VA Lenders Handbook (VA Pamphlet 26-7), Chapter 13, Topic 8 — Notice of Value Conditions
VA Lenders Handbook (VA Pamphlet 26-7), Chapter 13, Topic 8 — Notice of Value Conditions.
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Verbatim provisions from VA Lenders Handbook (VA Pamphlet 26-7), Chapter 13, Topic 8 — Notice of Value Conditions — 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.
VA Pamphlet 26-7, Chapter 13 (Notices of Value), Topic 8 — Notice of Value Conditions
Topic 8. Notice of Value Conditions Change Date: July 22, 2019 This chapter has been revised in its entirety. a. NOV Conditions All conditions included on an NOV must be satisfied prior to guaranty of the loan by VA. b. Additional Lender Requirements While lenders may require additional documentation over and above VA requirements, often referred to as “lender overlays”, items that are not required by VA must not be included on the NOV. c. Table of NOV Conditions The following table lists the conditions that appear on the NOV form with details about when each condition is required on the NOV. The NOV letter format is provided in Appendix A at the end of this chapter. NOV Condition Details for including this condition on an NOV 1. Energy Conservation Item 1a should be marked on NOVs for existing properties (over 1-year old or previously occupied) to allow lenders to increase the loan amount for Veterans wishing to make energy efficiency improvements (see Chapter 7 of this Handbook). Item 1b should be marked on NOVs for new or proposed construction excluding manufactured homes. For new and proposed manufactured homes, energy efficiency is already covered by the manufacturer’s guidelines (see Chapter 12, Topic 42 of this Handbook) so this item should not be marked. 2. Wood Destroying Insect Information If the property is located in an area on the Termite Infestation Probability Map where the probability of termite infestation is "very heavy" or "moderate to heavy," a wood destroying insect inspection report must be required on the Notice of Value (NOV). Mark 2a if the property is existing or new construction, or item 2b if the property is proposed. For new construction, if a soil treatment guarantee is provided, this is preferable and will satisfy condition 2a. The pest control operator must meet all state requirements. State-required inspection forms are acceptable. Inspection reports are valid for 90 days. Soil treatment guarantees differ from an inspection and are consequently valid well beyond 90 days. A wood- destroying insect inspection is not required on units in low-rise or high-rise condominiums (units are stacked vertically) unless the appraiser notes a potential infestation problem. For site condominiums, and villa or townhome style condominiums where units are not vertically stacked, an inspection must be required on the NOV unless evidence of a treatment guarantee has been provided by the homeowners association. 3. Lien-Supported Assessment If the property is located in a planned unit development (PUD) or condominium, mandatory homeowners association fees must be shown on the NOV. Special assessments including local authorities collecting Community Development District (CDD) fees or other fees on the HOA’s behalf should be reported here as well. 4. Condominium If the condominium is conditionally accepted by VA, this item should be marked. This item is not required if the condominium is fully accepted by VA. If the condominium has not been accepted by VA, the NOV must not be issued. (See Chapter 11, Topic 12 of this Handbook). 5. Private Road/Shared Driveway If access to the property is by a private road or shared driveway, this item should be marked, unless the property is in a PUD or condominium with private streets which are covered by the organizational documents. If a state law establishes requirements for the maintenance of private roads, this condition is not needed on the NOV. 6. Flood Insurance If the property is located in a Special Flood Hazard Area, this item must be marked. It is the lender's responsibility to ensure that flood insurance is obtained and maintained on properties located in SFHAs, whether or not the appraiser correctly identifies the property as being in an SFHA. If flood insurance is not available, a property in a SFHA is not eligible to be the security for a VA-guaranteed loan. 7. Water/Sewage System Acceptability If the property has an individual water supply, such as a well, this condition must be marked. For proposed construction cases, acceptance of an individual sewage system must be required. Acceptance of the sewage system is also required for existing or new construction cases in which there is an indication of a problem or the property is in an area known to have soil percolation problems. Certifications are valid for 90 days unless the local authority indicates otherwise. 8. Connection to Public Water and/or Public Sewer This condition is required only if the property does not have public water and/or sewer and the state or local authority has mandated connection to public utilities. 9. Repairs The repairs recommended on the appraisal should be reviewed and only those which are needed for the property to meet VA MPRs should be listed on the NOV. Any apparent defective conditions observed by the appraiser must be addressed by requiring correction, rather than an inspection. The completion of any repairs that could involve lead-based paint must be certified by the fee appraiser. 10. Post Construction Inspection This condition must be marked on all proposed construction properties and properties appraised subject to alterations such as a room addition. 11. New Construction Inspections/Warranty For new construction properties, either 11a or 11b must be required based on whether or not local building inspections are performed. Since new construction must have either a 1 year or a 10-year warranty, either 11c or 11d must be marked. 12. Proposed Construction Inspections/Warranty For proposed construction properties, either 12a or 12b must be required based on whether or not local building inspections are performed. Warranty requirements are determined accordingly. 13. New or Proposed Manufactured Home If the subject is a new or proposed manufactured home, 13a or 13b must be required based on whether the local authority issues a certificate of occupancy. VA Form 26-8599, Manufactured Home Warranty, is provided by the manufacturer and the 1-year warranty is provided by the manufactured home installer who placed the home on the foundation. 14. Lead/Water Distribution System This condition must be required on all new or proposed construction properties, and on properties having repairs to the potable water distribution system. 15. Radon Gas This condition must be required on all new or proposed construction properties. 16. Other Conditions Any additional requirements should be listed in Item 16, for example, an unvented space heater (see Chapter 12, Topic 24 of this handbook), an airport safety zone (see Chapter 12, Topic 41 of this handbook), requirements for cisterns (see Chapter 12, Topic 17 of this handbook), stationary storage tanks containing flammable material (see Chapter 12, Topic 37 of this handbook), or any local requirements (see Chapter 12, Topic 1, Item h of this Handbook).
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