80 FR 45718 - Loan Guaranty: Maximum Allowable Attorney Fees
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 80, Issue 147 (July 31, 2015)
Federal Register Volume 80, Issue 147 (July 31, 2015)
| Page Range | 45718-45720 | |
| FR Document | 2015-18762 |
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)] [Notices] [Pages 45718-45720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18762] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS Loan Guaranty: Maximum Allowable Attorney Fees AGENCY: Department of Veterans Affairs (VA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice provides information to participants in the Department of Veterans Affairs (VA) Home Loan Guaranty program concerning the maximum attorney fees allowable in calculating the indebtedness used to determine the guaranty claim payable upon loan termination. The table in this notice contains the amounts the Secretary has determined to be reasonable and customary for all States, following an annual review of amounts allowed by other government- related home loan programs. DATES: The new maximum attorney fees will be allowed for all loan terminations completed on or after August 31, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Andrew Trevayne, Assistant Director for Loan and Property Management (261), Loan Guaranty Service, Department of Veterans Affairs, Washington, DC 20420, (202) 632-8795 (Not a toll-free number). SUPPLEMENTARY INFORMATION: The VA Home Loan Guaranty program authorized by title 38, United States Code (U.S.C.), Chapter 37, offers a partial guaranty against loss to lenders who make home loans to veterans. VA regulations concerning the payment of loan guaranty claims are set forth at 38 CFR 36.4300, et seq. Computation of guaranty claims is addressed in 38 CFR 36.4324, which states that one part of the indebtedness upon which the guaranty percentage is applied is the allowable expenses/advances as described in 38 CFR 36.4314 (redesignated from 36.4814). Paragraph (b)(5)(ii) of section 34.4314 describes the procedures to be followed in [[Page 45719]] determining what constitutes the reasonable and customary fees for legal services in the termination of a loan. The Secretary annually reviews allowances for legal fees in connection with the termination of single-family housing loans, including foreclosure, deed-in-lieu of foreclosure, and bankruptcy- related services, issued by the Department of Housing and Urban Development (HUD), Fannie Mae, and Freddie Mac. Based on increases announced over the past year by these entities, the Secretary has deemed it necessary to publish in the Federal Register a table setting forth the revised amounts the Secretary now determines to be reasonable and customary. The table reflects the primary method for foreclosing in each state, either judicial or non-judicial, with the exception of those states where either judicial or non-judicial is acceptable. The use of a method not authorized in the table will require prior approval from VA. This table will be available throughout the year at: http://www.benefits.va.gov/homeloans/. The new VA table closely mirrors amounts and methods for foreclosure allowed by Fannie Mae. Unlike Fannie Mae, however, VA continues to prefer the judicial method of foreclosure in Hawaii. Although there have been changes to include the Hawaii non-judicial foreclosure statutes since our last publication, we believe that, with regard to VA-guaranteed loans, prudent lenders and attorneys in the community continue to prefer the protections provided by the judicial method of foreclosure. Two other jurisdictions require special mention. Oregon foreclosure practice has continued to see changes since our last notice. VA understands that some cases may require judicial proceedings while others might be suitable for non-judicial actions. Rather than having to pre-approve each foreclosure, we indicate in this notice that both methods of foreclosure are acceptable in Oregon, with neither method requiring prior approval from VA. In addition, the entry for the District of Columbia has been revised to reflect the acceptance of both judicial and non-judicial foreclosure proceedings. Although VA believes that non-judicial foreclosure remains an option in the District of Columbia, VA understands that judicial foreclosure is now more common and is also accepted by Fannie Mae. There is no change to the amounts VA will allow for attorney fees for deeds-in-lieu of foreclosure or for bankruptcy relief. VA will continue to monitor these fees on an annual basis, as we are aware that other entities are conducting ongoing reviews of these fees. The following table represents the Secretary's determination of the reasonable and customary cost of legal services for the preferred method of terminating VA loans in each jurisdiction under the provisions of 38 CFR 36.4314(b)(5)(ii). These amounts will be allowed for all loan terminations completed on or after August 31, 2015. ---------------------------------------------------------------------------------------------------------------- VA non-judicial VA judicial Deed-in-lieu of Jurisdiction foreclosure 1 2 foreclosure 1 2 foreclosure ---------------------------------------------------------------------------------------------------------------- Alabama................................................ $1,325 N/A $350 Alaska................................................. 1,600 N/A 350 Arizona................................................ 1,350 N/A 350 Arkansas............................................... 1,400 N/A 350 California............................................. 1,350 N/A 350 Colorado............................................... 1,650 N/A 350 Connecticut............................................ N/A 2,450 350 Delaware............................................... N/A 1,800 350 District of Columbia................................... 1,200 N/A 350 Florida................................................ N/A 2,800 350 Georgia................................................ 1,325 N/A 350 Guam................................................... 1,600 N/A 350 Hawaii................................................. N/A 2,950 350 Idaho.................................................. 1,150 N/A 350 Illinois............................................... N/A 2,300 350 Indiana................................................ N/A 2,050 350 Iowa................................................... 850 1,880 350 Kansas................................................. N/A 1,800 350 Kentucky............................................... N/A 2,250 350 Louisiana.............................................. N/A 1,900 350 Maine.................................................. N/A 2,300 350 Maryland............................................... 2,400 N/A 350 Massachusetts.......................................... N/A 2,550 350 Michigan............................................... 1,425 N/A 350 Minnesota.............................................. 1,450 N/A 350 Mississippi............................................ 1,200 N/A 350 Missouri............................................... 1,350 N/A 350 Montana................................................ 1,150 N/A 350 Nebraska............................................... 1,150 N/A 350 Nevada................................................. 1,525 N/A 350 New Hampshire.......................................... 1,350 N/A 350 New Jersey............................................. N/A 2,975 350 New Mexico............................................. N/A 2,000 350 New York--Western Counties \3\......................... N/A 2,675 350 New York--Eastern Counties............................. N/A 3,475 350 North Carolina......................................... 1,575 N/A 350 North Dakota........................................... N/A 1,750 350 Ohio................................................... N/A 2,250 350 Oklahoma............................................... N/A 2,000 350 Oregon................................................. 1,350 N/A 350 Pennsylvania........................................... N/A 2,350 350 Puerto Rico............................................ N/A 2,050 350 [[Page 45720]] Rhode Island........................................... 1,725 N/A 350 South Carolina......................................... N/A 1,650 350 South Dakota........................................... N/A 2,200 350 Tennessee.............................................. 1,200 N/A 350 Texas.................................................. 1,325 N/A 350 Utah................................................... 1,350 N/A 350 Vermont................................................ N/A 2,250 350 Virgin Islands......................................... N/A 1,800 350 Virginia............................................... 1,350 N/A 350 Washington............................................. 1,350 N/A 350 West Virginia.......................................... 1,150 N/A 350 Wisconsin.............................................. N/A 2,000 350 Wyoming................................................ 1,150 N/A 350 ---------------------------------------------------------------------------------------------------------------- \1\ When a foreclosure is stopped due to circumstances beyond the control of the holder or its attorney (including, but not limited to bankruptcy, VA-requested delay, property damage, hazardous conditions, condemnation, natural disaster, property seizure, or relief under the Servicemembers Civil Relief Act) and then restarted, VA will allow a $350 restart fee in addition to the base foreclosure attorney fee. This fee recognizes the additional work required to resume the foreclosure action, while also accounting for the expectation that some work from the previous action may be utilized in starting the new action. \2\ VA will allow attorney fees of $650 (Chapter 7) or $850 (initial Chapter 13) for obtaining bankruptcy releases directly related to loan termination. For additional relief filed under either chapter, VA will allow an additional $250. \3\ Western Counties of New York for VA are: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Steuben, Wayne, Wyoming, and Yates. The remaining counties are in Eastern New York. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Nabors, II, Chief of Staff approved this document on July 24, 2015, for publication. Dated: July 27, 2015. William F. Russo, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs. [FR Doc. 2015-18762 Filed 7-30-15; 8:45 am] BILLING CODE 8320-01-P
![45718 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
candidates to be considered for Veterans. The Committee currently Committee shall be made without
appointment to the Veterans Rural meets in person twice a year and may discrimination because of a person’s
Health Advisory Committee (VRHAC). meet at other times by teleconference as race, color, religion, sex (including
The Committee advises the Secretary on needed. Members serve an initial three- gender identity, transgender status,
ways to improve and enhance access to year term and the Secretary may sexual orientation, and pregnancy),
VA healthcare services for enrolled reappoint members for additional terms national origin, age, disability, or
Veterans residing in rural areas and the of service. During the course of their genetic information. An ethics review is
identification of barriers to providing terms, Committee members are expected conducted for each selected nominee.
