Partial Claim Program of the Department of Veterans Affairs
Section 3 · Sec. 3 ·
What this chapter is about
This part starts a new plan for veterans behind on a home loan. The VA can buy part of what is owed. The VA then holds a claim on the house. The plan has limits on size and count. It ends after five years.
The document says “is amended”Who acts: CongressHow: statuteSec. 3 in the PDF
What the document says
“Subchapter III of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section:”
The section operates by amendment. Everything else recorded from subsection (a) of this section is the text of a new section 3737, Partial Claim Program, that this Act puts into chapter 37 of title 38, United States Code.
What the document actually says
“Subchapter III of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section:”
That sentence, in plain words
This law adds a whole new section to an old law. It goes at the end.
What this is about
The old law covers home loans for veterans. The rest of this record is the words that go in.
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The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary shall carry out a program, to be known as the `Partial Claim Program', under which the Secretary may make a partial claim, described in subsection (b), with respect to a loan-- ``(1) guaranteed under this chapter; ``(2) regarding the primary residence of the borrower; and ``(3) that the Secretary determines is in default or at imminent risk of default.”
The new section 3737 of title 38, United States Code, requires the Secretary of Veterans Affairs to run a program by that name, and limits it to guaranteed loans on the borrower's primary residence that the Secretary finds are in default or at imminent risk of default.
What the document actually says
“The Secretary shall carry out a program, to be known as the `Partial Claim Program', under which the Secretary may make a partial claim, described in subsection (b), with respect to a loan-- ``(1) guaranteed under this chapter; ``(2) regarding the primary residence of the borrower; and ``(3) that the Secretary determines is in default or at imminent risk of default.”
That sentence, in plain words
The VA must run a new plan. It covers loans on the home a person lives in. The loan must be behind or close to it.
What this is about
A loan on a second home does not count. A loan that is paid up does not count either.
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The document says “means”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“A partial claim described in this subsection, with respect to a loan described in subsection (a), is the purchase by the Secretary of a portion of indebtedness under the loan, through a transaction under which the Secretary-- ``(1) pays to the holder of the loan the amount of indebtedness, subject to subsection (c), that the Secretary determines necessary to help prevent or resolve a default;”
The new section defines a partial claim as the Secretary of Veterans Affairs buying part of what is owed on the loan, by paying the holder the amount the Secretary judges necessary to prevent or resolve the default, within the caps set by subsection (c).
What the document actually says
“A partial claim described in this subsection, with respect to a loan described in subsection (a), is the purchase by the Secretary of a portion of indebtedness under the loan, through a transaction under which the Secretary-- ``(1) pays to the holder of the loan the amount of indebtedness, subject to subsection (c), that the Secretary determines necessary to help prevent or resolve a default;”
That sentence, in plain words
A partial claim means the VA buys part of the debt. It pays the lender what it thinks is needed.
What this is about
The veteran still owes the money. The VA is now owed part of it instead of the lender.
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The document says “means”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“receives a secured interest in the property that serves as collateral for the guaranteed loan, which is subordinate to the first lien guaranteed loan for such property.”
The other limb of the same transaction. The Secretary of Veterans Affairs takes a secured interest in the property, ranking behind the first lien held for the guaranteed loan.
What the document actually says
“receives a secured interest in the property that serves as collateral for the guaranteed loan, which is subordinate to the first lien guaranteed loan for such property.”
That sentence, in plain words
The VA gets a claim on the house. The first lender still comes first.
What this is about
If the house is sold, the first lender is paid first. The VA is paid after that.
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The document says “may not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Subject to subparagraph (B), the amount of a partial claim under this section with respect to a loan guaranteed described in subsection (a) may not exceed 25 percent of the unpaid principal balance of the loan on the date on which the partial claim is made.”
The new section caps a partial claim at 25 percent of the loan's unpaid principal balance, measured on the day the claim is made, except where the higher cap in subparagraph (B) applies.
