55VA26
Loan Guaranty Home, Condominium and Manufactured Home Loan Applicants Records, Specially Adapted Housing Applicant Records and Vendee Loan Applicant Records-VA
System location:
Records are maintained at the VA Central Office, the regional
offices, medical and regional office centers, VA offices and VA data
processing centers. These records generally will be maintained by the
regional office, medical and regional office center or VA office
having jurisdiction over the geographic area in which the property
securing a VA guaranteed, insured or direct loan or on which a
specially adapted housing grant has been issued is located and at the
Servicing Data Processing Centers at Hines, Illinois; Austin, Texas;
and St. Paul, Minnesota. Records may be temporarily transferred
between fields stations or to VA Central Office for necessary
appeals, reviews, or quality control reviews. Address locations are
listed in VA Appendix I. Records provided to the Department of
Housing and Urban Development (HUD) for inclusion on its Credit Alert
Interactive Voice Response System (CAIVRS) are located at a data
processing center under contract to HUD at Reston, Virginia.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system: (1) Disabled veterans who have applied for and received
specially adapted housing assistance under title 38, United States
Code, chapter 21; (2) veterans, their spouses or unmarried surviving
spouses who have applied for and received VA housing credit
assistance under title 38, United States Code, chapter 37; (3)
person(s) applying to purchase VA owned properties (vendee loans);
(4) transferee owners of properties encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g., individuals who have assumed a
VA-guaranteed loan and those who have purchased property directly
from the VA); and (5) individuals other than those identified above
who may have applied for loan guaranty benefits.
Categories of records in the system:
Records (or information contained in records) may include the
following: (1) Military service information from a veteran's
discharge certificate (DD Form 214, 215) which specifies name,
service number, date of birth, rank, period of service, length of
service, branch of service, pay grade, and other information relating
to a veteran's military service (e.g., character of service, assigned
separation reason code, whether a veteran is out of the service); (2)
medical records containing specific information regarding a veteran's
physical disability (e.g., blindness, paraplegic condition, loss of
limbs) which is used to determine eligibility and need for specially
adapted housing. Adjudication records relating to: (a) Medical
determinations by the VA that a veteran is eligible and needs
specially adapted housing; or (b) VA determinations on whether a
veteran who has received an other than honorable discharge should be
eligible for VA credit assistance benefits; (3) applications for
certificates of eligibility (these applications generally contain
information from a veteran's military service records except for
character of discharge); (4) applications for FHA veterans' low-
downpayment loans (these applications generally contain information
from a veteran's military service records including whether or not a
veteran is in the service); (5) applications for a guaranteed or
direct loan, applications for release of liability, applications for
substitutions of VA entitlement and applications for specially
adapted housing (these applications generally contain information
relating to employment, income, credit, personal data; e.g., social
security number, marital status, number and identity of dependents;
assets and liabilities at financial institutions, profitability data
concerning business of self-employed individuals, information
relating to an individual veteran's loan account and payment history
on a VA-guaranteed, direct, or vendee loan on an acquired property,
medical information when specially adapted housing is sought, and
information regarding whether a veteran owes a debt to the United
States) and may be accompanied by other supporting documents which
contain the above information; (6) applications for the purchase of a
VA acquired property (e.g., vendee loans--these applications
generally contain personal and business information on a prospective
purchaser such as social security number, credit, income, employment
history, payment history, business references, personal information
and other financial obligations and may be accompanied by other
supporting documents which contain the above information); (7) loan
instruments including deeds, notes, installment sales contracts, and
mortgages; (8) property management information; e.g., condition and
value of property, inspection reports, certificates of reasonable
value, correspondence and other information regarding the condition
of the property (occupied, vandalized), and a legal description of
the property; (9) information regarding VA loan servicing activities
regarding default, repossession and foreclosure procedures,
assumability of loans, payment of taxes and insurance, filing of
judgments (liens) with State or local authorities and other related
matters in connection with active and/or foreclosed loans; and (10)
information regarding the status of a loan (i.e., approved, pending
or rejected by the VA).
