Title 38 — Veterans' BenefitsRelease 119-73

§3721 Incontestability

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 37— - HOUSING AND SMALL BUSINESS LOANS › Subchapter SUBCHAPTER III— - ADMINISTRATIVE PROVISIONS › § 3721

Last updated Apr 6, 2026|Official source

Summary

A guaranty or insurance document signed by the Secretary is final proof that the loan qualified for the guaranty or insurance and shows how much is covered. The Secretary can still challenge the original lender for fraud or important false statements, and can use rules that were in effect on the earlier of the loan’s issuance or its disbursement to limit the amount payable under the guaranty or insurance.

Full Legal Text

Title 38, §3721

Veterans' Benefits — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1821 of this title as this section. 1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3721

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73