services. The Committee makes to attend all meetings and to contribute Dated: July 28, 2015.
recommendations to the Secretary their time and expertise to Committee Rebecca Schiller,
regarding such activities. Nominations projects. It is the potential candidate’s
Committee Management Office.
of qualified candidates are being sought responsibility to identify possible
[FR Doc. 2015–18808 Filed 7–30–15; 8:45 am]
to fill upcoming vacancies on the conflict(s) of interest that might affect
their objectivity and recommendations BILLING CODE 8320–01–P
Committee.
Authority: The Committee was submitted to the Secretary. If a potential
established in accordance with 5 U.S.C. conflict is identified, detailed
information about the possible conflict DEPARTMENT OF VETERANS
2. AFFAIRS
DATES: Nominations for membership on
such as employment, research grants
the Committee must be received no later and/or contracts must be provided to Loan Guaranty: Maximum Allowable
than 5:00 p.m. EST on December 15, permit evaluation of possible conflicts Attorney Fees
2015. of interest.
Professional Qualifications: Nominee AGENCY: Department of Veterans Affairs
ADDRESSES: Nominations should be must have experience working on (VA).
submitted to the VA Office of Rural Veterans’ policy issues at the local, ACTION: Notice.
Health by email at VRHAC@va.gov or state, and regional level and have a
United States Postal Service to VA thorough understanding of how the SUMMARY: This notice provides
Office of Rural Health, 810 Vermont rural national policy arena operates. information to participants in the
Ave., Mail Code 10P1R, Washington, DC Requirements for Nomination Department of Veterans Affairs (VA)
20420. Submission: Nominations should be Home Loan Guaranty program
FOR FURTHER INFORMATION CONTACT: Mr. type written (one nomination per concerning the maximum attorney fees
Elmer D. Clark, VA Office of Rural nominator). Nomination package should allowable in calculating the
Health, Department of Veterans Affairs, include: (1) A letter of nomination that indebtedness used to determine the
810 Vermont Ave. NW., Mail Code clearly states the name and affiliation of guaranty claim payable upon loan
10P1R, Washington, DC 20420, the nominee, the basis for the termination. The table in this notice
Telephone (202) 632–8578. A copy of nomination (i.e., specific attributes contains the amounts the Secretary has
the Committee charter and list of the which qualify the nominee for service in determined to be reasonable and
current membership can be obtained by this capacity), and a statement from the customary for all States, following an
contacting Mr. Clark or by accessing the nominee indicating a willingness to annual review of amounts allowed by
Web site: http:// serve as a member of the Committee; (2) other government-related home loan
www.ruralhealth.va.gov/VRHAC/ the nominee’s contact information, programs.
index.asp. including name, mailing address, DATES: The new maximum attorney fees
telephone numbers, and email address; will be allowed for all loan terminations
SUPPLEMENTARY INFORMATION: The (3) the nominee’s curriculum vitae, and
Committee was established by direction completed on or after August 31, 2015.
(4) a summary of the nominee’s
of the Secretary of Veterans Affairs, and FOR FURTHER INFORMATION CONTACT: Mr.
experience and qualification relative to
operates under the provisions of the Andrew Trevayne, Assistant Director for
the professional qualifications criteria
Federal Advisory Committee Act, as Loan and Property Management (261),
listed above. Self-nominations are
amended, 5 U.S.C. 2. The Committee Loan Guaranty Service, Department of
welcome. Third-party nominations must
consists of 12 appointed members and Veterans Affairs, Washington, DC
indicate that the nominee has been
4 appointed ex-officio members, 20420, (202) 632–8795 (Not a toll-free
contacted and is willing to serve.
appointed by the Secretary of VA. The Membership Terms: Individuals number).