Authority for maintenance of the system:
Title 38, United States Code, chapter 3, section 210(c)(1); title
38, United States Code, chapters 21 and 37.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
- The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
- Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
- The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
- The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local government agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
- Any information in this system, such as the name and address
of a veteran or the veteran's spouse, and the property address may be
disclosed to credit reporting agencies, companies extending credit,
depository institutions, utility companies, investors, insurance
companies, governmental agencies, lenders, and employers to enable
such parties to provide the VA with information regarding income,
credit, assets and liabilities information on applicants, mortgagors,
or obligors and to provide the VA with information regarding the
status of obligations, payment records, employment histories, assets
for closing fees and other assets and liabilities.
- Information on the application for a guaranteed or direct
loan, and on the certificate of reasonable value and information
verifying an applicant's employment and/or amount of deposit in a
financial institution, may be disclosed to a prospective mortgagee
proposing to make a guaranteed loan on the veteran applicant's
behalf.
- Information regarding the status (i.e., approved, pending, or
rejected) or an application for VA loan benefits or for a loan
account and the reasons for rejection may be disclosed to a
prospective lender. When the VA has rejected a loan application, the
information disclosed may include information from another VA record
such as a debt which the veteran owes to the United States or
information from a claims file relating to a veteran's ability to
discharge an obligation.
- Only the fact that the loan has been approved, rejected, or is
pending may be disclosed to a seller, a spouse of a seller, or the
spouse of the veteran-applicant who is an actual party in interest to
the guaranteed, insured or direct loan transaction in order to inform
such party of the status of the loan application. However, a
statement of the reason for rejection of the loan may also be
provided to the spouse of the veteran-applicant, if the spouse is a
joint applicant for the loan or would be jointly liable on the loan.
- Any information on the application for a VA-acquired property
(vendee loan) concerning a prospective purchaser may be disclosed to
a broker aiding in the sale of a VA-acquired property in order that
the broker may assist the prospective purchaser in completing his or
her application. Such information may include an explanation of
specific loan document discrepancies or specific information on
income or credit.
- Information on the status (i.e., the payment record), of a
guaranteed, insured, direct, or VA-acquired property (vendee) loan
account(s) may be disclosed to persons or organizations extending
credit or providing services or other benefits to the obligor, or
persons or organizations considering the extension of credit,
services or other benefits to the potential obligor provided the
name, address, or other information necessary to identify the obligor
is given beforehand by the requester.
- The name and address of an obligor (e.g., an individual who
has obtained a VA-guaranteed loan or purchased a VA property), and
the account number (insurance, tax number) may be disclosed to hazard
insurance companies and real estate taxing authorities to obtain
billings and to authorize payments of such obligations as they become
due from the direct and vendee (portfolio) loan escrow accounts.
- Information as to the acceptability or nonacceptability of a
prospective purchaser preparing to assume liability to VA under a
mortgage contract or of a prospective purchaser preparing to
substitute loan guaranty entitlement for the party presently
obligated may be disclosed to parties presently liable on a VA loan,
loan guaranty or loan insurance agreement. In addition, the
acceptability or nonacceptability of a transferee owner may be
disclosed to parties presently liable on a VA loan, loan guaranty or
loan insurance agreement, for the purpose of releasing the original
veteran borrower, or a veteran who substituted loan guaranty
entitlement for the original veteran borrower, from liability. The
reason(s) for nonacceptability of the prospective loan assumer or
transferee or of a purchaser/transferee (e.g. poor credit history,
insufficient income and/or debts owed the U.S.) may also be disclosed
to parties presently liable on a VA loan, loan guaranty or loan
insurance agreement in order to inform the parties presently liable
of the reasons for the nonacceptability.
- Information on the default status of a delinquent loan
account (e.g., amount of payments in arrears, number of months in
arrears, what efforts the VA has taken to service the loan, condition
of the property, repayment schedule, and total amount of debt) may be
disclosed to prior owners remaining contingently liable for
indebtedness to permit prior owners to take necessary action(s) to
protect their interest where loan liquidation is indicated and to
prevent a possible debt to the Government which may be placed against
the prior owner.
