68498 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

services, preventive services, restorative 

services, endodontic services, 

periodontic services, oral surgery 

services, and other general services. The 

following is the minimum TRDP 

covered dental benefit: 

(i) Diagnostic services. 

(A) Clinical oral examinations. 

(B) Radiographs and diagnostic 

imaging. 

(C) Tests and laboratory examinations. 

(ii) Preventive services. 

(A) Dental prophylaxis. 

(B) Topical fluoride treatment (office 

procedure). 

(C) Sealants. 

(D) Other preventive services. 

(E) Space maintenance. 

(iii) Restorative services. 

(A) Amalgam restorations. 

(B) Resin-based composite 

restorations. 

(C) Other restorative services. 

(iv) Endodontic services. 

(A) Pulp capping. 

(B) Pulpotomy and pulpectomy. 

(C) Root canal therapy. 

(D) Apexification and recalcification 

procedures. 

(E) Apicoectomy and periradicular 

services. 

(F) Other endodontic procedures. 

(v) Periodontic Services. 

(A) Surgical services. 

(B) Periodontal services. 

(vi) Oral surgery. 

(A) Extractions. 

(B) Surgical extractions. 

(C) Alveoloplasty. 

(D) Biopsy. 

(E) Other surgical procedures. 

(vii) Other general services. 

(A) Palliative (emergency) treatment 

of dental pain. 

(B) Therapeutic drug injection. 

(C) Other drugs and/or medicaments. 

(D) Treatment of postsurgical 

complications. 

* * * * * 

(3) Alternative course of treatment 

policy. The Director, TRICARE 

Management Activity, or designee, may 

establish, in accordance with generally 

accepted dental benefit practices, an 

alternative course of treatment policy 

which provides reimbursement in 

instances where the dentist and TRDP 

enrollee select a more expensive service, 

procedure, or course of treatment than 

is customarily provided. * * * 

* * * * * 

(g) Maximum coverage amounts. Each 

enrollee is subject to an annual 

maximum coverage amount for nonorthodontic dental benefits and, if an 

orthodontic benefit is offered, a lifetime 

maximum coverage amount for 

orthodontics as established by the 

Director, TRICARE Management 

Activity, or designee. 

* * * * * 

(k) All levels of appeals and 

grievances established by the Contractor 

for internal review shall be exhausted 

prior to forwarding to TRICARE 

Management Activity for a final review. 

* * * 

* * * * * 

Dated: November 20, 2006. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E6–19975 Filed 11–24–06; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 36 

RIN 2900–AL65 

Loan Guaranty: Loan Servicing and 

Claims Procedures Modifications 

AGENCY: Department of Veterans Affairs. 

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document provides 

supplemental notice regarding a 

proposal to amend the Department of 

Veterans Affairs (VA) Loan Guaranty 

regulations related to several aspects of 

the servicing and liquidating of 

guaranteed housing loans in default, 

and submission of guaranty claims by 

loan holders. It provides specific 

information regarding the computerbased system that VA proposes to 

implement as part of the loan servicing 

and claims procedure modifications in 

this rulemaking. VA is reopening the 

comment period for the limited purpose 

of accepting public comments 

concerning the supplemental 

information provided in this notice. 

DATES: Comments must be received on 

or before December 11, 2006. All 

comments previously received 

following publication of the proposed 

rule referenced above are being 

considered and do not need to be 

resubmitted. 

ADDRESSES: Written comments may be 

submitted through www.regulations.gov; 

by mail or hand-delivery to the Director, 

Regulations Management (00REG), 

Department of Veterans Affairs, 810 

Vermont Ave., NW, Room 1068, 

Washington, DC 20420; or by fax to 

(202) 273–9026. Comments should 

indicate that they are submitted in 

response to ‘‘RIN 2900–AL65.’’; Copies 

of comments received will be available 

for public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 273–9515 for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Document 

Management System (FDMS). 

Comments previously received 

regarding the notice of proposed 

rulemaking for RIN 2900–AL65, 

published February 18, 2005 (70 FR 

8472), will still be considered in the 

rulemaking process and do not need to 

be resubmitted. 

FOR FURTHER INFORMATION CONTACT: 

Mike Frueh, Assistant Director for Loan 

Management (261), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW, 

Washington, DC 20420, at 202–273–

7325. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: VA 

published a notice of proposed 

rulemaking in the Federal Register on 

February 18, 2005 (70 FR 8472), to 

amend regulations concerning the 

servicing and claims submission 

requirements on VA-guaranteed home 

loans. Included in that proposed rule 

were requirements for reporting 

information to VA under new 38 CFR 

36.4315a. Under the Revised Reporting 

Requirements preamble heading, 70 FR 

8474–8475, VA stated that proposed 

§ 36.4315a would require all loan 

holders to electronically report 

information to the Department by use of 

a computer system, and that VA would 

be providing more specific information 

on this system prior to implementation. 

As VA has progressed in developing the 

VA Loan Electronic Reporting Interface 

(VALERI) necessary to receive reports 

from loan servicers, it has more clearly 

defined the system events and data 

elements that would be reported under 

§ 36.4315a and is now ready to submit 

for public comment this more detailed 

information on VALERI. VA identifies 

these events and data elements in the 

supplementary information that follows. 

Event Definitions 

(1) Loan paid in full—when the loan 

obligation has been fully satisfied by 

receipt of funds and not a servicing 

transfer. 

(2) Transfer of ownership—when the 

title holder of the property changes. 

(3) Release of liability—when an 

obligor has been released from liability. 

(4) Unauthorized transfer of 

ownership—when the servicer discovers 


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that the loan has been assumed without 

prior approval (only on loans originated 

on or after March 1, 1988). 

(5) SCRA relief filed—when any 

obligor on the loan requests or is 

deemed to be entitled to relief with 

regard to the loan under the 

Servicemembers Civil Relief Act 

(SCRA). 

(6) Partial release of security—when 

pursuant to 38 CFR 36.4324, the holder 

has released the lien on a part of the 

security for the loan. 

(7) Insurable loss occurred—when an 

insurable loss has occurred on the loan. 

(8) Servicing transfer (transferring 

servicer)—when a servicer of a loan 

transfers servicing to a new servicer. 

(9) Servicing transfer (receiving 

servicer)—when the new servicer boards 

the loan. 

(10) Electronic Default Notification 

(EDN)—when the loan becomes at least 

61 days delinquent. 

(11) Delinquency status—when the 

holder notifies VA of any updates to the 

delinquency information on loans for 

which an EDN has been submitted. 

(12) Contact information change—

when there is a change to the contact 

information for current owners or a 

property or mailing address change. 

(13) Occupancy status change—when 

there is a change in property occupancy 

status. 

(14) Bankruptcy filed—when any 

owner files a petition under the 

Bankruptcy Code. 

(15) Bankruptcy update—when a 

significant event related to the 

bankruptcy has occurred. 

(16) Loss mitigation letter sent—when 

the holder sends the loss mitigation 

letter to the borrower as required by 38 

CFR 36.4346(g)(1)(iv). 

(17) Partial payment returned—when 

the holder returns a partial payment to 

the borrower. 

(18) Default cured/loan reinstated—

when a previously reported default (i.e., 

an EDN was filed) has been cured and 

the loan reinstated. 

(19) Cure/reinstatement reversal—

when a defaulted loan was reported 

‘‘default cured/loan reinstated’’ and it 

must later be reversed. 

(20) Default reported to credit 

bureau—when the holder notifies any of 

the credit bureaus of a defaulted loan or 

loan termination. 

(21) Extenuating property 

circumstances—when extenuating 

property circumstances occur. 

(22) Repayment plan approved—

when the holder approves a repayment 

plan. 

(23) Repayment plan infeasible—

when the holder determines that a 

repayment plan is not feasible. 

(24) Special forbearance approved—

when the holder approves a special 

forbearance agreement. 

(25) Special forbearance infeasible—

when the holder determines that a 

special forbearance agreement is not 

feasible. 

(26) Loan modification approved—

when the holder approves a loan 

modification. 

(27) Loan modification complete—

when both the holder and the owner(s) 

have executed the modification 

agreement. 

(28) Loan modification infeasible—

when the holder determines the loan 

modification option infeasible. 

(29) Compromise sale approved—

when the holder approves a 

compromise sale. 

(30) Compromise sale complete—

when a compromise sale closes. 

(31) Compromise sale infeasible—

when the holder determines the 

compromise sale option infeasible. 

(32) Deed-in-lieu of foreclosure 

approved—when the holder approves a 

deed-in-lieu of foreclosure. 

(33) Deed-in-lieu of foreclosure 

complete—when the holder records the 

deed-in-lieu of foreclosure. 

(34) Deed-in-lieu of foreclosure 

infeasible—when the holder determines 

the deed-in-lieu of foreclosure option 

infeasible. 

(35) Foreclosure referral—when the 

loan is referred to legal counsel for 

foreclosure. 

(36) Foreclosure sale scheduled—

when the foreclosure sale is scheduled. 

(37) Substantial equity case—when 

the holder determines that equity of at 

least 25 percent exists per 38 CFR 

36.4319a(e). 

(38) Foreclosure sale postponed or 

cancelled—when the foreclosure sale is 

postponed or cancelled. 

(39) Results of sale—when the 

foreclosure sale is complete, the holder 

reports the results of the foreclosure 

sale. 

(40) Transfer of custody—when the 

holder notifies VA of the holder’s intent 

to convey the property. 

(41) Improper transfer of custody—

when the holder discovers that the 

conveyance of the property to VA was 

improper. 

(42) Invalid sale results—when the 

foreclosure sale is invalid. 

(43) Changed sale results—when the 

foreclosure sale results were changed. 

(44) Confirmed sale date with no 

transfer of custody—when the loan is 

terminated, the property is not 

conveyed, and the property is located in 

a confirmation/ratification of sale state. 

(45) Basic claim information—when 

the holder files a claim under guaranty. 

(46) Refunding Settlement—when VA 

refunds a loan and the holder reports 

the tax and insurance information. 

DATA ELEMENT DEFINITIONS

Event name Data elements Business definition of data element 

Header information for all event reporting.VA loan number ............................. 12 position unique identifier for each loan guaranteed by VA. The VA 

Loan Number consists of a two-position numeric code for the regional office which has jurisdiction over the loan (OJ), a two-position numeric code for the regional office which originated the loan 

(OO), a one-position code for the type of loan (T), and a seven-position serial number or loan number (NNNNNNN). The format is 

OJOOTNNNNNNN. VALERI uses the twelve-digit VA loan number 

as the primary means of identifying loan data. 

Header information .......................... Date of the loan ............................. Month, day, and year that the loan originated. 

Header information .......................... Original loan amount ..................... Total amount of principal owed on the mortgage at loan origination 

before any payments are made on the loan. 

Header information .......................... Property state abbreviation ........... The state abbreviation of the expanded property address. 

Header information .......................... Current servicer identification number.Unique VA-issued number for the servicer location that is responsible 

for billing, collecting and disbursing payments, and filing reports on 

the VA loan. VALERI also uses this as secondary loan identification data, as needed, to identify records. 


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DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Header information .......................... Servicer loan number .................... Unique servicer-issued number given to the VA loan for record keeping on the servicer system. VALERI also uses this as secondary 

loan identification data, as needed, to identify records. 

Header information .......................... Unique event ID ............................. Unique event identification number for event the servicer is reporting. 

Monthly loan status update ............. Unpaid principal balance ............... Present portion of the loan not yet repaid, exclusive of interest or 

other charges. 

Monthly loan status update ............. Payment due date (a.k.a. date of 

first uncured default).

Month, day, and year of the earliest payment not fully satisfied by the 

proper application of available credits or deposits. 

Loan paid in full ............................... Date loan was paid in full .............. Month, day, and year of full satisfaction of a guaranteed loan. 

Transfer of ownership ..................... Date of transfer of ownership ........ Month, day, and year that loan is assumed by another party (date of 

settlement). 

Transfer of ownership ..................... Last name of transferee, if applicable.Last name of individual assuming the loan; reported if an individual 

and not an entity is assuming the loan. 

Transfer of ownership ..................... First name of transferee, if applicable.First name of individual assuming the loan; reported if an individual 

and not an entity is assuming the loan 

Transfer of ownership ..................... Middle initial of transferee, if applicable.Middle initial of individual assuming the loan; reported if an individual 

and not an entity is assuming the loan. 