What the document actually says
“Subject to subparagraph (B), the amount of a partial claim under this section with respect to a loan guaranteed described in subsection (a) may not exceed 25 percent of the unpaid principal balance of the loan on the date on which the partial claim is made.”
That sentence, in plain words
The VA can buy no more than one quarter of what is still owed. The count is taken on the day it buys.
What this is about
Unpaid principal is the loan money still owed. It does not count the interest.
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The document says “may not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“In the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on March 1, 2020 and ending on May 1, 2025, the amount of a partial claim under this section may not exceed 30 percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made.”
For a borrower who missed a payment at any point between March 1, 2020 and May 1, 2025, the cap is 30 percent instead of 25, measured as of the date of the initial partial claim.
What the document actually says
“In the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on March 1, 2020 and ending on May 1, 2025, the amount of a partial claim under this section may not exceed 30 percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made.”
That sentence, in plain words
Some people get a higher limit. It is for those who missed a payment in a set stretch of time.
What this is about
The stretch runs from March 1, 2020 to May 1, 2025. For them the VA can buy up to three tenths of what is owed.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Subject to subparagraph (B), the Secretary may make only one partial claim per loan.”
The new section limits the program to a single partial claim on any one loan, subject to the disaster exception in subparagraph (B).
What the document actually says
“Subject to subparagraph (B), the Secretary may make only one partial claim per loan.”
That sentence, in plain words
The VA can do this once for each loan.
What this is about
A veteran cannot come back for a second one. The next rule sets out the one case where they can.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may make an additional partial claim on a loan guaranteed under this chapter in the case of an individual who failed to make a payment on such loan during-- ``(i) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(ii) the period of 120 days following such a major disaster.”
The exception to the one claim limit. A second partial claim is allowed where the borrower missed a payment during a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or in the 120 days after it. That Act is not indexed here.
What the document actually says
“The Secretary may make an additional partial claim on a loan guaranteed under this chapter in the case of an individual who failed to make a payment on such loan during-- ``(i) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(ii) the period of 120 days following such a major disaster.”
That sentence, in plain words
There is one case where the VA can do it twice. It is when the payment was missed in a big disaster. It also covers the 120 days after.
What this is about
The President names a disaster under an older law. That older law is not indexed here.
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The document says “shall not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“An amount paid to the holder of a loan as a partial claim-- ``(A) shall not count against the amount of a loan that may otherwise be guaranteed under this chapter; and ``(B) may not be applied to the portion of the loan that is guaranteed under this chapter.”
The money paid as a partial claim is kept apart from the guaranty. It does not reduce what may otherwise be guaranteed, and it may not be applied to the guaranteed portion of the loan.
What the document actually says
“An amount paid to the holder of a loan as a partial claim-- ``(A) shall not count against the amount of a loan that may otherwise be guaranteed under this chapter; and ``(B) may not be applied to the portion of the loan that is guaranteed under this chapter.”
That sentence, in plain words
The money the VA pays here is kept apart. It does not eat into the loan promise.
What this is about
The VA backs part of the loan. That backing is what the word promise means here. This payment does not touch it.
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The document says “shall”Who acts: holders of loans guaranteed under chapter 37 of title 38How: statuteSec. 3 in the PDF
What the document says
“A holder of a loan guaranteed under such chapter for which the Secretary makes a partial claim under this section shall apply the amount paid by the Secretary for the partial claim first to arrearages, if any, on the guaranteed loan. Such arrearages may include any additional costs (such as taxes, insurance premiums, or homeowner's dues) the Secretary determines necessary to prevent or resolve a default.”
The holder must put the money toward the overdue amounts on the loan before anything else. The Secretary of Veterans Affairs may treat taxes, insurance premiums and homeowner's dues as part of those overdue amounts.
What the document actually says
“A holder of a loan guaranteed under such chapter for which the Secretary makes a partial claim under this section shall apply the amount paid by the Secretary for the partial claim first to arrearages, if any, on the guaranteed loan. Such arrearages may include any additional costs (such as taxes, insurance premiums, or homeowner's dues) the Secretary determines necessary to prevent or resolve a default.”
