VA Updates Mortgage Policies for Same-Sex Couples

Mortgage News

Mortgage Daily Staff

                                                 November 6, 2015

The Department of Veterans Affairs has revised its policies for processing and underwriting loan applications for same-sex married couples.

In Obergefell v. Hodges, the Supreme Court held on June 26 that states must license marriages between two people of the same sex.

In addition, the decision held that couples who were married in another state must be recognized as married in the states where they reside.

In
Circular 26-15-29, VA said it now recognizes all same-sex marriages regardless of where the veteran resides.

“The administrations within VA will apply the same level of scrutiny to all veterans’ marriages, regardless of whether they are same-sex or opposite-sex marriages,” the notice stated. “VA will therefore process claims and applications involving same-sex marriage in the same manner as claims and applications based on opposite-sex marriage, without any additional scrutiny or development.”

The agency said it will
now accept a claimant’s or applicant’s assertion that he or she is married as sufficient evidence to establish marriage to the veteran.

Veteran spouses can assert their marriage on
VA Form 26-1802a, HUD/VA Addendum to Uniform Residential Loan Application.

VA concluded that lenders should
process loan applications for same-sex married couples the same way as they do for loan applications based on opposite-sex marriage, without any additional scrutiny or development.

Mortgage Daily Staff

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