Transfer of ownership ..................... Suffix of transferee, if applicable ... Suffix (Jr., Sr., III, etc.), if any, of individual assuming loan; reported if 

an individual and not an entity is assuming the loan. 

Transfer of ownership ..................... Social security number of transferee, if applicable.Social security number of individual assuming loan; reported if an individual and not an entity is assuming the loan. 

Transfer of ownership ..................... Name of entity assuming loan, if 

applicable.

Name of entity assuming loan, if applicable; reported if an entity and 

not an individual is assuming the loan. 

Transfer of ownership ..................... Taxpayer identification number, if 

applicable.

Taxpayer identification number of entity assuming the loan; reported 

if an entity and not an individual is assuming the loan. 

Transfer of ownership ..................... Last name of co-transferee, if applicable.Last name of second individual assuming the loan; reported if there 

is a co-transferee. 

Transfer of ownership ..................... First name of co-transferee, if applicable.First name of second individual assuming the loan; reported if there 

is a co-transferee. 

Transfer of ownership ..................... Middle initial of co-transferee, if 

applicable.

Middle initial of second individual assuming the loan; reported if there 

is a co-transferee. 

Transfer of ownership ..................... Suffix of co-transferee, if applicable.Suffix (Jr., Sr., III, etc.), if any, of second individual assuming loan; 

reported if there is a co-transferee. 

Transfer of ownership ..................... Social security number of co-transferee, if applicable.Social security number of second individual assuming loan; reported 

if there is a co-transferee. 

Release of liability ........................... Date of release .............................. Month, day, and year on which the former obligor is no longer responsible for the loan. 

Unauthorized transfer of ownership Date servicer discovers unauthorized transfer.Month, day, and year servicer discovers that a transfer of ownership 

occurred without prior approval by VA and/or servicer. 

SCRA relief filed .............................. Date SCRA relief requested .......... Month, day, and year assistance under the SCRA was requested (explicit request or discovery of eligibility during servicing). 

SCRA relief filed .............................. Effective date of SCRA relief (can 

be prior to request date).

Month, day, and year that the veteran became eligible for assistance 

under the SCRA. 

SCRA relief filed .............................. Expected SCRA relief end date .... Month, day, and year the relief is expected to end pursuant to the requirements of the Act. 

Partial release of security ............... Date partial release of security 

document was executed.

Month, day, and year that the security document releasing a portion 

of the secured property is executed. 

Partial release of security ............... Amount of the proceeds from the 

partial release of security that 

are applied to the outstanding 

loan balance.

Amount that is applied to the outstanding loan balance from the partial release of security; if the loan to value ratio is greater than or 

equal to 80 percent, the servicer must apply sufficient proceeds 

from the release to the outstanding loan balance to bring LTV to 

less than 80 percent. 

Partial release of security ............... Amount of consideration offered 

for the property.

Amount offered for the portion of the security being released. 

Partial release of security ............... Date applied to principal ................ Month, day, and year that proceeds from the partial release of security are applied to the loan balance. 

Partial release of security ............... Unpaid principal balance after application of proceeds.Loan balance that is outstanding after application of proceeds from 

the partial release of security. 

Partial release of security ............... Value of remaining security ........... Appraised value of the remaining security after the release is completed. 

Insurable loss occurred ................... Type of damage ............................ Type of property damage that resulted in an insurance claim being 

filed. 

Insurable loss occurred ................... Fire Damage .................................. Type of property damage that resulted in an insurance claim being 

filed is fire damage. 

Insurable loss occurred ................... Neglect ........................................... Type of property damage that resulted in an insurance claim being 

filed is neglect. 

Insurable loss occurred ................... Vandalized ..................................... Type of property damage that resulted in an insurance claim being 

filed is property vandalism. 

Insurable loss occurred ................... Freeze ............................................ Type of property damage that resulted in an insurance claim being 

filed is the result of a freeze. 

Insurable loss occurred ................... Storm ............................................. Type of property damage that resulted in an insurance claim being 

filed is caused by a storm. 


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DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Insurable loss occurred ................... Flood .............................................. Type of property damage that resulted in an insurance claim being 

filed is flood damage. 

Insurable loss occurred ................... Unknown ........................................ Type of property damage that resulted in an insurance claim being 

filed is unknown. 

Insurable loss occurred ................... Hurricane ....................................... Type of property damage that resulted in an insurance claim being 

filed is caused by a hurricane. 

Insurable loss occurred ................... Hail ................................................. Type of property damage that resulted in an insurance claim being 

filed is hail damage. 

Insurable loss occurred ................... Tornado ......................................... Type of property damage that resulted in an insurance claim being 

filed is tornado damage. 

Insurable loss occurred ................... Wind ............................................... Type of property damage that resulted in an insurance claim being 

filed is wind damage. 

Insurable loss occurred ................... Mud/Landslide ............................... Type of property damage that resulted in an insurance claim being 

filed is mud or landslide damage. 

Insurable loss occurred ................... Earthquake .................................... Type of property damage that resulted in an insurance claim being 

filed is earthquake damage. 

Insurable loss occurred ................... Boiler Explosion ............................. Type of property damage that resulted in an insurance claim being 

filed was caused by a boiler explosion. 

Insurable loss occurred ................... Untypical Damage ......................... Type of property damage that resulted in an insurance claim being 

filed is other than the typical specified reasons. 

Insurable loss occurred ................... Date damage discovered .............. Month, day, and year the damage is discovered by the servicer. 

Insurable loss occurred ................... Date insurance claim filed ............. Month, day, and year that the insurance claim for damage is filed, either by the borrower or the servicer. 

Insurable loss occurred ................... Total loss (Y/N) .............................. Decision made by the insurance company as to whether or not the 

property can be repaired. 

Servicing transfer (transferring 

servicer).

Servicing release date ................... Month, day, and year that a servicer transfers responsibility for servicing a guaranteed loan to another servicer. 

Servicing transfer (transferring 

servicer).

Name of new servicer ................... Name of servicer receiving responsibility for servicing a guaranteed 

loan. 

Servicing transfer (receiving 

servicer).

Date loan acquired ........................ Month, day, and year on which a servicer became responsible for 

servicing a guaranteed loan. 

Servicing transfer (receiving 

servicer).

Previous servicer loan number ...... Loan number associated with the loan on the previous servicer’s system. 

Electronic default notification .......... Date of first payment on the original loan.Month, day, and year of the first scheduled payment on the loan (per 

the loan instruments). 

Electronic default notification .......... Payment due date ......................... Month, day, and year of the earliest payment not fully satisfied by the 

proper application of available credits or deposits. 

Electronic default notification .......... Property address line 1 ................. The first line of the expanded property address. 

Electronic default notification .......... Property address line 2 ................. The second line of the expanded property address. 

Electronic default notification .......... Property address unit number ....... The unit number of the expanded property address. 

Electronic default notification .......... Property address city ..................... The city name of the expanded property address. 

Electronic default notification .......... Property address zip code ............ A group of fields containing the zip code. 

Electronic default notification .......... Property address suffix .................. The zip code suffix of the expanded property address. 

Electronic default notification .......... Property address state abbreviation.The state abbreviation of the expanded property address. 

Electronic default notification .......... Last name of current owner, if applicable.Surname of the individual who currently owns the property; if owner 

is an individual and not an entity. 

Electronic default notification .......... First name of current owner, if applicable.First name of the individual who currently owns the property. 

Electronic default notification .......... Middle initial of current owner, if 

applicable.

First letter of the middle name, if any, of the individual who currently 

owns the property; if owner is an individual and not an entity. 

Electronic default notification .......... Suffix of current owner, if applicable.Suffix (Jr., Sr., III, etc.), if any, of the individual who currently owns 

the property; if owner is an individual and not an entity. 

Electronic default notification .......... Social security number of current 

owner; if current owner is an individual.

Unique SSA-issued number assigned to the individual who currently 

owns the property; if owner is an individual and not an entity. 

Electronic default notification .......... Last name of current co-owner, if 

applicable.

Surname of the individual who currently co-owns the property, if applicable. 

Electronic default notification .......... First name of current co-owner, if 

applicable.

First name of the individual who currently co-owns the property, if applicable. 

Electronic default notification .......... Middle initial of current co-owner, 

if applicable.

First letter of the middle name, if any, of the individual who currently 

co-owns the property, if applicable. 

Electronic default notification .......... Suffix of current co-owner, if applicable.Suffix (Jr., Sr., III, etc.), if any, of the individual who currently co-owns 

the property, if applicable. 

Electronic default notification .......... Social security number of current 

co-owner; if applicable.

Unique SSA-issued number assigned to the individual who currently 

co-owns the property, if applicable. 

Electronic default notification .......... Name of entity that is current 

owner, if applicable.

Name of entity that currently owns the property, if owner is an entity 

and not an individual. 

Electronic default notification .......... Taxpayer identification number, if 

current owner is an entity.

Unique IRS-issued number assigned to the entity who currently owns 

the property, if owner is an entity and not an individual. 

Electronic default notification .......... Mailing address line 1 (if different 

from property address).

First line of the mailing address of current owners. 


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DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Electronic default notification .......... Mailing address line 2 (if different 

from property address).

Second line of the mailing address of current owners. 

Electronic default notification .......... Mailing address suffix (if different 

from property address).

The zip code suffix of the mailing address. 

Electronic default notification .......... Mailing address unit number (if different from property address).The unit number of the expanded mailing address. 

Electronic default notification .......... Mailing address city (if different 

from property address).

The city name of the expanded mailing address. 

Electronic default notification .......... Mailing address zip code (if different from property address).A group of fields containing the zip code +4 of the expanded mailing 

address. 

Electronic default notification .......... Mailing address state abbreviation 

(if different from property address).

The state abbreviation of the expanded mailing address. 

Electronic default notification .......... Interest rate on loan ...................... Rate of interest charged on the loan, expressed as a percentage, per 

the loan instruments. 

Electronic default notification .......... Unpaid principal balance ............... Present portion of the loan not yet repaid, exclusive of interest or 

other charges. 

Electronic default notification .......... Principal and interest (P&I) portion 

of monthly installment.

Amount of principal and interest due monthly under the terms of the 

loan agreement. 

Electronic default notification .......... Taxes and insurance (T&I) portion 

of monthly installment.

Amount of the tax and insurance deposit due monthly under the 

terms of the loan agreement and determined by the servicer in accordance with Real Estate Settlement Procedures Act (RESPA). 

Electronic default notification .......... Other portion of monthly installment.Amount due monthly that does not pertain to principal and interest, 

taxes and insurance or late charges due under the terms of the obligation as of notice date (e.g., Homeowner Association (HOA) 

fees). 

Electronic default notification .......... Late charges due ........................... Amount due as a result of penalties imposed by the servicer that a 

borrower must pay when a payment is missed or made after the 

due date under the terms of the obligation as of notice date. 

Electronic default notification .......... Occupant of property ..................... Status of who currently resides in the property securing the loan obligation, or reason why no one resides there. 

Electronic default notification .......... Original veteran ............................. Individual who signed the loan documents and originated the loan. 

Electronic default notification .......... Tenant ............................................ Individual who rents or leases the property securing the loan obligation. 

Electronic default notification .......... Transferee ..................................... Individual who purchased the property and may have assumed the 

loan. 

Electronic default notification .......... Vacant ............................................ Property is not occupied by anyone but appears to be maintained 

and is secure. 

Electronic default notification .......... Abandoned .................................... Property is vacant, is not being maintained, is not offered for sale or 

rent, and there has been no contact with the current owner. 

Electronic default notification .......... First phone number (obligor 1) ...... First phone number (obligor 1). 

Electronic default notification .......... Phone number type for first phone 

number (obligor 1).

Phone number type for first phone number (obligor 1). 

Electronic default notification .......... Home ............................................. Home. 

Electronic default notification .......... Work .............................................. Work. 

Electronic default notification .......... Cell ................................................. Cell. 

Electronic default notification .......... Second phone number (obligor 1) Second phone number (obligor 1). 

Electronic default notification .......... Phone number type for second 

phone number (obligor 1).

Phone number type for second phone number (obligor 1). 

Electronic default notification .......... Home ............................................. Home. 