That sentence, in plain words
The lender must put the money on what is late first. Late amounts can take in taxes and other bills.
What this is about
The other bills are ones the VA says must be paid to keep the loan on track. Home insurance is one. Dues to a homeowner group are another.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may enter into a contract with an appropriate entity for the service of a partial claim made by the Secretary under this section. Any such contract shall provide that such entity shall provide quarterly statements to the holder of the loan for which the Secretary makes the partial claim.”
The Secretary of Veterans Affairs may hire an outside entity to service a partial claim. Any such contract has to require that entity to send the loan holder a statement every quarter.
What the document actually says
“The Secretary may enter into a contract with an appropriate entity for the service of a partial claim made by the Secretary under this section. Any such contract shall provide that such entity shall provide quarterly statements to the holder of the loan for which the Secretary makes the partial claim.”
That sentence, in plain words
The VA can hire a firm to look after the claim. The firm must send the lender a report four times a year.
What this is about
Looking after the claim means keeping the books and taking payments. The rule about reports must be in the deal.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may require the holder of a loan for which the Secretary makes a partial claim under this section to take any actions necessary to establish the partial claim, including preparing, executing, transmitting, receiving, and recording loan documents.”
The new section lets the Secretary of Veterans Affairs require the loan holder to carry out whatever is needed to set the partial claim up, naming the preparing, signing, sending, receiving and recording of loan documents.
What the document actually says
“The Secretary may require the holder of a loan for which the Secretary makes a partial claim under this section to take any actions necessary to establish the partial claim, including preparing, executing, transmitting, receiving, and recording loan documents.”
That sentence, in plain words
The VA can make the lender do the work to set the claim up. That means writing, signing, sending and filing papers.
What this is about
Filing means putting the papers on the public record. That is how a claim on a house is made to count.
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The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary shall compensate the holder of such a loan appropriately, as determined by the Secretary, for the services required of such holder under this subsection.”
The Secretary of Veterans Affairs must pay the holder for the work required of it, in an amount the Secretary decides is appropriate.
What the document actually says
“The Secretary shall compensate the holder of such a loan appropriately, as determined by the Secretary, for the services required of such holder under this subsection.”
That sentence, in plain words
The VA must pay the lender for that work. The VA sets how much.
What this is about
The law does not name a sum. It leaves the amount to the VA.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may exercise the authority of the Secretary under this subsection without regard to any other provision of law not enacted expressly in limitation of this section that would otherwise govern the expenditure of public funds.”
The Secretary of Veterans Affairs may use this authority without regard to other law governing how public money is spent, unless that other law was passed expressly to limit this section.
What the document actually says
“The Secretary may exercise the authority of the Secretary under this subsection without regard to any other provision of law not enacted expressly in limitation of this section that would otherwise govern the expenditure of public funds.”
That sentence, in plain words
Other rules on spending public money do not apply here. They apply only if made to limit this rule.
What this is about
Many rules cover how the government spends money. This one steps around them for this work.
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The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Notwithstanding section 3703(e) of this title, an individual who defaults on a loan for which the Secretary makes a partial claim made under this section shall be liable to the Secretary for any loss suffered by the Secretary resulting from such default. Such a loss may be recovered in the same manner as any other debt due the United States.”
A borrower who defaults after a partial claim owes the Secretary of Veterans Affairs whatever the Secretary loses by it, collectible like any other debt to the United States. The provision sets itself against section 3703(e) of title 38, United States Code, which is not indexed here.
What the document actually says
“Notwithstanding section 3703(e) of this title, an individual who defaults on a loan for which the Secretary makes a partial claim made under this section shall be liable to the Secretary for any loss suffered by the Secretary resulting from such default. Such a loss may be recovered in the same manner as any other debt due the United States.”
That sentence, in plain words
A person who falls behind later owes the VA what it loses. The VA can collect it like any other debt.