- Any information in this system such as current obligor, prior
obligors, debt outstanding, current credit reports containing an
obligor's name and address and date(s) and cause of the default, and
loan account information (e.g., loan account number, property
condition, legal description, date loan issued, amount of loan and
amount in arrears) may be disclosed to the U.S. Department of Justice
or United States Attorneys in order for the Department of Justice of
U.S. Attorneys to liquidate a defaulted loan by judicial process, and
take title on the foreclosed property in accordance with State law.
Any information in this system may also be disclosed to the
Department of Justice or U.S. Attorneys in order for the foregoing
parties to prosecute or defend litigation involving or pertaining to
the United States. Any relevant information in this system may also
be disclosed to other Federal agencies upon their request in
connection with review of administrative tort claims and potential
tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672,
the Military Claims Act, 10 U.S.C. 2733, and other similar claims
statutes.
- Loan account information (e.g., loan account number, property
condition, legal description of property, date loan issued, amount of
loan and amount in arrears), current credit reports containing name
and address of an obligor and the cause and date(s) of default may be
disclosed to the General Accounting Office (GAO) to enable the GAO to
pursue necessary collection activities and obtain a judgment against
the obligor(s).
- Any information in a direct or vendee loan account record may
be disclosed to active investors purchasing or considering the
purchase of VA direct or vendee loans from VA or from a previous
investor. Such information will be furnished to active prospective
investors to provide a basis for their submitting an offer to
purchase loans and to actual investors in order that they may
establish loan accounts on purchased loans. Such information may also
be disclosed to financial advisors to assist VA in developing
strategies for marketing these loans, and to investment bankers, bond
rating agencies, other government agencies, private mortgage
insurance companies, bonding companies, master servicers, and others
involved in the marketing or sale of vendee loans, including legal
counsel, accountants and auditors for such entities.
- Any information in this system, including the nature and
amount of a financial obligation, may be disclosed to a debtor's
Federal employing agency or commanding officer so that the debtor-
employee may be counseled by his or her Federal employer or
commanding officer and to assist in the collection of unpaid
financial obligations owed the U.S. This purpose is consistent with 5
U.S.C 5514, 4 CFR 102.5, and section 206 of Executive Order 11222 of
May 8, 1965 (30 FR 6469).
- Any information in this system may be disclosed to a guardian
ad litem in relation to the guardian's representation of a veteran in
any legal or administrative proceeding so long as the disclosure is
for the benefit of the veteran.
- Any information in this system such as available identifying
information regarding the debtor(s), name of debtor(s) spouse, social
security account number of debtor(s), VA insurance number(s), VA loan
number(s), VA claim number(s), place(s) of birth and date(s) of birth
of debtor(s), name(s) and address(es) of debtor(s) employer(s), and
dates of employment may be disclosed to other Federal agencies, State
probate courts, State drivers license bureaus, and State automobile
title and license bureaus in order for the VA to obtain current name,
address, locator and credit report assistance in the collection of
unpaid financial obligations owed to the United States. This purpose
is consistent with the Federal Claims Collection Act of 1966 (Pub. L.
89-508, 31 U.S.C. 951-953 and 4 CFR parts 101-105), and the
disclosure is authorized by 38 U.S.C. 3301(b)(6).
- Any information in this system, such as a loan applicant's or
a defaulted obligor's (i.e., a defaulted obligor is an individual
that has not performed one or more of the required obligations under
the terms of the loan instruments) name and address, property
address, balance of debt, amount of debt owed per month, loan account
number, credit reports and reasons for notice to quit, may be
disclosed to fee attorneys, fee appraisers, management brokers,
process servers, subordinate lienholders, title companies, and
abstractors for the purposes of loan approval or loan termination of
direct or vendee loans by judicial or nonjudicial means, to obtain
possession of VA property in cases of default or Foreclosure to issue
and post Demands for Possession or Notices to Quit, to file judgments
(liens) in accordance with State and local law and to carry out all
other necessary VA program responsibilities. VA fee attorneys may
disclose record information contained therein to title insurance
companies and title agents, for Trustee's sale advertisements, and to
subordinate lienholders. This disclosure authority by VA fee
attorneys is consistent with 38 U.S.C. 3301 (e) and (h).