Electronic default notification .......... Work .............................................. Work. 

Electronic default notification .......... Cell ................................................. Cell. 

Electronic default notification .......... Phone number (obligor 2) ............. Phone number (obligor 2). 

Electronic default notification .......... Phone number type (obligor 2) ..... Phone number type (obligor 2). 

Electronic default notification .......... Home ............................................. Home. 

Electronic default notification .......... Work .............................................. Work. 

Electronic default notification .......... Cell ................................................. Cell. 

Electronic default notification .......... Phone number 1 (other authorized 

party).

Phone number 1 (other authorized party). 

Electronic default notification .......... Primary reason for default 

(servicer may report only one).

Reason obligor is unable to or did not remit monthly payments. 

Electronic default notification .......... Business failure ............................. Reason for default is the occupation, work, or trade in which obligor 

is engaged did not generate enough funds for obligor to meet his 

financial obligations. 

Electronic default notification .......... Casualty loss ................................. Reason for default is the damage to the property as a result of a fire, 

storm, accident, flood, earthquake, or other catastrophic event. 

Electronic default notification .......... Curtailment of income ................... Reason for default is a reduction or the curtailment of obligor’s income from employment, investment, or other sources. 

Electronic default notification .......... Death of borrower .......................... Reason for default is that the obligor died. 

Electronic default notification .......... Death of borrower’s family member.Reason for default is the death of obligor’s relative who was contributing towards the loan (directly or indirectly) and/or that obligor has 

incurred extraordinary expenses as a result of such death. 


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DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Electronic default notification .......... Distant employment transfer ......... Reason for default is the result of the borrower being transferred or 

relocated to a distant job location. 

Electronic default notification .......... Energy/environmental cost ............ Reason for default is the result of the borrower incurring excessive 

energy related costs or costs associated with removal of an environmental hazard in or near the property. 

Electronic default notification .......... Excessive obligations .................... Reason for default is obligor(s) incurred excessive debt in addition to 

the mortgage obligation or the mortgage payment has increased 

significantly. 

Electronic default notification .......... Fraud ............................................. Reason for default is a legal dispute arising out of a fraudulent or illegal action that occurred in connection with the origination of the 

mortgage or at a later date. 

Electronic default notification .......... Illness of borrower ......................... Reason for default is a serious illness that keeps the borrower from 

working and generating income, and/or the borrower has incurred 

extraordinary expenses as a result of the illness. 

Electronic default notification .......... Illness of borrower’s family ............ Reason for default is the result of obligor(s) incurring extraordinary 

expenses as the result of the illness of a family member. 

Electronic default notification .......... Inability to rent property ................. Reason for default is obligor has insufficient income and/or assets to 

make the monthly mortgage payment and the rental property is vacant. 

Electronic default notification .......... Inability to sell property ................. Reason for default is obligor has insufficient income and/or assets to 

make the monthly mortgage payment and is unable to sell the 

property. 

Electronic default notification .......... Incarceration .................................. Reason for default is the result of obligor being jailed or imprisoned, 

regardless of whether obligor is still incarcerated. 

Electronic default notification .......... Marital difficulties ........................... Reason for default is problems associated with separation or divorce 

including dispute over payments during divorce settlement, reduction in income available to pay the mortgage debt, etc. 

Electronic default notification .......... Military service ............................... Reason for default is the result of obligor being called into active duty 

status and the military pay is insufficient to make the monthly mortgage payment. 

Electronic default notification .......... Payment adjustment ...................... Reason for default is the result of the borrower being unable to make 

new payments that resulted from an increase in the monthly payment. 

Electronic default notification .......... Payment dispute ............................ Reason for default is the result of a disagreement between obligor 

and the mortgage servicer about the amount of the mortgage payment, the acceptance of a partial payment, the application of previous payments, etc., that result in obligor refusing to make payments until the dispute is resolved. 

Electronic default notification .......... Property problems ......................... Reason for default is the result of the condition of the property such 

as substandard construction, expensive and extensive repairs required, etc. 

Electronic default notification .......... Servicing problems ........................ Reason for default is the result of obligor being dissatisfied with the 

servicer of the loan or with the fact that servicing has been transferred to a new servicer. 

Electronic default notification .......... Tenant not paying .......................... Reason for default is the result of the obligor’s tenant not paying rent. 

Electronic default notification .......... Transfer of ownership .................... Reason for default is the result of the obligor not making payments 

while sale of the property is pending. 

Electronic default notification .......... Unemployment notification ............ Reason for default is the result of a reduction in obligor’s income due 

to loss of job. 

Electronic default notification .......... Borrower never responded to outreach.Reason for default is unknown (unable to get contact or unable to determine the reason). 

Delinquency status .......................... Unpaid principal balance (UPB) .... Amount of principal due under the terms of the obligation as of payment due date. 

Delinquency status .......................... Payment due date ......................... Month, day, and year of the earliest payment not fully satisfied by the 

proper application of available credits or deposits. 

Delinquency status .......................... Principal and interest (P&I) portion 

of monthly installment, if 

changed.

Amount of principal and interest due monthly under the terms of the 

loan agreement, if changed from last report. 

Delinquency status .......................... Taxes and insurance (T&I) portion 

of monthly installment, if 

changed.

Amount of taxes and insurance due monthly under the terms of the 

loan agreement, if changed from last report. 

Delinquency status .......................... Other portion of monthly installment, if changed.Amount due that does not pertain to principal and interest and/or 

taxes and insurance, due under the terms of the obligation (example is HOA fees), if changed from last report. 

Delinquency status .......................... Late charges due ........................... Amount due as a result of penalties imposed by the servicer that a 

borrower must pay when a payment is missed or made after the 

due date under the terms of the obligation as of notice date. 

Delinquency status .......................... Expenses incurred to date ............ Any costs that have been paid by the servicer and can be charged to 

the loan. 

Contact information change ............ Updated mailing address line 1 (if 

different from property address).

First line of the mailing address of current owners, if changed from 

last report. 


hsrobinson on PROD1PC61 with PROPOSALS
68504 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Contact information change ............ Updated mailing address line 2 (if 

different from property address).

Second line of the mailing address of current owners, if changed 

from last report. 

Contact information change ............ Updated mailing address unit 

number (if different from property address).

The unit number of the expanded mailing address, if changed from 

last report. 

Contact information change ............ Updated mailing address city (if 

different from property address).

The city name of the expanded mailing address, if changed from last 

report. 

Contact information change ............ Updated mailing address zip code 

(if different from property address).

A group of fields containing the zip code of the expanded mailing address, if changed from last report. 

Contact information change ............ Updated mailing address suffix (if 

different from property address).

The zip code suffix of the mailing address, if changed from last report. 

Contact information change ............ Updated mailing address state abbreviation (if different from property address).The state abbreviation of the expanded mailing address, if changed 

from last report. 

Contact information change ............ Updated first phone number (obligor 1).First phone number (obligor 1). 

Contact information change ............ Updated phone number type for 

first phone number (obligor 1).

Phone number type for first phone number (obligor 1). 

Contact information change ............ Home ............................................. Home. 

Contact information change ............ Work .............................................. Work. 

Contact information change ............ Cell ................................................. Cell. 

Contact information change ............ Updated second phone number 

(obligor 1).

Second phone number (obligor 1). 

Contact information change ............ Updated phone number type for 

second phone number (obligor 

1).

Phone number type for second phone number (obligor 1). 

Contact information change ............ Home ............................................. Home. 

Contact information change ............ Work .............................................. Work. 

Contact information change ............ Cell ................................................. Cell. 

Contact information change ............ Updated phone number (obligor 2) Phone number (obligor 2). 

Contact information change ............ Updated phone number type (obligor 2).Phone number type (obligor 2). 

Contact information change ............ Home ............................................. Home. 

Contact information change ............ Work .............................................. Work. 

Contact information change ............ Cell ................................................. Cell. 

Contact information change ............ Updated phone number 1 (other 

authorized party).

Phone number 1 (other authorized party). 

Occupancy status change ............... Date the change in occupancy status is discovered by servicer.Month, day, and year that occupancy status change was discovered 

by the servicer. 

Occupancy status change ............... Occupancy status .......................... Status of who currently resides in the property securing the loan obligation, or reason why no one resides there. 

Occupancy status change ............... Original veteran ............................. Original veteran currently resides in the property securing the loan 

obligation. 

Occupancy status change ............... Tenant ............................................ Individual rents or leases the property securing the loan obligation. 

Occupancy status change ............... Transferee ..................................... A conveyance was made and an individual/entity currently resides in 

the property securing the loan obligation. 

Occupancy status change ............... Vacant ............................................ Property is not occupied by anyone but appears to be maintained 

and is secure. 

Occupancy status change ............... Abandoned .................................... Property is vacant, is not being maintained, and is not offered for 

sale or rent. 

Bankruptcy filed ............................... Date bankruptcy filed ..................... Month, day, and year that obligor filed for protection under U.S. bankruptcy codes. 

Bankruptcy filed ............................... Type of bankruptcy ........................ Type of bankruptcy (chapter number) under which the obligor filed for 

protection. 

Bankruptcy filed ............................... Chapter 7 ....................................... Chapter of the U.S. bankruptcy code providing for the sale of an obligor’s nonexempt property and assets and the distribution of the 

proceeds to creditors. 

Bankruptcy filed ............................... Chapter 11 ..................................... Chapter of the U.S. bankruptcy code providing obligor or obligor’s 

failing firm protection against all creditors while being reorganized 

to pay off debts. 

Bankruptcy filed ............................... Chapter 12 ..................................... Chapter of the U.S. bankruptcy code designed to give special relief to 

obligor if obligor is a family farmer with seasonal income. 

Bankruptcy filed ............................... Chapter 13 ..................................... Chapter of the U.S. bankruptcy code allowing obligor to begin debt 

repayment without forfeiting property. 

Bankruptcy filed ............................... Bankruptcy case number ............... Case number assigned by the bankruptcy court. 

Bankruptcy filed ............................... Bankruptcy code ............................ Indicates whether the mortgagor, co-mortgagor, or both are filing 

bankruptcy. 

Bankruptcy filed ............................... Only the obligor has filed .............. Indicates that only the obligor has filed for bankruptcy. 

Bankruptcy filed ............................... Only the co-obligor has filed ......... Indicates that only the co-obligor has filed for bankruptcy. 

Bankruptcy filed ............................... Both the obligor and co-obligor 

have filed.

Indicates that both obligor and co-obligor have filed for bankruptcy 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68505 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Bankruptcy filed ............................... Name(s) of debtor(s)–report all applicable.Name of obligor(s) that filed petition for relief under the U.S. bankruptcy code–report all applicable. 

Bankruptcy filed ............................... Alternate debtor ............................. This field indicates the second alternate debtor (if any) for the loan. 

Bankruptcy filed ............................... Social security number (SSN)(s) of 

debtor(s).

Unique SSA-issued number or unique IRS-issued number (TIN) of 

the obligor(s) that filed a petition for relief under the U.S. bankruptcy code. 

Bankruptcy filed ............................... Alternate debtor social security 

number (SSN).

This field indicates the second alternate debtor social security number (if any) for the loan. 

Bankruptcy update .......................... Bankruptcy event ........................... Any significant action taken during the bankruptcy process as defined 

in the eight following items. 

Bankruptcy update .......................... Date relief of stay filed .................. Date a petition was filed by servicer requesting relief from the stay so 

that servicer may proceed to terminate the loan. 

Bankruptcy update .......................... Date of discharge .......................... Date of the court order terminating bankruptcy proceedings, usually 

relieving the obligor of his/her obligation. 

Bankruptcy update .......................... Date of dismissal ........................... Date of the court order terminating the case without either the entry 

of a discharge or a denial of discharge. 

Bankruptcy update .......................... Date stay lifted ............................... Date of the court order permitting collection/termination actions 

against the obligor and/or the property that secures the loan. 

Loss mitigation letter sent ............... Date that the letter was sent ......... Month, day, and year loss mitigation (foreclosure avoidance) notice 

sent by the servicer. 

Partial payment returned ................. Reason why the partial payment 

was returned.

VA-authorized reason for the return of a payment of any amount less 

than the full amount due under the loan terms. 