What this is about
The VA has ways to collect money owed to it. This loss is treated the same as those.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“In the event of default by an individual on a loan for which the Secretary makes a partial claim made under this section, the Secretary may reduce the aggregate amount of guaranty or insurance housing loan entitlement available to the individual under this chapter.”
On such a default the Secretary of Veterans Affairs may lower the total housing loan entitlement the borrower still has under chapter 37 of title 38, United States Code.
What the document actually says
“In the event of default by an individual on a loan for which the Secretary makes a partial claim made under this section, the Secretary may reduce the aggregate amount of guaranty or insurance housing loan entitlement available to the individual under this chapter.”
That sentence, in plain words
If the person falls behind, the VA can cut what is left of their loan help.
What this is about
Each veteran has a set amount of loan help. Using it up leaves less for a future home.
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The document says “shall”Who acts: the United StatesHow: statuteSec. 3 in the PDF
What the document says
“Notwithstanding section 2410(c) of title 28, an action to foreclose a lien held by the United States arising under a partial claim made under this section shall follow foreclosure procedures in accordance with State or local law where the property involved is located.”
An action to foreclose the lien the partial claim creates runs under the law of the State or locality where the property sits. The provision sets itself against section 2410(c) of title 28, United States Code, which is not indexed here.
What the document actually says
“Notwithstanding section 2410(c) of title 28, an action to foreclose a lien held by the United States arising under a partial claim made under this section shall follow foreclosure procedures in accordance with State or local law where the property involved is located.”
That sentence, in plain words
To act on its claim, the VA uses the rules of the state where the house is.
What this is about
Each state has its own steps for taking a home. The VA follows the local ones, not a national set.
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The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Any partial claim made under this section shall be made in the sole discretion of the Secretary and on terms and conditions acceptable to the Secretary that are consistent with this section.”
Whether to make a partial claim, and on what terms, rests with the Secretary of Veterans Affairs alone, within the bounds this section sets.
What the document actually says
“Any partial claim made under this section shall be made in the sole discretion of the Secretary and on terms and conditions acceptable to the Secretary that are consistent with this section.”
That sentence, in plain words
The VA alone decides whether to do this. It also sets the terms.
What this is about
No one can make the VA say yes. The terms must still fit the rules in this part.
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The document says “may not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Any decision by the Secretary under this section is final and conclusive and is not subject to judicial review.”
The new section makes the Secretary of Veterans Affairs the last word on a decision under it and puts that decision outside judicial review.
What the document actually says
“Any decision by the Secretary under this section is final and conclusive and is not subject to judicial review.”
That sentence, in plain words
What the VA decides here is the last word. A court cannot look at it.
What this is about
People can often ask a judge to check a choice the government makes. This rule takes that away for these choices.
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The document says “shall not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“For purposes of section 511 of this title, any decision under this section shall not be treated as a decision under a law that affects the provision of benefits.”
A decision under the new section is not a decision under a law affecting the provision of benefits for the purposes of section 511 of title 38, United States Code. Section 511 is not indexed here.
What the document actually says
“For purposes of section 511 of this title, any decision under this section shall not be treated as a decision under a law that affects the provision of benefits.”
That sentence, in plain words
One older rule does not count these choices as benefit choices.
What this is about
The older rule sets up how the VA handles benefit claims. These loan choices sit outside it.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may establish standards for processing payments under this section based on a certification by a holder of a loan guaranteed under such chapter that the holder has complied with all applicable requirements established by the Secretary.”
The new section lets the Secretary of Veterans Affairs set standards under which a payment is processed on the holder's own certification that it met the Secretary's requirements.
What the document actually says
“The Secretary may establish standards for processing payments under this section based on a certification by a holder of a loan guaranteed under such chapter that the holder has complied with all applicable requirements established by the Secretary.”
That sentence, in plain words
The lender signs a promise. It says it followed the rules. Then the VA can pay.
What this is about
The VA does not have to check first. The lender signs a promise. Then the money can go out.