- An obligor's social security number and other information
regarding the filing of judgments (liens) may be disclosed to
appropriate State and local authorities in order to conform to State
and local law requirements and to assist the VA and State and local
authorities in identifying VA judgment debtors on State and local
judgment records. This disclosure is consistent with 38 U.S.C.
3301(b)(6).
- Any information in this system relating to the adjudication
of incompetency of a veteran either by a court of competent
jurisdiction or by the VA may be disclosed to a lender or prospective
lender extending credit or proposing to extend credit on behalf of a
veteran in order for the VA to protect incompetent veterans from
entering into unsound financial transactions which might deplete the
resources of the veteran and to protect the interests of the
Government giving credit assistance to a veteran.
- Any information in this system may be disclosed to a Federal
Grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
- Any information in this system may be disclosed to a State or
municipal court or a party in litigation; or to a State or municipal
grand jury, a State or municipal administrative agency functioning in
a quasi-jurdicial capacity or a party to a proceeding being conducted
by such agency, in order for the VA to respond to and comply with the
issuance of a State or municipal subpoena; provided, that any
disclosure of claimant information made under this routine use must
comply with the provisions of 38 CFR 1.511.
- Any information concerning the veteran's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these
disclosures may be (a) to assist the VA in collection of title 38
benefit overpayments, overdue indebtedness, and/or costs of services
provided individuals not entitled to such services, and (b) to
initiate legal actions for prosecuting individuals who willfully or
fraudulently obtained title 38 benefits without entitlement. This
disclosure is consistent with 38 U.S.C. 3301(b)(6).
- The name and address of an obligor, other information as is
reasonably necessary to identify such person, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning such person's
delinquency or default on a loan made or guaranteed by the VA may be
disclosed to a consumer reporting agency for purposes of reporting
delinquencies, defaults and indebtedness and assisting in the
collection of such indebtness, provided that the provisions of 38
U.S.C. 3301(g)(4) have been met.
- Any information in this system, except for the name and
address of a veteran, may be disclosed to a Federal agency in order
for the VA to obtain information relevant to the making, insuring, or
guaranteeing of a loan under chapter 37 of title 38 U.S.C. The name
and address of a veteran may be disclosed to a Federal agency under
this routine use if they are required by the Federal agency to
respond to the VA inquiry.
- The name of a veteran, or other beneficiary, other
information as is reasonably necessary to identify such individual,
and any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered
by the VA, may be disclosed to the Treasury Department, Internal
Revenue Service, for the collection of Title 38, U.S.C. benefit
overpayments, overdue indebtedness, and/or costs of services provided
to an individual not entitled to such services, by the withholding of
all or a portion of the person's Federal income tax refund.
- Any information in the system may be disclosed to the
Department of the Treasury, Internal Revenue Service, where required
by law, including the borrower's name, address, social security or
taxpayer identification number, amount of interest paid, and
informaiton relating to any abandonment or foreclosure of a property.
- Any information on a property which has been acquired by VA
such as loan number, property address, property survey, title
limitations/policy, termite inspections, existing warranties, repairs
made by VA and items still requiring repair, and dues payable to and
services provided by homeowner or condominum associations may be
disclosed to prospective purchasers and their representatives in
order to assist VA in the timely disposal of its acquired preperties.
Such information may include the name of the purchaser and
purchaser's sales agent, price and terms of the successful offeror's,
along with the reason(s) for selecting such offer over any other
competing offer.
- Any information in the system may be disclosed to the lender
or holder of a VA guaranteed loan, or their attorneys, in support of
a decision by VA to reject a claim under guaranty, demand
reimbursement for a claim previously paid, or in the course of
settlement negotiations. When a demand for reimbursement will be made
against a party other than the lender or holder, such as the real
estate broker, fee appraiser or seller of the property, the
information may be disclosed to the party and its attorneys.