Partial payment returned ................. Tenant payments not being forwarded.Property is completely or partially tenant-occupied and rental payments are not being paid to servicer for application to the loan account. 

Partial payment returned ................. Less than 50 percent of total due 

and no repayment plan is in 

place.

Payment is less than 50 percent of the total amount then due, and 

the amount has not been agreed to in a documented repayment 

plan. 

Partial payment returned ................. Personal checks not accepted ...... Amount tendered is in the form of a personal check and the borrower 

has been previously notified in writing that only cash or certified 

payments are acceptable. 

Partial payment returned ................. Foreclosure process started .......... Foreclosure has been started with the first action required for foreclosure under local law. 

Partial payment returned ................. Less than one monthly installment 

and no repayment plan in place.

Payment is less than one full monthly installment, including escrow 

and late charges, and the amount has not been agreed to in a documented repayment plan. 

Partial payment returned ................. Less than repayment plan agreed 

amount.

Payment is less than the amount agreed to in a documented repayment plan. 

Partial payment returned ................. Unpaid delinquency over six 

months and no repayment plan 

in place.

Delinquency of any amount has continued for at least 6 months since 

the account first became delinquent and no documented repayment plan has been arranged. 

Partial payment returned ................. Servicer lien would be jeopardized Holder’s lien position would be jeopardized by acceptance of partial 

payment. 

Partial payment returned ................. Date partial payment returned ....... Month, day, and year that servicer returned the partial payment. 

Partial payment returned ................. Amount of partial payment returned.Amount of partial payment that servicer returned. 

Default cured/loan reinstated .......... Date loan reinstated ...................... Month, day, and year all delinquent amounts were fully repaid; a loan 

is current if the payment due date is the first day of the next month 

(as of the last day of the previous month). 

Cure/reinstatement reversal ............ Date of reversal ............................. Month, day, and year the servicer discovered that a previously reported cure was in error. 

Cure/reinstatement reversal ............ Payment due date ......................... Month, day, and year the last full monthly obligation was applied; as 

of the date of the cure reversal. 

Cure/reinstatement reversal ............ Reason for reversal ....................... Basis for determination that all delinquent amounts thought to be fully 

repaid were not. 

Cure/reinstatement reversal ............ NSF check ..................................... Reason for reversal of cured default is that obligor’s bank account 

has insufficient funds available to pay the check. 

Cure/reinstatement reversal ............ Misapplication of funds .................. Reason for reversal of cured default is that funds were applied to the 

loan in error. 

Cure/reinstatement reversal ............ Reporting error (includes erroneously reported servicing transferred).Reason for reversal of cured default is that the servicer reported the 

cure in error. 

Default reported to credit bureau .... Date reported ................................. Month, day, and year that servicer reports to the credit bureau that 

obligor has failed to comply with the terms of the loan agreement. 

Extenuating property circumstances Date the extenuating property circumstance was discovered.The date the property damage was discovered. 

Extenuating property circumstances Type of unusual property circumstance.Basis for determination that foreclosure process should be sped up 

or delayed due to the condition of obligor’s property. 

Extenuating property circumstances Hazardous conditions or materials Reason for extenuating property circumstances is the presence of 

conditions or materials on the property which create an immediate 

or potential danger to the public health or safety or to the environment. 


hsrobinson on PROD1PC61 with PROPOSALS
68506 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Extenuating property circumstances Significant property deterioration ... Reason for extenuating property circumstances is property has deteriorated significantly. 

Extenuating property circumstances Condemned ................................... Reason for extenuating property circumstances is property is deemed 

legally unfit for occupancy or continued existence due to its physical defects or for other causes or the property is being acquired by 

a governmental body for public uses as per receipt of official notice 

from the appropriate local government office. 

Extenuating property circumstances Natural disaster ............................. Reason for extenuating property circumstances is the result of a natural disaster, such as fire, storm, accident, flood, earthquake, or 

other catastrophic event. 

Extenuating property circumstances Property seizure ............................ Law enforcement officials have taken a property that has been used 

(a) in connection with or acquired by illegal activities or (b) in satisfaction of an unpaid judgment. 

Extenuating property circumstances Demolished .................................... Reason for extenuating property circumstances is property has been 

razed. 

Extenuating property circumstances Other .............................................. Reason for extenuating property circumstances is other than one of 

the reasons listed. 

Repayment plan approved .............. Date repayment plan approved ..... Month, day, and year servicer approved written agreement with the 

obligor for reinstatement of the loan through a schedule of increased payments. 

Repayment plan approved .............. Plan start date (month and year) .. Month and year that repayment plan is documented to begin. 

Repayment plan approved .............. Estimated cure date ...................... Estimated month, day, and year the delinquency will be fully satisfied 

by the proper application of available credits or deposits resulting 

from the repay plan. 

Repayment plan infeasible .............. Date of determination .................... Month, day, and year that servicer determines that a repay plan with 

the obligor is not a home retention option. 

Repayment plan infeasible .............. Reason for infeasibility .................. Basis for determination that repay plan with the obligor is not a home 

retention option. 

Repayment plan infeasible .............. Unwilling borrower(s) ..................... Reason for infeasibility of the repay plan is that obligor does not 

agree to a repay plan. 

Repayment plan infeasible .............. Unable to contact .......................... Reason for infeasibility of the repay plan is that servicer is not able to 

contact obligor to negotiate. 

Repayment plan infeasible .............. Current owner not liable ................ Reason for infeasibility of the repay plan is current owner of the property is not the obligor on the loan. 

Repayment plan infeasible .............. Property abandoned ...................... Reason for infeasibility of the repay plan is the property is vacant, is 

not being maintained, is not offered for sale or rent, and no contact 

with the borrower has been established. 

Repayment plan infeasible .............. Insufficient income ......................... Reason for infeasibility of the repay plan is that obligor does not have 

enough income to meet the obligations under a repay plan. 

Special forbearance approved ........ Estimated cure date ...................... Estimated month, day, and year the delinquency will be fully satisfied 

by the proper application of available credits or deposits resulting 

from the proposed special forbearance. 

Special forbearance infeasible ........ Date of determination .................... Month, day, and year that servicer determines that neither suspension nor reduction of obligor’s payments for one or more months is 

a home retention option. 

Special forbearance infeasible ........ Reason for infeasibility .................. Basis for determination that special forbearance with the obligor is 

not a home retention option. 

Special forbearance infeasible ........ Unwilling borrower ......................... Reason for infeasibility of the special forbearance is that obligor does 

not agree to special forbearance. 

Special forbearance infeasible ........ Unable to contact .......................... Reason for infeasibility of the special forbearance is that servicer is 

not able to contact obligor to negotiate. 

Special forbearance infeasible ........ Insufficient income ......................... Reason for infeasibility of the special forbearance is that obligor does 

not have enough income to meet the obligations under a special 

forbearance. 

Special forbearance infeasible ........ Current owner not liable ................ Reason for infeasibility of the special forbearance is current owner of 

the property is not the obligor on the loan. 

Special forbearance infeasible ........ Property abandoned ...................... Reason for infeasibility of the special forbearance is the property is 

vacant, is not being maintained, is not offered for sale or rent, and 

no contact with the homeowner has been established. 

Special forbearance infeasible ........ No means to reinstate ................... Reason for infeasibility of the special forbearance is that reducing 

payments and/or forbearing payments will have no impact on the 

obligor’s inability to cure the delinquency and reinstate the loan. 

Loan modification approved ............ Date modification of loan approved Month, day, and year that servicer approves a permanent change in 

one or more of the terms of the loan and usually includes re-amortization of the balance due. 

Loan modification complete ............ Date loan modification fully executed.Month, day, and year that servicer and borrower execute the modification agreement thereby completing a permanent change in one 

or more of the terms of the loan that results in loan reinstatement. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68507 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Loan modification complete ............ Modified loan amount .................... Total amount of principal owed on the mortgage after the loan modification and before any payments are made; only unpaid principal, 

accrued interest, deficits in the taxes and insurance impound accounts, and advances required to preserve the lien position, such 

as HOA fees, special assessments, water and sewer liens, etc., 

may be included in the modified indebtedness; late fees and other 

charges may not be capitalized. 

Loan modification complete ............ Term .............................................. Number of months over which the unpaid balance of the modified 

loan will be repaid. 

Loan modification complete ............ Modified loan maturity date ........... Month, day, and year that modified loan will be paid in full. 

Loan modification complete ............ Interest rate ................................... Rate of interest charged on the loan, expressed as a percentage, per 

the modified loan instruments. 

Loan modification complete ............ Date of first payment ..................... Month, day, and year that first installment on modified loan is due. 

Loan modification complete ............ New principal and interest (P&I) 

payment.

Monthly amount due (for principal and interest) on the modified loan. 

Loan modification infeasible ............ Date of determination .................... Month, day, and year that servicer determines that loan modification 

is not a home retention option. 

Loan modification infeasible ............ Reason for infeasibility .................. Basis for determination that loan modification with the obligor is not a 

home retention option. 

Loan modification infeasible ............ Unwilling borrower ......................... Reason for infeasibility of the loan modification is that obligor does 

not agree to a loan modification. 

Loan modification infeasible ............ Unable to contact .......................... Reason for infeasibility of the loan modification is that servicer is not 

able to contact obligor to negotiate. 

Loan modification infeasible ............ Insufficient income ......................... Reason for infeasibility of the loan modification is that obligor does 

not have enough income to meet the obligations under a loan 

modification. 

Loan modification infeasible ............ Insufficient borrower contribution .. Reason for infeasibility of the loan modification is that obligor has insufficient cash to satisfy all delinquent amounts not included in the 

new loan amount. 

Loan modification infeasible ............ Junior lien issues ........................... Reason for infeasibility of the loan modification is that junior lien holder refuses to subordinate. 

Loan modification infeasible ............ Ineligible–prior approval denied .... Reason for infeasibility of the loan modification is that VA denied a 

prior approval of a non-conforming loan modification. 

Loan modification infeasible ............ Ineligible–not submitted for prior 

approval.

Reason for infeasibility of the loan modification is that the servicer did 

not submit a non-conforming loan modification for prior approval. 

Loan modification infeasible ............ Current owner not liable ................ Reason for infeasibility of the loan modification is that the current 

owner is not legally liable on the loan. 

Loan modification infeasible ............ Ginnie Mae pooling issues ............ Reason for infeasibility of the loan modification is that the servicer is 

unwilling to bear the cost of repurchasing the loan from the pool 

and/or repooling. 

Loan modification infeasible ............ Property abandoned ...................... Reason for infeasibility of the loan modification is the property is vacant, is not being maintained, and is not offered for sale or rent. 

Loan modification infeasible ............ Not owner occupied ....................... Reason for infeasibility of the loan modification is that the owner does 

not currently reside in the property. 

Compromise sale approved ............ Date purchase offer submitted by 

borrower for consideration.

Month, day, and year that obligor submits a purchase offer to the 

servicer for consideration where the proceeds of the private sale 

will be less than the amount required to pay the mortgage in full. 

Compromise sale approved ............ Date compromise sale approved .. Month, day, and year that servicer approves obligor’s request to complete a private sale where the proceeds will be less than the 

amount required to pay the mortgage in full. 

Compromise sale approved ............ Estimated settlement date ............. Estimated month, day, and year that obligor’s property is scheduled 

to close by private sale and the proceeds will be less than the 

amount required to pay the mortgage in full. 

Compromise sale complete ............ Actual settlement date ................... Actual month, day, and year that obligor’s property was sold to a 

third party in a private sale and the proceeds were less than the 

amount required to pay the mortgage in full. 

Compromise sale complete ............ Payoff of first mortgage loan (line 

504 from HUD–1).

Net proceeds from the sale, listed in line 504 from HUD–1 form (also 

known as the ‘‘closing statement’’ or ‘‘settlement sheet’’), which will 

be applied toward the payoff of the first mortgage loan. 

Compromise sale infeasible ............ Date of determination .................... Month, day, and year that servicer determines that the compromise 

sale is not an alternative to foreclosure. 

Compromise sale infeasible ............ Reason for infeasibility .................. Basis for determination that compromise sale is not an alternative to 

foreclosure. 

Compromise sale infeasible ............ No buyers ...................................... Reason for infeasibility of the compromise sale is that there are no 

buyers interested in the obligor’s property. 