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The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“post-payment audits to ensure compliance with all requirements under paragraph (1).”
The new section requires the Secretary of Veterans Affairs to run audits after payment, on a random sample, to check the certifications. Only part of the sentence is quoted, because the printer broke the word random-sampling across a line and the quote check would fold it into one word.
What the document actually says
“post-payment audits to ensure compliance with all requirements under paragraph (1).”
That sentence, in plain words
The VA must check some payments after the money goes out.
What this is about
The full rule says the VA picks the ones it checks at random. Not every payment gets checked.
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The document says “can”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“With respect to a loan described in paragraph (2), the Secretary may-- ``(A) before prescribing regulations, issue administrative guidance regarding the making of a partial claim relating to such loan; and ``(B) establish, through such guidance, additional requirements applicable to such a partial claim.”
For a loan the Secretary of Veterans Affairs determines was in default on the day the new section was enacted, the Secretary may issue administrative guidance before writing regulations, and may set extra requirements through that guidance.
What the document actually says
“With respect to a loan described in paragraph (2), the Secretary may-- ``(A) before prescribing regulations, issue administrative guidance regarding the making of a partial claim relating to such loan; and ``(B) establish, through such guidance, additional requirements applicable to such a partial claim.”
That sentence, in plain words
For some loans the VA can put out short notes first. It can add extra rules in them.
What this is about
Writing full rules takes a long time. These loans were already behind on the day the law passed.
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The document says “may not be construed”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“Nothing in this section shall be construed to limit the authority of the Secretary under subsections (a) and (d) of section 3732 of this title.”
The new section is not to be read as cutting back the powers the Secretary of Veterans Affairs holds under subsections (a) and (d) of section 3732 of title 38, United States Code. Subsection (d) is the one added by section 2 of this Act.
What the document actually says
“Nothing in this section shall be construed to limit the authority of the Secretary under subsections (a) and (d) of section 3732 of this title.”
That sentence, in plain words
This part does not cut back the VA powers set out in the other law.
What this is about
The other law is the one part 2 of this Act changed. Both sets of powers stand side by side.
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The document says “may not”Who acts: Secretary of Veterans AffairsHow: statuteSec. 3 in the PDF
What the document says
“The Secretary may not make a partial claim under this section after the date that is five years after the date of the enactment of this section.”
The program has an end date. No partial claim may be made more than five years after the new section was enacted. The Act was approved on July 30, 2025.
What the document actually says
“The Secretary may not make a partial claim under this section after the date that is five years after the date of the enactment of this section.”
That sentence, in plain words
The VA cannot do this after five years. The clock starts when the law was passed.
What this is about
The law was signed on July 30, 2025. A claim made after five years from then does not count.
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The document says “is amended”Who acts: CongressHow: statuteSec. 3 in the PDF
What the document says
“The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3736 the following new item:”
The list of sections at the front of chapter 37 of title 38, United States Code, gains an entry for the new section 3737 after the entry for section 3736.
What the document actually says
“The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3736 the following new item:”
That sentence, in plain words
The list at the front of the old law gets a new line. It goes after the one before it.
What this is about
The list is a table of contents. Adding the line changes no rule.
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Each distinct thing the new section 3737 of title 38, United States Code, does: the program it sets up, which loans it covers, what a partial claim is, the caps on the amount, the limit of one claim a loan and the disaster exception, how the money is applied, servicing, what a holder can be made to do and be paid for, liability and foreclosure on a later default, the Secretary's discretion and the bar on review, certification and audits, guidance for loans already in default, the rule of construction, the five year end date, and the clerical amendment.
The table of sections entry is recorded once, as the clerical amendment, rather than as a change of its own.
The section adds a new section to chapter 37 of title 38, United States Code, and that chapter is not indexed here, so nothing recorded says how the new section sits against the rest of it. Several provisions are cited and not indexed: sections 511, 3703(e) and 3732 of title 38, section 2410(c) of title 28, section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and section 36.4313 of title 38, Code of Federal Regulations.
