Program Participants 17.04 Withdrawal of LAPP Authority LAPP is a The authority to determine value under LAPP is a privilege delegated to Privilege lenders at VA’s discretion.

VA_Guidelines.txt

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Lenders maintain this privilege by complying with all applicable LAPP-related VA requirements. Withdrawal or VA can amend or withdraw the special privilege of LAPP authority from a Amendment for lender for proper cause. This applies to both supervised and nonsupervised Proper Cause lenders with automatic authority that have been granted LAPP authority.

VA_Guidelines.txt

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Withdrawal LAPP authority can be withdrawn for a specific or indefinite period of time.

VA_Guidelines.txt

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Time Period Continued on next page 17-11 Chapter 17: VA Sanctions Against Program Participants VA Pamphlet 26-7, Revised 17.04 Withdrawal of LAPP Authority, Continued Examples of The following is a non-inclusive list of examples of proper cause that can Withdrawal for form a basis for withdrawal of LAPP authority.

VA_Guidelines.txt

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Proper Cause Technical incompetence Conduct demonstrating insufficient knowledge of industry-accepted appraisal principles, techniques and practices and/or the inability to adequately apply them in reviewing appraisal reports and making value determinations for VA purposes.

VA_Guidelines.txt

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Substantive or repetitive errors A substantive error is one which significantly involves the value determination or condition of the property. In the aggregate, nonsubstantive errors which are frequently repeated may also indicate that LAPP case reviews are being performed in a careless or negligent manner.

VA_Guidelines.txt

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Disregard for VA requirements Continued disregard for the VA requirements and procedures outlined in VA regulations, guidelines, instructions or applicable laws, after the problem has been brought to the lender's attention.

VA_Guidelines.txt