Compromise sale infeasible ............ Closing not consummated ............. Reason for infeasibility of the compromise sale is that a potential sale 

did not legally close. 

Compromise sale infeasible ............ Unwilling borrower(s) ..................... Reason for infeasibility of the compromise sale is that obligor does 

not agree to a compromise sale. 

Compromise sale infeasible ............ Property abandoned ...................... Reason for infeasibility of the compromise sale is the property is vacant, is not being maintained, is not offered for sale or rent, and no 

contact with the homeowner has been established. 


hsrobinson on PROD1PC61 with PROPOSALS
68508 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Compromise sale infeasible ............ Unable to contact .......................... Reason for infeasibility of the compromise sale is that servicer is not 

able to contact obligor to negotiate. 

Compromise sale infeasible ............ Junior lien issues ........................... Reason for infeasibility of the compromise sale is that junior lien holder is unwilling to participate in the compromise sale. 

Compromise sale infeasible ............ Title problems ................................ Reason for infeasibility of the compromise sale is that the owner is 

unable to provide clear title to the prospective purchaser. 

Deed-in-lieu approved ..................... Date DIL was requested ................ Month, day, and year that the obligor requests a voluntary transfer of 

the property to the holder in exchange for a release of all obligations under the mortgage. 

Deed-in-lieu approved ..................... Date of approval ............................ Month, day, and year that a deed in lieu of foreclosure is approved 

by the servicer. 

Deed-in-lieu complete ..................... Date that deed was recorded ........ Month, day, and year that the deed in lieu of foreclosure was recorded with the local government office. 

Deed-in-lieu complete ..................... Net value ....................................... The fair market value of the property minus the VA cost factor (net 

value = fair market value of the property * (1-the net value factor)). 

Deed-in-lieu complete ..................... Total eligible indebtedness ............ The unpaid principal balance, accrued unpaid interest, allowable advances, liquidation expenses, and property preservation expenses 

(if incurred prior to the actual foreclosure sale date or the end of 

the foreclosure timeframe, whichever is earlier), less any credits. 

Deed-in-lieu infeasible ..................... Date of determination .................... Month, day, and year that servicer determines that the deed in lieu of 

foreclosure is not an alternative to foreclosure. 

Deed-in-lieu infeasible ..................... Reason for infeasibility .................. Basis for determination that deed in lieu of foreclosure is not an alternative to foreclosure. 

Deed-in-lieu infeasible ..................... Junior lien(s) .................................. Reason for infeasibility of the deed in lieu of foreclosure is that there 

is a junior lien on the property. 

Deed-in-lieu infeasible ..................... Title problems ................................ Reason for infeasibility of the deed in lieu of foreclosure is that the 

owner is unable to transfer clear title. 

Deed-in-lieu infeasible ..................... Unwilling borrower(s) ..................... Reason for infeasibility of the deed in lieu of foreclosure is that one 

or more of the owners do not agree to a deed in lieu of foreclosure. 

Deed-in-lieu infeasible ..................... Property abandoned ...................... Reason for infeasibility of the deed in lieu of foreclosure is the property is vacant, is not being maintained, is not offered for sale or 

rent, and contact with the homeowner has not been established. 

Deed-in-lieu infeasible ..................... Unable to contact .......................... Reason for infeasibility of the deed in lieu of foreclosure is that 

servicer is not able to contact obligor to negotiate. 

Foreclosure referral ......................... Date of referral to attorney ............ Month, day, and year servicer refers obligor’s loan to legal counsel to 

initiate the foreclosure process. 

Foreclosure referral ......................... Date of most recent property inspection.Month, day, and year of the most recently performed property inspection for the current default. 

Foreclosure referral ......................... Date 30 day delinquency letter 

sent (if no successful phone 

contact).

Month, day, and year that servicer sent 30 day delinquency letter (letter to the borrower if payment has not been received within 30 

days after it was due and telephone contact could not be made—

38CFR 36.4346(g)). 

Foreclosure referral ......................... Date phone contact successful ..... Month, day, and year that servicer successfully contacted obligor via 

telephone for the current default (‘‘right party’’ contact). 

Foreclosure referral ......................... Updated reason for default at time 

of foreclosure.

Basis for determination that foreclosure process should be initiated. 

Foreclosure referral ......................... Business failure ............................. Reason for default is the occupation, work, or trade in which obligor 

is engaged did not generate enough funds to meet his financial obligations. 

Foreclosure referral ......................... Casualty loss ................................. Reason for default is the damage to the property as a result of a fire, 

storm, accident, flood, earthquake, or other catastrophic event. 

Foreclosure referral ......................... Curtailment of income ................... Reason for default is a reduction or the curtailment of obligor’s income from employment, investment, or other sources. 

Foreclosure referral ......................... Death of borrower .......................... Reason for default is that the obligor died. 

Foreclosure referral ......................... Death of borrower’s family member.Reason for default is the death of obligor’s relative who is contributing towards the loan (directly or indirectly) and/or that obligor has 

incurred extraordinary expenses as a result of such death. 

Foreclosure referral ......................... Distant employment transfer ......... Reason for default is the result of the borrower being transferred or 

relocated to a distant job location. 

Foreclosure referral ......................... Energy/environmental cost ............ Reason for default is the result of the borrower incurring excessive 

energy related costs or costs associated with removal of an environmental hazard in or near the property. 

Foreclosure referral ......................... Excessive obligations .................... Reason for default is obligor incurred excessive debt in addition to 

the mortgage obligation or the mortgage payment has increased 

significantly. 

Foreclosure referral ......................... Fraud ............................................. Reason for default is a legal dispute arising out of a fraudulent or illegal action that occurred in connection with the origination of the 

mortgage or at a later date. 

Foreclosure referral ......................... Illness of borrower ......................... Reason for default is a serious illness that keeps the borrower from 

working and generating income, and/or the borrower has incurred 

extraordinary expenses as a result of the illness. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68509 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Foreclosure referral ......................... Illness of borrower’s family ............ Reason for default is the result of obligor incurring extraordinary expenses as the result of the illness of a family member. 

Foreclosure referral ......................... Inability to rent property ................. Reason for default is obligor has insufficient income and/or assets to 

make the monthly mortgage payment and the rental property is vacant. 

Foreclosure referral ......................... Inability to sell property ................. Reason for default is obligor has insufficient income and/or assets to 

make the monthly mortgage payment and is unable to sell the 

property. 

Foreclosure referral ......................... Incarceration .................................. Reason for default is the result of obligor being jailed or imprisoned, 

regardless of whether obligor is still incarcerated. 

Foreclosure referral ......................... Marital difficulties ........................... Reason for default is problems associated with separation or divorce 

including dispute over payments during divorce settlement, reduction in income available to pay the mortgage debt, etc. 

Foreclosure referral ......................... Military service ............................... Reason for default is the result of obligor being called into active duty 

status and the military pay is insufficient to make the monthly mortgage payment. 

Foreclosure referral ......................... Payment adjustment ...................... Reason for default is the result of the borrower being unable to make 

new payments that resulted from an increase in the monthly payment. 

Foreclosure referral ......................... Payment dispute ............................ Reason for default is that a disagreement between obligor and the 

mortgage servicer about the amount of the mortgage payment, the 

acceptance of a partial payment, the application of previous payments, etc. resulted in obligor refusing to make payments until the 

dispute is resolved. 

Foreclosure referral ......................... Property problems ......................... Reason for default is the result of the condition of the property such 

as substandard construction, expensive and extensive repairs required, etc. 

Foreclosure referral ......................... Servicing problems ........................ Reason for default is the result of obligor being dissatisfied with the 

servicer of the loan or with the fact that servicing has been transferred to a new servicer. 

Foreclosure referral ......................... Tenant not paying .......................... Reason for default is the result of the obligor’s tenant not paying rent. 

Foreclosure referral ......................... Transfer of ownership .................... Reason for default is the result of the obligor not making payments 

while sale of the property is pending. 

Foreclosure referral ......................... Unemployment notification ............ Reason for default is the result of a reduction in obligor’s income due 

to loss of job. 

Foreclosure referral ......................... Borrower never responded to outreach.Reason for default is unknown (unable to get contact or unable to determine the reason). 

Foreclosure sale scheduled ............ Date of scheduled foreclosure sale Month, day, and year the property will be sold to satisfy the loan obligation (or month, day, and year it is anticipated the property will be 

sold to satisfy the loan obligation for states such as South Dakota). 

Foreclosure sale scheduled ............ Foreclosure type ............................ Type of legal process by which the property is sold to satisfy the loan 

obligation. 

Foreclosure sale scheduled ............ Judicial ........................................... Type of foreclosure process done through court action. 

Foreclosure sale scheduled ............ Non-judicial .................................... Type of foreclosure process done through the power of sale. 

Substantial equity case ................... Total eligible indebtedness ............ The unpaid principal balance, accrued unpaid interest, allowable advances, liquidation expenses, and property preservation expenses 

(if incurred prior to the actual foreclosure sale date or the end of 

the foreclosure timeframe, whichever is earlier), less any credits. 

Substantial equity case ................... Estimated unpaid principal balance 

of all other liens.

The unpaid balance of any outstanding liens against the property. 

Substantial equity case ................... Calculated equity amount (fair 

market value less all liens).

The fair market value of the property minus all monies owed on other 

liens. 

Foreclosure sale postponed or cancelled.Date postponed or cancelled ........ Month, day, and year that foreclosure sale is postponed or cancelled. 

Foreclosure sale postponed or cancelled.Postponed or cancelled indicator .. Indicator denoting whether the foreclosure sale was postponed or 

whether it was cancelled. 

Foreclosure sale postponed or cancelled.Reason .......................................... Basis for postponement or cancellation of foreclosure sale. 

Foreclosure sale postponed or cancelled.Reinstatement ................................ Reason for postponement or cancellation of foreclosure sale is to 

allow additional time for obligor to reinstate the loan. 

Foreclosure sale postponed or cancelled.Bankruptcy ..................................... Reason for postponement or cancellation of foreclosure sale is petition for relief was filed under U.S. bankruptcy codes by or on behalf of the obligor. 

Foreclosure sale postponed or cancelled.Repayment plan ............................ Reason for postponement or cancellation of foreclosure sale is 

servicer has an agreement with the obligor for reinstatement of the 

loan through a schedule of increased payments. 

Foreclosure sale postponed or cancelled.Special forbearance ....................... Reason for postponement or cancellation of foreclosure sale is 

servicer has an agreement with the obligor to suspend foreclosure 

for a specified period of time to allow for loan reinstatement. 

Foreclosure sale postponed or cancelled.Loan modification .......................... Reason for postponement or cancellation of foreclosure sale is 

servicer has modified or is considering modification of the loan that 

will result in loan reinstatement. 


hsrobinson on PROD1PC61 with PROPOSALS
68510 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Foreclosure sale postponed or cancelled.Private sale .................................... Reason for postponement or cancellation of foreclosure sale is to 

allow additional time for obligor to complete a sale of the property, 

in which there is equity. 

Foreclosure sale postponed or cancelled.Compromise sale ........................... Reason for postponement or cancellation of foreclosure sale is to 

allow additional time to complete a sale of the property, even 

though the sale proceeds will be less than the total indebtedness. 

Foreclosure sale postponed or cancelled.Title problems ................................ Reason for postponement or cancellation of foreclosure sale is that 

title search disclosed problems which must be resolved prior to 

foreclosure. 

Foreclosure sale postponed or cancelled.VA requested (includes refund 

consideration).

Reason for postponement or cancellation of foreclosure sale is VA 

requested. 

Foreclosure sale postponed or cancelled.Procedural errors (failure to give 

notice, legal issues, failure to 

comply with foreclosure laws, incorrect publication, trustee appointments, recording issues).

Reason for postponement or cancellation of foreclosure sale is procedural error, such as failure to give notice, legal issues, failure to 

comply with foreclosure laws, incorrect publication, trustee appointments, recording issues, etc. 

Foreclosure sale postponed or cancelled.Late appraisal ................................ Reason for postponement or cancellation of foreclosure sale is that 

appraisal was not performed in time to proceed to foreclosure sale. 

Foreclosure sale postponed or cancelled.Contested foreclosure ................... Reason for postponement or cancellation of foreclosure sale is the 

obligor or other party contests the validity or priority of the mortgage or lien being foreclosed or creates an issue with respect to 

mortgage holder’s right to foreclose it. 

