**§36.4342 Delegation of authority.**

\(a\) Except as hereinafter provided, each employee of the Department of
Veterans Affairs heretofore or hereafter appointed to, or lawfully
filling, any position designated in paragraph (b) of this section is
hereby delegated authority, within the limitations and conditions
prescribed by law, to exercise the powers and functions of the Secretary
with respect to the guaranty or insurance of loans and the rights and
liabilities arising therefrom, including but not limited to the
adjudication and allowance, disallowance, and compromise of claims; the
collection or compromise of amounts due, in money or other property; the
extension, rearrangement, or acquisition of loans; the management and
disposition of secured and unsecured notes and other property; and those
functions expressly or impliedly embraced within paragraphs (2) to (6),
inclusive, of 38 U.S.C. 3720(a). Incidental to the exercise and
performance of the powers and functions hereby delegated, each such
employee is authorized to execute and deliver (with or without
acknowledgment) for, and on behalf of, the Secretary, evidence of
guaranty or of insurance credits and such certificates, forms,
conveyances, and other instruments as may be appropriate in connection
with the acquisition, ownership, management, sale, transfer, assignment,
encumbrance, rental, or other disposition of real or personal property,
or, of any right, title, or interest therein, including, but not limited
to, contracts of sale, installment contracts, deeds, leases, bills of
sale, assignments, and releases; and to approve disbursements to be made
for any purpose authorized by 38 U.S.C. chapter 37.

\(b\) Designated positions:

> Under Secretary for Benefits
>
> Director, Loan Guaranty Service
>
> Director, Medical and Regional Office Center
>
> Director, VA Regional Office and Insurance center
>
> Director, Regional Office
>
> Loan Guaranty Officer
>
> Assistant Loan Guaranty Officer

The authority hereby delegated to employees of the positions designated
in this paragraph may, with the approval of the Under Secretary for
Benefits, be redelegated.

\(c\) Nothing in this section shall be construed (1) to authorize any
such employee to exercise the authority vested in the Secretary under 38
U.S.C. 501(a) or 3703(a)(2) or to sue, or enter appearance for and on
behalf of the Secretary, or confess judgment against the Secretary in
any court without the Secretary's prior authorization; or (2) to include
the authority to exercise those powers delegated to the Under Secretary
for Benefits, or the Director, Loan Guaranty Service, under §36.4320(j),
36.4335 or 36.4343:

*Provided,* That, anything in the regulations concerning guaranty or
insurance of loans to veterans to the contrary notwithstanding, any
evidence of guaranty or insurance issued on or after July 1, 1948, by
any of the employees designated in paragraph (b) of this section or by
any employee designated an authorized agent or a loan guaranty agent
shall be deemed to have been issued by the Secretary, subject to the
defenses reserved in 38 U.S.C. 3721.

\(d\) Each Regional Office, regional office and insurance center, and
Medical and Regional Office Center shall maintain and keep current a
cumulative list of all employees of that Office or Center who, since May
1, 1980, have occupied the positions of Director Loan Guaranty Officer,
and Assistant Loan Guaranty Officer. This list will include each
employee's name, title, date the employee assumed the position, and the
termination date, if applicable, of the employee's tenure in such
position. The list shall be available for public inspection and copying
at the Regional Office, or Center, during normal business hours.

\(e\) (1) Authority is hereby delegated to the officers, designated in
paragraph (e)(2) of this section, of the entity performing loan
servicing functions under a contract with the Secretary to execute on
behalf of the Secretary all documents necessary for the servicing and
termination of a loan made or acquired by the Secretary pursuant to 38
U.S.C. chapter 37 (other than under subchapter vi of that chapter).
Documents executed under this paragraph include but are not limited to:
loan modification agreements, notices of default and other documents
necessary for loan foreclosure or termination, notices of appointment or
substitution of trustees under mortgages or deeds of trust, releases or
satisfactions of mortgages or deeds of trust, acceptance of
deeds-in-lieu of foreclosure, loan assumption agreements, loan
assignments, deeds tendered upon satisfaction or conversion of an
installment land sales contract, and documents related to filing,
pursuing and settling claims with insurance companies relating to hazard
coverage on properties securing loans being serviced.

\(2\) The designated officers are: Vice President, Assistant Vice
President, and Assistant Secretary.

\(3\) The Director, Loan Guaranty Service, Washington, DC, shall
maintain a log listing all persons authorized to execute documents
pursuant to paragraph (e) of this section and the dates such persons
held such authority, together with certified copies of resolutions of
the board of directors of the entity authorizing such individuals to
perform the functions specified in paragraph (e)(1) of this section.
These records shall be available for public inspection and copying at
the Office of the Director of VA Loan Guaranty Service, Washington, DC
20420.

\(f\) (1) Authority is hereby delegated to the officers, designated in
paragraph (f)(2) of this section, of the entity performing property
management and sales functions under a contract with the Secretary to
execute on behalf of the Secretary all documents necessary for the
management and sales of residential real property acquired by the
Secretary pursuant to 38 U.S.C. chapter 37. Documents executed under
this paragraph include but are not limited to: sales contracts, deeds,
documents relating to removing adverse occupants, and any documents
relating to sales closings. The authorization to execute deeds is
limited to deeds other than general warranty deeds.

\(2\) The designated officers are: Senior Vice President, Vice
President, Assistant Vice President, Assistant Secretary, Director,
Senior Manager, and Regional Manager.

\(3\) The Director, Loan Guaranty Service, Washington, DC, shall
maintain a log listing all persons authorized to execute documents
pursuant to paragraph (f) of this section and the dates such persons
held such authority, together with certified copies of resolutions of
the board of directors of the entity authorizing such individuals to
perform the functions specified in paragraph (f)(1) of this section.
These records shall be available for public inspection and copying at
the Office of the Director of VA Loan Guaranty Service, Washington, DC
20420. (Authority: 38 U.S.C. 501, 3720(a)(5))

\[23 FR 2217, Apr. 4, 1958, and 24 FR 2655 Apr. 7, 1959, as amended at
40 FR 34593 Aug. 18, 1975; 43 FR 60460, Dec. 28, 1978; 45 FR 21243, Apr.
1, 1980; 46 FR 43673, Aug. 31, 1981; 54 FR 34988, Aug. 23, 1989; 61 FR
28058, June 4, 1996; 66 FR 32231, June 14, 2001; 69 FR 10619, Mar. 8,
2004; 71 FR 30618, May 30, 2006\]

**Supplement *Highlights* references**: 15(1), 23(1), 27(1), 30(1).

Reserved