Committee is tasked with examining selected for appointment to the SUPPLEMENTARY INFORMATION: The VA
ways to enhance health care services for Committee shall be invited to serve a Home Loan Guaranty program
Veterans in rural areas. The Committee three-year term. Committee members authorized by title 38, United States
works in collaboration with the VA will receive a stipend for attending Code (U.S.C.), Chapter 37, offers a
Office of Rural Health (ORH) to discuss Committee meetings, including per partial guaranty against loss to lenders
programs and policies that impact the diem and reimbursement for travel who make home loans to veterans. VA
provision of VA health care services to expenses incurred. regulations concerning the payment of
Veterans in rural areas. The Committee The Department makes every effort to loan guaranty claims are set forth at 38
hosts a minimum of two committee ensure that the membership of its CFR 36.4300, et seq. Computation of
meetings a year and provides a written Federal advisory committees is fairly guaranty claims is addressed in 38 CFR
asabaliauskas on DSK5VPTVN1PROD with NOTICES
summary of committee activities to the balanced in terms of points of view 36.4324, which states that one part of
VA Secretary on an annual basis. represented and the committee’s the indebtedness upon which the
Membership Criteria: Nominee must function. Every effort is made to ensure guaranty percentage is applied is the
understand how policy affects rural that a broad representation of allowable expenses/advances as
Veterans, their families, and the rural geographic areas, males and females, described in 38 CFR 36.4314
communities where they live and be racial and ethnic minority groups, and (redesignated from 36.4814). Paragraph
familiar with services, provisions, and the disabled are given consideration for (b)(5)(ii) of section 34.4314 describes the
benefits issues as they pertain to rural membership. Appointment to this procedures to be followed in
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![45720 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
VA non-judicial VA judicial Deed-in-lieu of
Jurisdiction foreclosure 1 2 foreclosure 1 2 foreclosure
Rhode Island .............................................................................................................. 1,725 N/A 350
South Carolina ........................................................................................................... N/A 1,650 350
South Dakota ............................................................................................................. N/A 2,200 350
Tennessee ................................................................................................................. 1,200 N/A 350
Texas ......................................................................................................................... 1,325 N/A 350
Utah ........................................................................................................................... 1,350 N/A 350
Vermont ..................................................................................................................... N/A 2,250 350
Virgin Islands ............................................................................................................. N/A 1,800 350
Virginia ....................................................................................................................... 1,350 N/A 350
Washington ................................................................................................................ 1,350 N/A 350
West Virginia .............................................................................................................. 1,150 N/A 350
Wisconsin ................................................................................................................... N/A 2,000 350
Wyoming .................................................................................................................... 1,150 N/A 350
1 When a foreclosure is stopped due to circumstances beyond the control of the holder or its attorney (including, but not limited to bankruptcy,
VA-requested delay, property damage, hazardous conditions, condemnation, natural disaster, property seizure, or relief under the
Servicemembers Civil Relief Act) and then restarted, VA will allow a $350 restart fee in addition to the base foreclosure attorney fee. This fee
recognizes the additional work required to resume the foreclosure action, while also accounting for the expectation that some work from the pre-
vious action may be utilized in starting the new action.
2 VA will allow attorney fees of $650 (Chapter 7) or $850 (initial Chapter 13) for obtaining bankruptcy releases directly related to loan termi-
nation. For additional relief filed under either chapter, VA will allow an additional $250.
3 Western Counties of New York for VA are: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orle-
ans, Steuben, Wayne, Wyoming, and Yates. The remaining counties are in Eastern New York.
Signing Authority Participants will be asked to identify DEPARTMENT OF VETERANS
The Secretary of Veterans Affairs, or themselves to gain access to the AFFAIRS
designee, approved this document and meeting.