Foreclosure sale postponed or cancelled.Property damage ........................... Reason for postponement or cancellation of foreclosure sale is damage to the property occurred subsequent to completion of liquidation appraisal which could change or invalidate the bid amount. 

Foreclosure sale postponed or cancelled.Hazardous conditions or materials 

(when a municipality requires 

property clean-up prior to foreclosure).

Reason for postponement or cancellation of foreclosure sale is municipality requires property clean-up of hazardous conditions and/or 

materials prior to foreclosure sale, or servicer discovers hazardous 

conditions and/or materials that will have an impact on final value 

determination. 

Foreclosure sale postponed or cancelled.Condemned (with need to demolish or eminent domain) or demolished.Reason for postponement or cancellation of foreclosure sale is property is (a) deemed legally unfit for occupancy or continued existence due to its physical defects or for other causes, (b) property is 

being acquired by a governmental body for public uses, or (c) 

property has already been torn down as a result of being condemned. 

Foreclosure sale postponed or cancelled.Natural disaster ............................. Reason for postponement or cancellation of foreclosure sale is result 

of a natural disaster, such as fire, storm, accident, flood, earthquake, or other catastrophic event. 

Foreclosure sale postponed or cancelled.Property seizure ............................ Reason for postponement or cancellation of foreclosure sale is the 

result of law enforcement officials taking the property that has been 

used in connection with or acquired by illegal activities or to satisfy 

an unpaid judgment. 

Foreclosure sale postponed or cancelled.SCRA ............................................. Reason for postponement or cancellation of foreclosure sale is obligor has filed for relief under or is deemed to be entitled to the 

(SCRA). 

Foreclosure sale postponed or cancelled.Other .............................................. Reason for postponement or cancellation of foreclosure sale is other 

than one of the reasons listed. 

Results of sale ................................ Date of sale ................................... Month, day, and year the foreclosure sale was held. 

Results of sale ................................ Sherriff’s appraised value (if applicable, Kentucky, Ohio. Louisiana, and Oklahoma only).Value of the property as determined by the court-ordered sheriff’s appraisal. 

Results of sale ................................ Successful bidder .......................... Designates whether the successful bidder was the holder or a third 

party. 

Results of sale ................................ Holder ............................................ The property was acquired by the holder of the loan. 

Results of sale ................................ Third party ..................................... The property was acquired by a third party. 

Results of sale ................................ Amount of successful bid .............. The amount of money bid to acquire the property. 

Results of sale ................................ Net value ....................................... The fair market value of the property minus the VA cost factor (net 

value = fair market value of the property * (1-the net value factor)). 

Results of sale ................................ Total eligible indebtedness ............ The unpaid principal balance, accrued unpaid interest, allowable advances, liquidation expenses, and property preservation expenses 

(if incurred prior to the actual foreclosure sale date or the end of 

the foreclosure timeframe, whichever is earlier), less any credits. 

Transfer of custody ......................... Insurance type (flood, earthquake, 

forced place, homeowner’s, 

wind, fire)–report all applicable.

Information about insurance policy(ies) in force at the time of transfer 

of custody to VA. 

Transfer of custody ......................... Flood .............................................. Reported insurance type is flood insurance. 

Transfer of custody ......................... Earthquake .................................... Reported insurance type is earthquake insurance. 

Transfer of custody ......................... Forced place .................................. Reported insurance type is forced place insurance. 

Transfer of custody ......................... Homeowner’s ................................. Reported insurance type is homeowner’s insurance. 

Transfer of custody ......................... Wind ............................................... Reported insurance type is wind insurance. 

Transfer of custody ......................... Fire ................................................. Reported insurance type is fire insurance. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68511 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Transfer of custody ......................... Policy number ................................ Unique insurance company issued number identifying the specific insurance coverage plan. 

Transfer of custody ......................... Name of carrier .............................. Name of the company that provides the insurance coverage. 

Transfer of custody ......................... Expiration date ............................... Month, day, and year that the insurance coverage terminates. 

Transfer of custody ......................... Tax parcel/identification number(s)–report as many as are 

applicable.

Unique number assigned by the local taxing authority to identify the 

property. 

Transfer of custody ......................... Redemption expiration date (if applicable).Month, day, and year on which the redemption period terminates. 

Transfer of custody ......................... Date of confirmation/ratification of 

sale.

Month, day, and year the foreclosure sale was confirmed or ratified 

(as required by State law). 

Transfer of custody ......................... Mortgage holder’s payee vendor 

ID (per internal VA financial system).

Unique VA-assigned number used to identify the payee for VA purposes; servicer reports own vendor ID if servicer is payee. 

Transfer of custody ......................... Payee loan number (if payee differs from servicer).Unique payee-assigned custody number used to identify the account. 

Improper transfer of custody ........... Reason for the improper transfer 

of custody.

Reason servicer erroneously transferred custody of a property to VA. 

Improper transfer of custody ........... Holder wanted to keep the property.Holder intended to retain property but conveyed to VA in error. 

Improper transfer of custody ........... Third party was the successful bidder.Third party was successful bidder so holder did not have the option 

to convey to VA. 

Invalid sale results .......................... Reason sale invalidated ................ Basis for determining that results changed or sale was invalid. 

Invalid sale results .......................... Bankruptcy ..................................... Reason sale was determined to be invalid is that petition for relief 

was filed under U.S. bankruptcy codes by or on behalf of the obligor. 

Invalid sale results .......................... Contested foreclosure ................... Reason sale was determined to be invalid is that the foreclosure was 

contested. 

Invalid sale results .......................... Third party fails to consummate 

sale.

Reason sale was determined to be invalid is that third party purchaser did not complete the purchase requirements. 

Invalid sale results .......................... Procedural errors ........................... Reason sale was determined to be invalid is procedural error, such 

as failure to give notice, legal issues, failure to comply with foreclosure laws, incorrect publication, trustee appointments, recording 

issues, etc. 

Invalid sale results .......................... SCRA ............................................. Reason sale was determined to be invalid is that obligor has filed for 

relief under or is deemed to be entitled to the SCRA. 

Changed sale results ...................... Date third party failed to consummate the sale.Month, day, and year the third party failed to consummate the sale 

as per consummation requirements in the applicable state (i.e. the 

timeframe for consummation expired). 

Confirmed sale date with no transfer of custody.Confirmation or ratification date 

(when no transfer of custody).

Month, day, and year of sale confirmation or ratification when the 

servicer chooses to retain the property and the property is located 

in a confirmation or ratification of sale state. 

Basic Claim Information .................. Claim type (for the claim submission—initial, supplemental, appeal).Type of claim servicer is submitting, either initial, supplemental, or 

appeal. 

Basic Claim Information .................. Payee vendor ID (per FMS) .......... Unique FMS-assigned number used to identify the payee for VA purposes. 

Basic Claim Information .................. Payee loan number (if payee differs from servicer).Unique payee-assigned number, used to identify the account. 

Basic Claim Information .................. Borrower prepayment amount ....... Any unscheduled payment to principal by the borrower.

Basic Claim Information .................. Date of prepayment ....................... Month, day, and year each prepayment was applied. 

Basic Claim Information .................. Interest Rate Changes .................. Interest Rate Changes. 

Basic Claim Information .................. Effective date of change for SCRA 

(change date), if applicable.

Effective date of change for SCRA (change date). 

Basic Claim Information .................. Interest rate for SCRA change, if 

applicable.

Interest rate for SCRA change. 

Basic Claim Information .................. ARM Loans (report all changes) ... ARM Loans (report all changes). 

Basic Claim Information .................. Effective date of change for ARM 

loans (change date).

Effective date of change for ARM loans (change date). 

Basic Claim Information .................. Margin (for ARM interest rate 

changes).

Margin (for ARM interest rate changes). 

Basic Claim Information .................. Date loan termination reported to 

credit bureaus.

Month, day, and year that servicer reports to the credit bureau that 

the loan has been terminated. 

Basic Claim Information .................. Credits ........................................... Any monies being held to be applied to the account indebtedness. 

Basic Claim Information .................. Refunds of insurance premiums ... Any monies received from refunds of insurance premiums. 

Basic Claim Information .................. Tenant rents .................................. Any monies received from collection of rents from tenants. 

Basic Claim Information .................. Insurance loss information ............ The following elements detail the allocation of insurance proceeds. 

Basic Claim Information .................. Date insurance claim payment received by servicer.Month, day, and year monies were paid to servicer as a result of insurable loss. 

Basic Claim Information .................. Date denied (if applicable) ............ Month, day, and year that the insurance claim for damages was denied. 

Basic Claim Information .................. Proceeds from insurance claim ..... Amount of insurance loss proceeds received. 


hsrobinson on PROD1PC61 with PROPOSALS
68512 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Basic Claim Information .................. Disposition of insurance proceeds Whether the insurance monies received were (a) applied to the unpaid principal balance, (b) used to restore the security, or (c) held 

in suspense. 

Basic Claim Information .................. Applied to UPB .............................. Whether the monies were (a) above. 

Basic Claim Information .................. Used to restore security ................ Whether the monies were (b) above. 

Basic Claim Information .................. Held in suspense ........................... Whether the monies were (c) above. 

Basic Claim Information .................. Amount applied to principal (if applicable).Amount of monies from the insurance loss proceeds that were applied to the unpaid principal balance. 

Basic Claim Information .................. Date applied to UPB (if applicable) Month, day, and year that the insurance loss proceeds were applied 

to the unpaid principal balance. 

Basic Claim Information .................. Escrow credit balance ................... Amount of monies, if any, remaining in tax and insurance escrow account. 

Basic Claim Information .................. Suspended credits (partial payments in suspense).Any other monies being held in suspense. 

Basic Claim Information .................. Buydown credits from origination 

(seller buydowns).

Any unapplied seller buydown credits from loan origination. 

Basic Claim Information .................. Buydown credits from foreclosure 

(only for pre-VALERI claims).

Amounts applied to (1) principal balance, (2) interest, or (3) escrow to 

obtain specified bid (pre-VALERI terminations). Buydown funds 

should have been applied, not held in suspense. 

Basic Claim Information .................. Date of buydown or buydowns ...... Date or dates of foreclosure buydowns (pre-VALERI terminations). 

Basic Claim Information .................. Interest on escrow ......................... Amount of monies earned from obligor’s escrow account as a result 

of interest payments. 

Basic Claim Information .................. Itemized Advances (payment date 

and amount must be provided 

for each).

Amounts required to be advanced by the servicer to preserve and 

protect the property and/or the lien position. Need date and amount 

for every advance). 

Basic Claim Information .................. Insurance ....................................... Amounts advanced by the servicer to obtain and/or continue insurance coverage. 

Basic Claim Information .................. Forced place (annual), must also 

provide effective date.

Amounts advanced by the servicer to obtain and/or continue yearly 

forced place insurance coverage; including month, day, and year 

that coverage became effective. 

Basic Claim Information .................. Forced place (monthly binder) ...... Amounts advanced by the servicer to obtain and/or continue monthly 

forced place insurance coverage. 

Basic Claim Information .................. Flood .............................................. Amounts advanced by the servicer to obtain and/or continue flood insurance coverage. 

Basic Claim Information .................. Homeowner’s/Fire/Hazard ............. Amounts advanced by the servicer to obtain and/or continue homeowner’s, fire, and/or hazard insurance coverage. 

Basic Claim Information .................. Wind ............................................... Amounts advanced by the servicer to obtain and/or continue wind insurance coverage. 

Basic Claim Information .................. Earthquake .................................... Amounts advanced by the servicer to obtain and/or continue earthquake insurance coverage. 

Basic Claim Information .................. Taxes ............................................. Amounts advanced by the servicer to pay amounts which were levied 

by a government authority upon the property. 

Basic Claim Information .................. City ................................................. Amounts advanced by the servicer to pay city taxes. 

Basic Claim Information .................. County/Parish ................................ Amounts advanced by the servicer to pay county/parish taxes. 

Basic Claim Information .................. School ............................................ Amounts advanced by the servicer to pay school taxes. 

Basic Claim Information .................. Levee ............................................. Amounts advanced by the servicer to pay levee taxes. 

