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Declassified: getting it back

Restoring Your VA Entitlement

Your VA home loan benefit is not a one-time coupon. Entitlement you used can be restored and used again. But the law allows it only in specific situations, and one of them can be used just once in a lifetime. Here are all four, in the statute's own order.

The four situations in 38 U.S.C. 3702(b)

1. Sold, and the loan paid off

The property has been disposed of, or destroyed by fire or another natural hazard, and the loan is repaid in full, VA has been released from liability, or any VA loss has been repaid.

2. A Veteran assumes your loan

A Veteran buyer assumes the outstanding balance and agrees to substitute their own entitlement for the amount you used, and otherwise qualifies.

3. Refinancing the same home

The loan is repaid in full and the new VA loan is secured by the same property.

4. The one-time restoration

In any other case, the loan is repaid in full (or VA is released from liability) and any VA loss is repaid. The law lets VA use this path only once for each Veteran.

What each one means in practice

Selling to a non-Veteran

If the buyer simply assumes your loan without substituting entitlement, your entitlement stays tied up until that loan is paid off. Situation 2 is the fix.

Paying off but keeping the house

That is situation 4. Paying off a VA loan with a conventional refinance and keeping the home uses your one-time restoration.

Keeping the loan

You can still buy again with remaining entitlement, without restoring anything. That math is on our keep your house guide.

Before you sell or refinance

Decide which situation you are in before the transaction, not after. A buyer's assumption without substitution, or a payoff you meant to save the one-time restoration for, is hard to undo. The law also lets VA waive some conditions in the first situation where it considers that appropriate, so an unusual case is worth asking about.

Every new VA loan after the first also carries the higher subsequent-use funding fee unless you are exempt; see the funding fee.

Straight from the law: 38 U.S.C. 3702(b), paragraphs (1) through (4) and the one-time limit that follows them. VA may issue guidance on top of the statute. Not a commitment to lend.

Restoration FAQ

How do I get my VA entitlement back?
Under 38 U.S.C. 3702(b): sell the home and have the loan paid off, have a Veteran buyer assume the loan and substitute their entitlement, refinance the same home with a new VA loan, or use the one-time restoration after paying the loan off.
Can I restore VA entitlement without selling my house?
Yes, once. When the loan is repaid in full in a case that is not a sale or a substitution, the law allows restoration, but VA can use that authority only one time for each Veteran.
Does a non-Veteran assuming my VA loan free up my entitlement?
No. Entitlement is restored on an assumption only when a Veteran buyer agrees to substitute their own entitlement for yours and otherwise meets the requirements.
Your move

Read it, then use it

Get the playbook, then get the benefit you earned. The full book is free. The wrong lender costs you a lot more.

Jason is also a mortgage broker. Questions? Call (843) 569-7283 / 843.LOW.RATE

By refinancing the consumer's existing loan, the consumer's total finance charges may be higher over the life of the loan.

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