- The social security number and loan account number of all
persons with VA-guaranteed and portfolio loans which fall under one
of the following categories: (a) The accounts are not current; (b)
there has been a foreclosure; or (c) the Department has paid a claim,
may be provided to the Department of Housing and Urban Development
for inclusion in its Credit Alert Interactive Voice Response System
(CAIVRS). Information included in this system may be disclosed to all
participating agencies and lenders who participate in the agencies'
programs to enable them to verify information provided by new loan
applicants and evaluate the creditworthiness of applicants. These
records may also be disclosed as part of an ongoing computer matching
program to accomplish these purposes.
- Relevant loan guaranty record information may be disclosed to
any individual, organization, or other entity with whom VA has a
contract or agreement under which that entity will perform services
to assist VA in the administration of the Loan Guaranty Program. The
information that may be disclosed under this routine use is limited
to that which is necessary to permit the contractor to perform the
services required under the contract or agreement.
- Any information in this system may be disclosed to an active
VA lender, lender's agent, mortgage broker, or otherprogram
participant in response to a request from that individual or entity
if that information is necessary in connection with the origination
of a VA-guaranteed Interest Rate Reduction Refinancing Loan (RRL). In
order to obtain to information under this routine use, the party
requesting the information must establish the fact that it is a
participant in the VA home loan program through the use of a VA
lender identification number. The requester must also provide the
veteran's name and social security number and the month and eyar of
the loan being refinanced or the 12-digit VA loan number.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
VA-guaranteed, insured, direct and vendee loan records are
maintained in individual folders on paper documents and on automated
storage media (i.e, microfilm, microfiche, magnetic tape and magnetic
disks.)
Retrievability:
All VA loan applications and loan records are indexed by name and
VA loan file number in the local VA office having jurisdiction over
the geographic area in which the property is located. Automated
records are indexed for statistical purposes by a file number, field
station and county code number and lender identification number.
However, an individual loan record in automated format may only be
retrieved by name or loan number. Records in CAIVRS may only be
retrieved by social security number.
Safeguards:
Access to VA working spaces and record file storage areas is
restricted to VA employees on a ``need to know'' basis. Generally, VA
file areas are locked after normal duty hours and are protected from
outside access by the Federal Protective Service or other VA security
personnel. Loan and property security instruments are stored in
separate fire resistant locked files. VA employee loan file records
and other files which, in the opinion of VA, are, or may become,
sensitive are stored in separate locked files.
Information in the system may be accessed from authorized
terminals in the VA telecommunications network. Terminal locations
include VA Central Office and regional offices. Access to terminals
is by authorization controlled by the site security officer. The
security officer is assigned responsibility for privacy-security
measures, especially for review of violations logs, information logs
and control of password and badge readers and audible alarms.
Electronic keyboard locks are activated on security errors. Also,
beginning in 1986, sensitive files were established using the social
security numbers of the VA Veterans Benefits Administration employees
and other prominent individuals to prevent indiscriminate access to
their automated records.
At the data processing centers, identification of magnetic tape
and disks containing data is rigidly enforced using labeling
techniques. Automated storage media which are not in use are stored
in tape libraries which are secured in locked rooms. Access to
programs is controlled at three levels: Programming, auditing, and
operations. Access to data processing centers is generally restricted
to center employees, custodial personnel, Federal Protective Service
and other security personnel. Access to computer rooms is restricted
to authorized operational personnel through electronic locking
devices. All other persons gaining access to computer rooms are
escorted.
Access to the data processing center where HUD maintains CAIVRS
is generally restricted to center employees, authorized HUD employees
and authorized subcontractors. Access to computer rooms is restricted
to authorized operational personnel through electronic locking
devices. All other persons gaining access to computer rooms are
escorted.
Files in CAIVRS use social security numbers as identifiers.
Access to information in files is restricted to authorized employees
of participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed
by use of a touchtone telephone by authorized agency and lender
employees on a ``need to know'' basis.