Basic Claim Information .................. Township ....................................... Amounts advanced by the servicer to pay township taxes. 

Basic Claim Information .................. Municipal Utility District (MUD) ...... Amounts advanced by the servicer to pay MUD taxes. 

Basic Claim Information .................. Public Utility District (PUD) ............ Amounts advanced by the servicer to pay PUD taxes. 

Basic Claim Information .................. Special assessments ..................... Amounts advanced by the servicer to pay special assessments 

against the property. 

Basic Claim Information .................. Ground rent ................................... Amounts advanced by the servicer to pay ground rent due on the 

property. 

Basic Claim Information .................. Association fees ............................ Amounts advanced by the servicer to pay HOA, CIA, PUD, and/or 

condo association fees. 

Basic Claim Information .................. Property preservation .................... Amounts advanced by the servicer to protect and preserve the property. 

Basic Claim Information .................. Yard maintenance ......................... Amounts advanced by the servicer for required yard maintenance 

services performed on the property. 

Basic Claim Information .................. Initial cut up to 5,000 s.f. ............... Amounts advanced by the servicer for initial mowing services of up to 

5,000 square feet. 

Basic Claim Information .................. Initial cut 5,001–10,000 s.f. ........... Amounts advanced by the servicer for initial mowing services of between 5,001 and 10,000 square feet. 

Basic Claim Information .................. Initial cut 10,000 s.f. or larger ....... Amounts advanced by the servicer for initial mowing services of 

greater than 10,000 square feet. 

Basic Claim Information .................. Recut cut up to 5,000 s.f. .............. Amounts advanced by the servicer for additional mowing services of 

up to 5,000 square feet. 

Basic Claim Information .................. Recut cut 5,001–10,000 s.f. .......... Amounts advanced by the servicer for additional mowing services of 

between 5,001 and 10,000 square feet. 

Basic Claim Information .................. Recut cut 10,000 s.f. or larger ...... Amounts advanced by the servicer for additional mowing services of 

greater than 10,000 square feet. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68513 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Basic Claim Information .................. Trim shrubs .................................... Amounts advanced by the servicer for shrub trimming services performed on the property. 

Basic Claim Information .................. Snow removal ................................ Amounts advanced by the servicer for snow removal services performed on the property. 

Basic Claim Information .................. Winterization .................................. Amounts advanced by the servicer to prepare the property to withstand cold winter conditions. 

Basic Claim Information .................. Dry heat–1 unit .............................. Amounts advanced by the servicer to winterize one property unit with 

dry heat. 

Basic Claim Information .................. Dry heat–addl. units ...................... Amounts advanced by the servicer to winterize any additional property units with dry heat. 

Basic Claim Information .................. Wet heat–1unit .............................. Amounts advanced by the servicer to winterize one property unit with 

wet heat. 

Basic Claim Information .................. Wet heat–addl. unit ....................... Amounts advanced by the servicer to winterize any additional property units with wet heat. 

Basic Claim Information .................. Radiant heat–1 unit ....................... Amounts advanced by the servicer to winterize one property unit with 

radiant heat. 

Basic Claim Information .................. Radiant heat–addl. unit ................. Amounts advanced by the servicer to winterize any additional property units with radiant heat. 

Basic Claim Information .................. Reduced pressure zone (RPZ) 

valve.

Amounts advanced by the servicer to repair, replace, or install (as 

necessary to comply with state health department requirements) a 

reduced pressure zone (RPZ) valve. 

Basic Claim Information .................. Pools, spas, and hot tubs winterization.Amounts advanced by the servicer to winterize pools, spas, and hot 

tubs. 

Basic Claim Information .................. Utilities ........................................... Amounts advanced by the servicer to pay for necessary utility services. 

Basic Claim Information .................. Electricity ....................................... Amounts advanced by the servicer to pay for electricity. 

Basic Claim Information .................. Gas ................................................ Amounts advanced by the servicer to pay for gas. 

Basic Claim Information .................. Oil .................................................. Amounts advanced by the servicer to pay for oil. 

Basic Claim Information .................. Propane ......................................... Amounts advanced by the servicer to pay for propane. 

Basic Claim Information .................. Water and sewer ........................... Amounts advanced by the servicer to pay for water and sewer services. 

Basic Claim Information .................. Equipment repair or replacement .. Amounts advanced by the servicer for necessary equipment repair or 

replacement. 

Basic Claim Information .................. Sump pump repair ......................... Amounts advanced by the servicer to pay for repair of a required 

sump pump. 

Basic Claim Information .................. Sump pump installation ................. Amounts advanced by the servicer to pay for installation of a required 

sump pump. 

Basic Claim Information .................. Pumping water from basement ..... Amounts advanced by the servicer to pay for services related to removing water from the basement of the property. 

Basic Claim Information .................. Water well (pump, tank, and lines) Amounts advanced by the servicer to pay for necessary water well 

equipment repair or replacement. 

Basic Claim Information .................. Securing ......................................... Amounts advanced by the servicer to properly secure, protect, and 

preserve vacant and abandoned properties. 

Basic Claim Information .................. Securing of the property ................ Amounts advanced by the servicer to initially secure the property. 

Basic Claim Information .................. Resecure property ......................... Amounts advanced by the servicer to resecure the property. 

Basic Claim Information .................. Temporary roof repairs .................. Amounts advanced by the servicer to make required temporary roof 

repairs. 

Basic Claim Information .................. Pools, spas, and hot tubs securing Amounts advanced by the servicer to properly secure pools, spas, 

and hot tubs. 

Basic Claim Information .................. In-ground pools .............................. Amounts advanced by the servicer to properly secure in-ground 

pools. 

Basic Claim Information .................. Above ground ................................ Amounts advanced by the servicer to properly secure above ground 

pools. 

Basic Claim Information .................. Hot tubs or spas ............................ Amounts advanced by the servicer to properly secure hot tubs or 

spas. 

Basic Claim Information .................. Pools, spas, and hot tubs maintenance.Amounts advanced by the servicer to pay for necessary maintenance 

to pools, spas, and hot tubs. 

Basic Claim Information .................. Boarding ........................................ Amounts advanced by the servicer to properly board any openings in 

the property (windows and doors) with plywood. 

Basic Claim Information .................. Boarding–1⁄2′′ plywood ................... Amounts advanced by the servicer to pay for boarding with 1⁄2′′ plywood. 

Basic Claim Information .................. Boarding–5⁄8′′ plywood ................... Amounts advanced by the servicer to pay for boarding with 5⁄8′′ plywood. 

Basic Claim Information .................. Boarding–3⁄4′′plywood .................... Amounts advanced by the servicer to pay for boarding with 3⁄4′′ plywood. 

Basic Claim Information .................. Hazard Abatement ......................... Amounts advanced by the servicer to take necessary actions in compliance with federal, state and local regulations with regards to environmental hazards (such as asbestos and radon). 

Basic Claim Information .................. Debris removal .............................. Amounts advanced by the servicer to remove debris from the property, in compliance with federal, state and local regulations. 

Basic Claim Information .................. Cubic yards removed .................... Total number of cubic yards of debris removed. 


hsrobinson on PROD1PC61 with PROPOSALS
68514 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Basic Claim Information .................. Amount paid per cubic yard .......... Amounts advanced by the servicer to remove debris from the property, per cubic yard. 

Basic Claim Information .................. Number of units (1, 2, 3, or 4) ...... Amounts advanced by the servicer for debris removal from one unit. 

Basic Claim Information .................. Vehicle removal ............................. Amounts advanced by the servicer to remove abandoned vehicle(s) 

from the property in compliance with state and local requirements. 

Basic Claim Information .................. Liquidation expenses ..................... Expenses incurred by the servicer necessary to terminate the loan. 

Basic Claim Information .................. Attorney fees ................................. Expenses incurred by the servicer for legal representation necessary 

to terminate the loan. 

Basic Claim Information .................. Foreclosure attorney fees .............. Expenses incurred by the servicer for necessary legal representation 

related to terminating the loan by foreclosure. 

Basic Claim Information .................. DIL attorney fees ........................... Expenses incurred by the servicer for necessary legal representation 

related to terminating the loan by deed in lieu of foreclosure. 

Basic Claim Information .................. Bankruptcy attorney fees—chapter 

7.

Expenses incurred by the servicer for necessary legal representation 

related to filing for a relief of stay in a Chapter 7 bankruptcy proceeding. 

Basic Claim Information .................. Bankruptcy attorney fees—chapter 

13/11.

Expenses incurred by the servicer for necessary legal representation 

related to filing for a relief of stay in a Chapter 13 or 11 bankruptcy 

proceeding. 

Basic Claim Information .................. Bankruptcy attorney fees—multiple Expenses incurred by the attorney fees–servicer for necessary legal 

multiple representation related to filing for a relief of stay in multiple 

bankruptcy proceedings. 

Basic Claim Information .................. Ad litem/ curator fees/ warning 

order attorney fees.

Expenses incurred by the servicer for legal representation appointed 

by a court to act on behalf of another party, which is necessary to 

terminate the loan. 

Basic Claim Information .................. Attorney service tax ....................... Expenses incurred by the servicer for payment of taxes imposed on 

attorney service fees. 

Basic Claim Information .................. Attorney fee for foreclosure restarts.Expenses incurred by the servicer for necessary legal representation 

related to terminating the loan in the event that the initial foreclosure was cancelled (not postponed) due to events outside the 

servicer’s control and must be restarted. 

Basic Claim Information .................. Appraisals ...................................... Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the property. 

Basic Claim Information .................. Single unit ...................................... Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the single unit property. 

Basic Claim Information .................. Duplex ............................................ Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the two unit property. 

Basic Claim Information .................. Three units ..................................... Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the three unit property. 

Basic Claim Information .................. Four units ....................................... Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the four unit property. 

Basic Claim Information .................. Condominium ................................. Expenses incurred by the servicer to have a VA-assigned appraiser 

determine the market value of the condominium property. 

Basic Claim Information .................. Appraisal service tax ..................... Expenses incurred by the servicer for payment of taxes imposed on 

services of appraiser. 

Basic Claim Information .................. Court appraisal .............................. Expenses incurred by the servicer to have a court ordered appraisal 

completed to determine the market value of the property. 

Basic Claim Information .................. Mileage .......................................... Expenses incurred by the servicer to have a VA-assigned appraiser 

travel to the property to perform an appraisal. 

Basic Claim Information .................. Appraisal update ............................ Expenses incurred by the servicer to have a VA-assigned appraiser 

update the original appraisal of the property. 

Basic Claim Information .................. Title ................................................ Expenses incurred by the servicer for title related costs necessary to 

terminate the loan. 

Basic Claim Information .................. Title search .................................... Expenses incurred by the servicer for search of records (performed 

by title company or attorney) prior to a foreclosure sale (to insure a 

valid foreclosure). 

Basic Claim Information .................. Title examination ........................... Expenses incurred by the servicer for a close examination of all public records that affect the title to the property, including reviewing 

past deeds, wills, and trusts to make sure the title has passed correctly to each owner and to verify that all prior mortgages have 

been extinguished. 

Basic Claim Information .................. Title commitment ........................... Expenses incurred by the servicer for a written commitment from the 

title company stating the conditions under which the title company 

will insure title to the property. 

Basic Claim Information .................. Trustee sale guaranty (TSG) ......... Expenses incurred by the servicer for a written commitment from the 

title company stating the conditions under which it will insure title to 

the property following a proper foreclosure. 

Basic Claim Information .................. Title endorsement .......................... Expenses incurred by the servicer to pay required endorsement fees. 

Basic Claim Information .................. Title update .................................... Expenses incurred by the servicer to pay for required updates to the 

title commitment. 

Basic Claim Information .................. Title policy ...................................... Expenses incurred by the servicer to pay for the title policy. 

Basic Claim Information .................. Title opinion/abstracting legal opinion.Expenses incurred by the servicer for a statement issued by an attorney as to the quality of title after examining an abstract of title. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68515 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Basic Claim Information .................. Abstracting update ......................... Expenses incurred by the servicer to pay for required updates to the 

abstract. 

Basic Claim Information .................. Title service tax ............................. Expenses incurred by the servicer to pay taxes imposed on title services. 

Basic Claim Information .................. Certificate of regularity .................. Expenses incurred by the servicer to establish sufficiency of probate 

(wills) proceedings, or other proceedings held outside the county in 

which the property is situated. 

Basic Claim Information .................. Filing fees ...................................... Expenses incurred by the servicer as charged by public officials in 

the property’s area for recording or filing documents related to the 

loan obligation. 

Basic Claim Information .................. Judgment ....................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a judgment. 

Basic Claim Information .................. Bankruptcy ..................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of bankruptcy-related motions. 

Basic Claim Information .................. Lis pendens ................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of notice of the filing of a suit. 

Basic Claim Information .................. Summons ....................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a summons. 

Basic Claim Information .................. Complaint ....................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a complaint. 

Basic Claim Information .................. Petition ........................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a petition. 

Basic Claim Information .................. Order confirming sale .................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of an order confirming sale. 

Basic Claim Information .................. Posting notice of sale .................... Expenses incurred by the servicer as charged by public officials for 

the posting of the notice of sale. 

Basic Claim Information .................. Notice affidavit ............................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of the affidavit stating that proper notice of 

sale was posted. 

Basic Claim Information .................. Military affidavit .............................. Expenses incurred by the servicer for a sworn, written statement, affirming that the property owner is not entitled to any rights under 

the SCRA. 

Basic Claim Information .................. Notice of publication affidavit ........ Expenses incurred by the servicer as charged by public officials for 

the recording or filing of the affidavit stating that proper notice of 

sale was published. 

Basic Claim Information .................. Index number ................................. Expenses incurred by the servicer as charged by public officials for 

the recording or filing of the index number. 

Basic Claim Information .................. Request for judicial intervention .... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a request for judicial intervention. 

Basic Claim Information .................. Recording fees—foreclosure ......... Expenses incurred by the servicer as charged by public officials for 

recording or filing foreclosure documents. 

Basic Claim Information .................. Foreclosure deed (sheriff’s, trustee’s, referee’s, or commissioner’s deed).Expenses incurred by the servicer as charged by public officials for 

recording or filing of the deed following foreclosure. 

Basic Claim Information .................. Assignment of sheriff’s deed ......... Expenses incurred by the servicer as charged by public officials for 

recording or filing the assignment of the deed following foreclosure. 

Basic Claim Information .................. Sheriff’s certificate of sale ............. Expenses incurred by the servicer as charged by public officials for 

recording or filing the Sheriff’s certificate of sale. 

Basic Claim Information .................. Assignment of sheriff’s certificate 

of sale.

Expenses incurred by the servicer as charged by public officials for 

recording or filing the assignment of the Sheriff’s certificate of sale. 

Basic Claim Information .................. Deed to VA .................................... Expenses incurred by the servicer as charged by public officials for 

recording or filing the deed to VA. 

Basic Claim Information .................. Notice of foreclosure ..................... Expenses incurred by the servicer as charged by public officials for 

recording or filing the notice of foreclosure. 

Basic Claim Information .................. Substitution of trustee (appointment, agreement, or document).Expenses incurred by the servicer as charged by public officials for 

recording or filing the substitution of trustee. 

Basic Claim Information .................. Notice of default/foreclosure notice Expenses incurred by the servicer as charged by public officials for 

recording or filing the notice of default/foreclosure notice. 

Basic Claim Information .................. Judgment ....................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a judgment. 

Basic Claim Information .................. Summons ....................................... Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a summons. 

Basic Claim Information .................. Certificate of non-redemption ........ Expenses incurred by the servicer as charged by public officials for 

the recording or filing of a certificate of non-redemption. 

Basic Claim Information .................. Recording Fees—DIL .................... Expenses incurred by the servicer as charged by public officials for 

recording or filing deed in lieu of foreclosure documents. 

Basic Claim Information .................. Warranty deed from owner to 

holder.

Expenses incurred by the servicer as charged by public officials for 

recording or filing the deed from owner to holder. 

Basic Claim Information .................. Estoppel affidavit ........................... Expenses incurred by the servicer as charged by public officials for 

recording or filing the estoppel affidavit. 

Basic Claim Information .................. Deed to VA .................................... Expenses incurred by the servicer as charged by public officials for 

recording or filing the deed to VA. 


hsrobinson on PROD1PC61 with PROPOSALS
68516 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 

DATA ELEMENT DEFINITIONS—Continued 

Event name Data elements Business definition of data element 

Basic Claim Information .................. Satisfaction of mortgage ................ Expenses incurred by the servicer as charged by public officials for 

recording or filing the satisfaction of mortgage/release of mortgage. 

Basic Claim Information .................. Deed of reconveyance/full release Expenses incurred by the servicer as charged by public officials for 

recording or filing the deed of reconveyance/full release. 

Basic Claim Information .................. Foreclosure facilitation fees ........... Expenses incurred by the servicer as charged by public officials to facilitate the foreclosure process. 

Basic Claim Information .................. Sheriff’s/administrator/commissioner fees and costs (includes 

court costs).

Expenses payable with respect to sheriff/administrator/commissioner 

fees and costs. 

Basic Claim Information .................. Trustee/referee/master in equity 

fees.

Expenses incurred by the servicer to pay the trustee/referee/master 

in equity for fees charged. 

Basic Claim Information .................. Auctioneer’s fee ............................. Expenses incurred by the servicer to pay the auctioneer to conduct 

the foreclosure sale. 

Basic Claim Information .................. Court recorder fee ......................... Expenses incurred by the servicer to pay the court recorder for recording services. 

Basic Claim Information .................. Prothonatory/clerk’s fee ................. Expenses incurred by the servicer to pay the prothonotary/clerk for 

fees charged. 

Basic Claim Information .................. Other fees and costs ..................... Expenses incurred by the servicer to pay for any liquidation Expenses not previously listed. 

Basic Claim Information .................. Publication of sale/advertisement 

in newspaper or on the internet.

Expenses incurred by the servicer to pay for publication/advertisement of the notice of sale in an appropriate newspaper. 

Basic Claim Information .................. Service of process ......................... Expenses incurred by the servicer to serve papers on any necessary 

party of interest. 

Basic Claim Information .................. Personal (sheriff or private entity) Expenses incurred by the servicer to pay for fees charged to personally serve papers on any necessary party of interest. 

Basic Claim Information .................. By publication ................................ Expenses incurred by the servicer to pay for fees charged to serve 

legal notice on any necessary party of interest by publication. 

Basic Claim Information .................. By certified Mail ............................. Expenses incurred by the servicer to send required notices by certified mail to all parties of interest. 

Basic Claim Information .................. Investigation fee ............................ Expenses incurred by the servicer to pay the investigator for fees 

charged. 

Basic Claim Information .................. Non-extinguishable liens ............... Expenses incurred by the servicer to pay for any liens that are not 

extinguished by the foreclosure action. 

Basic Claim Information .................. Committee fees and costs ............. Fees and costs incurred by the servicer to convene the committee to 

confirm the sale when there is equity and/or IRS liens. 

Basic Claim Information .................. Transfer tax/documentary stamps Expenses incurred by the servicer for the state or local tax payable 

upon the transfer of a title. 

Basic Claim Information .................. Property inspections ...................... Expenses incurred by the servicer for required property inspections. 

Basic Claim Information .................. Dates inspections completed ........ Months, days, years, property inspections were completed. 

Basic Claim Information .................. Property inspection fee .................. Expenses incurred by the servicer to pay fees charged for required 

property inspections. 

Basic Claim Information .................. Municipal lien certificate ................ Expenses incurred by the servicer to obtain a municipal lien certificate. 

Basic Claim Information .................. Title V septic (Massachusetts) ...... Expenses incurred by the servicer to inspect for and certify compliance with Title V septic requirements. 

Basic Claim Information .................. Poundage ...................................... Fee charged by the court for handling the funds received from the 

sale of the property for third party bids. 

Basic Claim Information .................. Mennonite notices ......................... Expenses incurred by the servicer to notify every party holding a legally protected property interest whose name and address can reasonably be determined by diligent efforts. 

Paperwork Reduction Act of 1995 

While the proposed rule sets forth 

collections of information pertaining to 

proposed § 36.4315a, this supplemental 

notice contains no new or proposed 

revised collections of information 

outside of those referenced in the 

proposed rule. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this supplemental notice 

of proposed rulemaking has been 

examined, and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 


hsrobinson on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Proposed Rules 68517 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

requires, at 2 U.S.C. 1532, that agencies 

prepare an assessment of anticipated 

costs and benefits before developing any 

rule that may result in an expenditure 

by State, local, or tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more in any given year. 

This supplemental notice of proposed 

rulemaking would have no such effect 

on State, local, or tribal governments, or 

the private sector. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this supplemental notice of proposed 

rulemaking would not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. This notice 

provides additional information 

concerning the computer-based system 

that VA proposed to implement in its 

prior rulemaking notice. The additional 

information does not alone have any 

economic impact on small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

the supplemental notice of proposed 

rulemaking is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance Program number is 64.114, 

Veterans Housing Guaranteed and Insured 

Loans. 

Approved: November 20, 2006. 

R. James Nicholson, 

Secretary of Veterans Affairs. 

[FR Doc. 06–9403 Filed 11–21–06; 12:29 pm] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0016; FRL–8248–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Reid Vapor Pressure 

Requirements for Gasoline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by Texas on October 

4, 2001. The revisions pertain to Reid 

Vapor Pressure (RVP) requirements for 

gasoline. The revisions add exemptions 

to RVP requirements for research 

laboratories and academic institutions, 

competition racing, and gasoline that is 

being stored or transferred that is not 

used in the affected counties. The 

revisions also reduce record keeping 

requirements for retail gasoline 

dispensing outlets in the affected 

counties, and correct a typographical 

error. We are proposing approval of the 

revisions pursuant to section 110 and 

part D of the Federal Clean Air Act. 

DATES: Written comments should be 

received on or before December 27, 

2006. 

ADDRESSES: Comments may be mailed to 

Mr. Thomas Diggs, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, State/Oversight 

Section (6PD–O), Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202–

2733, telephone (214) 665–7247; fax 

number 214–665–7263; e-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final section of this Federal Register, 

EPA is approving the State’s SIP 

submittal as a direct rule without prior 

proposal because the Agency views this 

as noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: November 9, 2006. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E6–19992 Filed 11–24–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R08–UST–2006–0295; FRL–8247–2] 

Colorado: Tentative Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of 

tentative determination on application 

of state of Colorado for final approval, 

public hearing and public comment 

period. 

SUMMARY: The State of Colorado has 

applied for final approval of its 

Underground Storage Tank (UST) 

Program under Subtitle I of the Resource 

Conservation and Recovery Act (RCRA). 

EPA has reviewed Colorado’s 

application and made the tentative 

decision that the State’s UST program 

satisfies all requirements necessary to 

qualify for final approval. 

DATES: Any member of the public is 

invited to provide written comments 

and/or request a public hearing on this 

determination by December 27, 2006. A 

public hearing will be held if sufficient 

public interest is expressed and 

communicated to EPA in writing by 

December 27, 2006. EPA will determine 

by January 26, 2007, whether there is 

significant interest to hold a public 

hearing. The State of Colorado will 

participate in any public hearing held 

by EPA on this subject. Please see 

SUPPLEMENTARY INFORMATION, Item C, for 

details. 

ADDRESSES: Written comments and 

requests for a public hearing shall be 

addressed to: Robert E. Roberts, 

Regional Administrator, c/o Francisca 

Chambus (8P–W–GW), U.S. EPA, 

Region 8, 999 18th Street, Suite 200, 

Denver, CO 80202–2466. Comments, as 

well as requests to present oral 

testimony, must be received by the close 

of business on December 27, 2006. 

All documents relating to this 

determination are available for public 

inspection and copying at the following 

locations: (1) U.S. EPA, Library, Region 

8, 999 18th Street, Suite 144, Denver, 

CO 80202–2466 from 9AM to 4PM, (2) 

Colorado Department of Labor & 

Employment, Division of Oil and Public 

Safety, Public Records Center, 633 17th 

Street, Suite 200, Denver, CO 80202 

from 8AM to Noon, or (3) online at: 

http://www.regulations.gov, with 

reference to Docket ID No. EPA–R08–

UST–2006–0295. However, based on 

sensitivity, certain materials are 

available in hardcopy only. Comments 


hsrobinson on PROD1PC61 with PROPOSALS