Research Advisory Committee on Gulf
authorized the undersigned to sign and The purpose of the SMAG is to advise
War Veterans’ Illnesses; Notice of
submit the document to the Office of the the Secretary of Veterans Affairs and the
Meeting
Federal Register for publication Under Secretary for Health on the care
electronically as an official document of and treatment of disabled Veterans, and The Department of Veterans Affairs
the Department of Veterans Affairs. other matters pertinent to the (VA) gives notice under Public Law 92–
Robert L. Nabors, II, Chief of Staff Department’s Veterans Health 463 Federal Advisory Committee Act, 5
approved this document on July 24, Administration (VHA). U.S.C. App 2, that the Research
2015, for publication. Advisory Committee on Gulf War
The agenda for the August 25, 2015,
Dated: July 27, 2015. meeting will include the review of the Veterans’ Illnesses will meet on
William F. Russo, minutes and key points from the May September 29, 2015, in Washington, DC.
Acting Director, Office of Regulation Policy 13, 2015, SMAG meeting and further The meeting will be held in Room 230,
& Management, Office of the General Counsel, discussion of the key elements of the 810 Vermont Avenue NW., Washington,
U.S. Department of Veterans Affairs. DC from 9:00 a.m. until 5:30 p.m. All
VHA Blueprint for Excellence.
[FR Doc. 2015–18762 Filed 7–30–15; 8:45 am] sessions will be open to the public, and
BILLING CODE 8320–01–P
Although no time will be allocated for for interested parties who cannot attend
receiving oral presentations from the in person, there is a toll-free telephone
public, members of the public may number (800–767–1750; access code
DEPARTMENT OF VETERANS submit written statements for review by 56978#).
AFFAIRS the Committee to Barbara Hyduke, The purpose of the Committee is to
Department of Veterans Affairs, Office provide advice and make
Special Medical Advisory Group; of Patient Care Services (10P4), Veterans recommendations to the Secretary of
Notice of Meeting—Rescheduled Health Administration, 810 Vermont Veterans Affairs on proposed research
The Department of Veterans Affairs Avenue NW., Washington, DC 20420, or studies, research plans, and research
(VA) gives notice under the Federal by email at barbara.hyduke@va.gov. strategies relating to the health
Advisory Committee Act, 5 U.S.C. App. If you plan to listen to the meeting, consequences of military service in the
2 that the Special Medical Advisory please call in at least 15 minutes the Southwest Asia theater of operations
Group (SMAG) meeting previously start of the meeting; callers will not be during the Gulf War in 1990–1991.
scheduled for August 25, 2015, from 9 given access after 9:00 a.m. Any member The Committee will review VA
a.m. to 11 a.m. Eastern Time, as of the public wishing to attend the program activities related to Gulf War
published in the Federal Register on meeting or seeking additional Veterans’ illnesses, and updates on
page 45019, has been rescheduled. The information should contact Ms. Hyduke relevant scientific research published
meeting is now scheduled for since the last Committee meeting.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
at (202) 461–7800 or by the email
September 10, 2015, from 11 a.m.—1 address noted above. Presentations will include updates on
p.m. Eastern Time. The meeting is open the VA and Department of Defense Gulf
to the public. Call-in access is 1–800– Dated: July 28, 2015. War research programs, along with
767–1750; access code 07245. Members Rebecca Schiller, research presentations describing
of the public may join the conference Advisory Committee Management Officer. neurological problems in Gulf War
call to listen to the discussion; there [FR Doc. 2015–18805 Filed 7–30–15; 8:45 am] Veterans. There will also be a
will be no participation in the BILLING CODE 8320–01–P
discussion of Committee business and
discussion by members of the public. activities.
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Document Created: 2015-12-15 12:59:40
Document Modified: 2015-12-15 12:59:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The new maximum attorney fees will be allowed for all loan terminations completed on or after August 31, 2015. | |
| Contact | Mr. Andrew Trevayne, Assistant Director for Loan and Property Management (261), Loan Guaranty Service, Department of Veterans Affairs, Washington, DC 20420, (202) 632-8795 (Not a toll-free number). | |
| FR Citation | 80 FR 45718 |
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