A VA-approved, active VA lender, lender's agent, mortgage broker,
or other program participant may botain access to the computerized VA
system maintaining this system of records for the purpose of learning
whether an applicant for a VA-guaranteed loan under the following
circumstances. The lender must log on to the system using the unique
10-digit lender identification number assigned by VA and a unique
password. The lender also must enter information identifying the
specific veteran for whom the IRRRL lender seeks information,
including the veteran's name, social security number and other
identifying information, such as the 12-digit loan number for the
veteran's current VA-guaranteed loan or the month and year of the
loan.
Retention and disposal:
Records in individualized case folder concerning active VA
guaranteed or insured loans are retained at the VA servicing facility
for up to three years and forwarded to the Federal Archives and
Records Center (FARC) where they are retained up to thirty-three
years and then destroyed. Active direct loan case folders are
retained at the VA servicing facility until the case becomes
inactive, e.g., existing loan balance is paid in full.
Inactive guaranteed and direct loan folders are forwarded to the
FARC annually, retained for five years and then destroyed. Vendee
loan records being maintained in case folders are kept at the VA
servicing facility until five years after the case becomes inactive
and are then destroyed. Specially adapted housing (SAH) records are
maintained either at VA Central Office (VACO) and/or the VA servicing
facility. Once SAH records are closed, SAH records at VACO are
maintained for one year and then sent to the FARC where they are
retained for thirty years and then destroyed. Closed SAH records
maintained at regional offices are maintained for ten years and then
destroyed. Generally, automated records (e.g., computer lists, discs,
and microfiche) are maintained for up to five years and then
destroyed. Destruction of records is accomplished by shredding,
burning, and/or erasure.
File information for CAIVRS is provided to HUD by VA on magnetic
tape. After information from the tape has been read into the computer
the tape is returned to VA for updating. HUD does not keep separate
copies of the tape.
System manager(s) and address:
Director, Loan Guaranty Service (26), VA Central Office,
Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or wants to determine the contents of such record should
submit a written request or apply in person to the nearest Veterans
Administration regional office or center. Addresses for VA regional
offices and centers may be found in VA Appendix 1 at the end of this
document. All inquiries must reasonably identify the benefit or
system of records involved, i.e.; Loan Guaranty. Inquiries should
include the individual's full name, VA file number or loan number. If
the VA file or loan number is not available, then as much of the
following information as possible should be forwarded: Address of the
property secured by a VA-guaranteed, insured or portfolio loan, owner
or former owners of the property, name of lender and lender's loan
number, branch of service, service number or social security number.
Some of the records in this system are exempt from the notification
requirement under 5 U.S.C. 552a(k). To the extent that records in
this system of records are not subject to exemption, they are subject
to notification. A determination as to whether an exemption applies
shall be made at the time a request for notification is received.
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write, call or
visit the nearest Veterans Administration regional office or center.
Address locations are listed in VA Appendix 1 at the end of this
document. However, some of the records in this system are exempt from
the record access and contesting requirements under 5 U.S.C. 552a(k).
To the extent that records in this system of records are not subject
to exemption, they are subject to access and contest. A determination
as to whether an exemption applies shall be made at the time a
request for access or contest is received.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
The VA records in this system are obtained from the applicant,
lenders, brokers and builder/sellers, an applicant's credit sources,
depository institutions and employers, hazard insurance companies,
taxing authorities, title companies, fee personnel, other VA records,
other Federal, State and local agencies, and other parties of
interest involving VA-guaranteed, insured, vendee or direct loans or
specially adapted housing.
Systems exempted from certain provisions of the act:
The Administrator of Veterans Affairs has exempted this system of
records from the following provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(k)(2).
5 U.S.C. 552a(c)(3)
5 U.S.C. 552a(d)
5 U.S.C. 552a(e)(1)
5 U.S.C. 552a(e)(4)(G), (H) and (I)
5 U.S.C. 552a(f)
Reasons for exemptions:
The exemption of information and material
in this system fo records is necessary in order to accomplish the law
enforcement functions of the Loan Guaranty Service to prevent
subjects of internal audit investigations for potential fraud and
abuse in the VA Loan Guaranty Program from frustrating the
investigatory process, to fulfill commitments made to protect the
confidentiality of sources, to maintain access to sources of
information and to avoid endangering these sources.
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