§3727 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary of Veterans Affairs may use the fund in section 3722 to help one- to four-family homes that the VA or FHA inspected during construction if the home has serious structural defects that make it hard to live in. The Secretary can pay to fix the defects, pay the owner’s claims, or take title to the property. The owner must ask for help within four years (or a shorter time the Secretary sets) after the mortgage was made, guaranteed, or insured, and the mortgage must be under this law and dated after May 7, 1968. The Secretary will set the rules for these actions, and those decisions are final and cannot be reviewed by a court.

Title 38, §3727

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Department of Veterans Affairs or the Federal Housing Administration which the Secretary finds to have structural defects seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property; except that such authority of the Secretary shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Secretary may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter after May 7, 1968.

(b)The Secretary shall by regulation prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section, and the Secretary’s decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive, and shall not be subject to judicial review.

(c)The Secretary is authorized to make expenditures for the purposes of this section from the fund established pursuant to section 3722 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–368, § 1005(b)(11), substituted “May 7, 1968” for “the date of enactment of this section”. Subsec. (c). Pub. L. 105–368, § 602(e)(1)(C), substituted “fund established pursuant to section 3722 of this title” for “funds established pursuant to section 3723 and 3724 of this title, as applicable”. 1991—Pub. L. 102–83, § 5(a), renumbered section 1827 of this title as this section. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3723 and 3724” for “1823 and 1824”. 1989—Pub. L. 101–237 substituted “Secretary”, “Secretary’s”, and “Department of Veterans Affairs” for “Administrator”, “Administrator’s”, and “Veterans’ Administration”, respectively, wherever appearing. 1976—Subsec. (a). Pub. L. 94–324 substituted “the Administrator finds” for “he finds”. Subsec. (b). Pub. L. 94–324 substituted “the Administrator’s” for “his”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by section 602 of Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.

§3727 Expenditures to correct or compensate for structural defects in mortgaged homes

Summary

Title 38, §3727

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata