38 CFR §36.4313 — Charges and fees
38 CFR §36.4313 limits the charges and fees that may be imposed on a veteran-borrower in connection with a VA-guaranteed or insured loan, requires lender certification of compliance, sets a closed schedule of permissible borrower-paid items, caps lender-origination charges (flat-1%-or-itemized), governs discount points, prescribes the VA funding-fee schedule, and sets a 15-day funding-fee remittance deadline (with 4% late fee plus interest beyond 30 days) payable electronically via ACH.
Verbatim regulatory text
Verbatim provisions from 38 CFR §36.4313 — Charges and fees — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
38 CFR §36.4313(a) — No borrower charges beyond §36.4313(d)/(e); lender certification required
(a) No charge shall be made against, or paid by, the borrower incident to the making of a guaranteed or insured loan other than those expressly permitted under paragraph (d) or (e) of this section, and no loan shall be guaranteed or insured unless the lender certifies to the Secretary that it has not imposed and will not impose any charges or fees against the borrower in excess of those permissible under paragraph (d) or (e) of this section.
38 CFR §36.4313(b) — No brokerage or service charge against borrower
(b) Except as provided in this subpart, no brokerage or service charge or their equivalent may be charged against the debtor or the proceeds of the loan either initially, periodically, or otherwise.
38 CFR §36.4313(d)(2) — 1% flat charge cap in lieu of other origination costs
(2) A lender may charge and the veteran may pay a flat charge not exceeding 1 percent of the amount of the loan , provided that such flat charge shall be in lieu of all other charges relating to costs of origination not expressly specified and allowed in this schedule.
38 CFR §36.4313(e)(3) — VA funding fee: 15-day remittance, 4% late fee, interest beyond 30 days
(3) The lender is required to pay to the Secretary the fee described in paragraph (e)(1) of this section within 15 days after loan closing.
38 CFR §36.4313(e)(4) — ACH remittance of funding fees required
(4) The lender is required to pay to the Secretary electronically through the Automated Clearing House (ACH) system the fees described in paragraphs (e)(1) and (e)(2) of this section and any late fees and interest due on them.