This Is One of the Most Important VA Assumption Concepts
Imagine a veteran sells a house. The buyer assumes the VA mortgage. The seller receives proceeds and moves out. The seller reasonably thinks, "my VA loan is gone."
Not necessarily. From the entitlement perspective, the old VA guaranty may still be using part of the seller's entitlement.
What Is VA Entitlement?
VA entitlement relates to the amount of VA guaranty available to support the veteran's qualifying VA financing. It is not cash, equity or a down-payment account. It is part of the VA guaranty framework.
Two Separate Questions
Release of liability answers this question:
IS THE SELLER STILL PERSONALLY LIABLE FOR THE LOAN?
Substitution of entitlement answers this question:
WHOSE VA ENTITLEMENT SUPPORTS THE LOAN?
Completely different questions. Under VA's current servicing guidance, they are separate determinations.
Civilian Assumption
A civilian has no VA entitlement to substitute. Therefore the seller's VA entitlement can remain tied to the loan.
Veteran Assumption Without Substitution
Even if the buyer is a veteran, entitlement substitution needs to be properly requested and processed. Do not assume veteran status alone accomplishes it.
Veteran Assumption With Substitution
If eligible and approved, the assuming veteran can substitute their entitlement. That can allow the selling veteran's associated entitlement to be restored.
Why Sellers Need This Calculation Before Contract
Because the seller may be buying again immediately. Suppose their next purchase is:
Next VA purchase price
$700,000
Illustrative figure only. The amount of remaining VA entitlement could materially affect the required financing structure on that next home.
What Should Lisa Encourage a VA Seller to Do?
Before accepting an assumption offer:
TALK TO A VA-SPECIALIZED LENDER ABOUT THE NEXT PURCHASE.
Determine:
- Remaining entitlement
- Impact of a civilian assumption
- Impact of a veteran substitution
- Potential down payment on the next VA purchase
This avoids a surprise after the current home is already under contract.