reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 9 - Commission on Peace Officer Standards and Training [Repealed] › Chapter 7 - Certificates [Repealed] › Section 9077 - Certificate Replacement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-2-2007; operative 3-4-2007 (Register 2007, No. 5).
2. Repealer of
				  subsection (a)(2) filed 3-3-2009; operative 4-2-2009 (Register 2009, No.
				  10).
3. Amendment of subsection (a)(1) filed 3-30-2011; operative
				  4-29-2011 (Register 2011, No. 13).
4. Change without regulatory effect
				  renumbering and amending former section
				  9077 to new subsections
				  1011(f)-(f)(1) filed
				  11-26-2012 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2012, No. 48).
Note: Authority cited: Sections
					 13503 and
					 13506, Penal Code.
					 Reference: Sections
					 13503 and
					 13506, Penal
					 Code.
California Code of Regulations › Title 11 - Law › Division 9 - Commission on Peace Officer Standards and Training [Repealed] › Chapter 7 - Certificates [Repealed] › Section 9078 - Certificate Cancellation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-2-2007; operative 3-4-2007 (Register 2007, No. 5).
2. Change
				  without regulatory effect renumbering and amending former section
				  9078 to new subsections
				  1011(g)-(g)(6) filed
				  11-26-2012 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2012, No. 48).
Note: Authority cited: Section
					 13510.1(e),
					 Penal Code. Reference: Section
					 13510.1(e),
					 Penal Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 1 - Adjutant General › Chapter 1 - Military Department-Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE:
It having been found, pursuant to Government
				Code Section
				11409(a),
				that the printing of regulations constituting the Conflict of Interest Code is
				impractical and these regulations being of limited and particular application,
				these regulations are not published in full in the California Code of
				Regulations. The regulations are available to the public for review or purchase
				at cost at the following locations:
MILITARY DEPARTMENT
2829 WATT AVENUE
POST OFFICE BOX 214405
SACRAMENTO, CALIFORNIA 95821
FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814
SECRETARY OF STATE
STATE ARCHIVES
1020 "O" STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Chapter 1,
				Division 1 of Title 12 of the California Code of Regulations, and consists of
				sections numbered and titled as follows:
CHAPTER 1. MILITARY DEPARTMENT--CONFLICT OF INTEREST
				CODE
Section
1.
General Provisions
Appendix
1. New Division
				1 (Sections
				1-31, consecutive) filed 10-31-78;
				effective thirtieth day thereafter. Approved by Fair Political Practices
				Commission 1-18-77 (Register 78, No. 44).
2. Repealer of Chapter 1
				(Sections 1-31) and new Chapter 1 (Section
				1 and Appendix) filed 2-26-81;
				effective thirtieth day thereafter. Approved by Fair Political Practices
				Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section and
				Appendix filed 8-10-98; operative 9-9-98. Approved by Fair Political Practices
				Commission 5-1-98 (Register 98, No. 33).
Note: Authority cited: Sections
				  87300 and
				  87304,
				  Government Code. Reference: Section
				  87300, et seq., Government
				  Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 1 - Administration › Subchapter 1 - Program Definitions › Section 100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Title 12 of the Cal. Code of Regulations:
(a) "Division Of Farm and Home Purchases"
				  means the organizational unit within the Department Of Veterans Affairs that
				  administers the Veterans Farm and Home Purchase Acts of 1943 and
				  1974.
(b) "Division Of Veterans
				  Services" means the unit within the Department Of Veterans Affairs that
				  administers:
(1) the Veterans' Claims and
				  Rights Program as described in Section
				  699.5
				  of the Military and Veterans Code.
(2) the Veterans' Dependents' Educational
				  Assistance Program as described in Sections
				  890 -- 899 and Sections
				  981 -- 981.7 of the Military and
				  Veterans Code;
(3) the County
				  Veterans Service Officer Program as described in Sections
				  970 -- 975.5 of the Military and
				  Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300 - Determination of Eligibility and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division of Farm and Home Purchases shall review and
					 determine the eligibility and qualifications of each applicant for a farm or
					 home loan, without regard for a previously issued certificate of eligibility.
					 Each applicant shall submit information, in such form or forms as the Division
					 may prescribe, which will enable it to determine the applicant's eligibility
					 and qualifications.
1. Sections
					 300-326, inclusive, originally
					 printed 3-22-45.
2. Repealer of Sections
					 300 to
					 326, inclusive, filed 12-15-54;
					 effective thirtieth day thereafter (Register 54, No. 26).
3. New
					 Sections 300 to
					 315, inclusive, filed 12-15-54;
					 effective thirtieth day thereafter (Register 54, No. 26).
4.
					 Repealer of Division 2 (Subchapters 1-5, Sections
					 300-500, not consecutive) and new
					 Division 2 (Pars 1-4, Sections
					 300-500, not consecutive) and
					 redesignation of Subchapter 6 (Section
					 600 and Appendix) to Part 5
					 (Section 600 and Appendix) filed 12-6-82;
					 effective thirtieth day thereafter (Register 82, No. 50). For prior history,
					 see Registers 73, No. 48; 72, No. 44; 70, No. 41; 69, No. 11; 64, No. 16; 64,
					 No. 3; 62, No. 23; and 60, No. 5.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300.2 - Eligibility Criteria for Applicants in Campaigns or Expeditions Before and After January 1, 1977

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants
				  who have served on active duty at some time prior to January 1, 1977, and who
				  have been released from active military service less than 30 years from the
				  receipt or postmark of the application, shall be eligible for consideration for
				  a loan funded by general obligation bonds.
(b) Applicants whose service is after January
				  1, 1977, or who were discharged from military service longer than 30 years from
				  the receipt or postmark of the application, shall be required to qualify for
				  revenue bond funding only.
(c)
				  Applicants who qualify for both general obligation and revenue bond funding
				  shall be required to accept revenue bond funding.
(d) In order to qualify for a loan funded by
				  revenue bonds, the applicant shall be required to satisfy the following
				  additional criteria:
(1) The applicant shall
				  be a first-time home buyer as defined in
				  26 U.S.C.A. Section
				  143(d), or shall be
				  purchasing a residence in a targeted area as defined in
				  26 U.S.C.A. Section
				  143(j).
(2) The property shall have a purchase price
				  which is within the average area purchase price "safe harbor" limitations as
				  defined in 26 U.S.C.A.
				  Section 143(e)(2).
(3) The applicant shall have an income which
				  satisfies the federal income limitation for revenue bond funding as defined in
				  26 U.S.C.A. Section
				  143(f).
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300.3 - Residency Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
2.
					 Repealer filed 3-26-93; operative 4-26-93 (Register 93, No. 13).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						980(a)(2)
						and
						987.52,
						Military and Veterans Code; and Sections
						244 and
						245,
						Government Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300.4 - Eligibility of Minors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
2.
					 Repealer filed 3-26-93; operative 4-26-93 (Register 93, No. 13).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						980(a)(2),
						Military and Veterans Code; Sections
						25.1,
						62 and
						63, Civil Code,
						and Section
						244,
						Government Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300.5 - Killed in the Line of Duty, While on Active Duty; Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  definition of a veteran "killed in the line of duty while on active duty" is
				  "died as a result of injury, disease, or other infirmity, which injury,
				  disease, or infirmity was not caused by the veteran's own willful misconduct,
				  during period of active military, naval, or air service".
1. New
					 section filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.58(b),
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 300.6 - Active Duty Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  who is presently on active duty and who is in all other respects a veteran, as
				  defined in Section
				  980
				  of the Military and Veterans Code, is eligible for a Cal-Vet loan benefit. It
				  is not necessary for the veteran to have been discharged or released from
				  active duty in order to qualify for a Cal-Vet loan.
(b) The Division shall accept loan
				  applications from eligible active duty veterans when they can reasonably
				  demonstrate that they or members of their immediate family, as set forth in
				  Section
				  987.60
				  of the Military and Veterans Code, will be able to occupy the home. Occupancy
				  is a statutory requirement, and the Division shall advise the applicant
				  concerning the conditions of the occupancy waiver pursuant to Sections
				  987.62
				  and
				  987.63
				  of the Military and Veterans Code.
1. New
					 section filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						980,
						987.52(b),
						987.60,
						987.62
						and
						987.63,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 302.1 - Use of Mortgage Brokers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mortgage
				  Brokers may represent the applicant during the loan process, and have access to
				  any status information available through the Internet, over the telephone, or
				  in person on behalf of the applicant and upon verification of authorization by
				  the applicant via receipt by the Department of the "Designation of Agent and
				  General Release" form (Form A-3 Rev. 10/00), or other agreements signed by the
				  Agent and buyer, such as the Purchase Agreement, that authorizes the agent to
				  act on the buyer's behalf.
(b) The
				  Department shall post all program changes that affect loan processing on its
				  Website for easy access by real estate professionals to keep them
				  informed.
(c) The Department will
				  certify individual mortgage broker companies who sign and complete a Mortgage
				  Broker Agreement, complete three completed loans within 24 months, and send
				  loan officers to Cal-Vet training. The Department will provide standardized
				  training to Mortgage Brokers and their loan officers as resources permit on
				  Cal-Vet loan processing and eligibility, which shall include, a training
				  manual, and issuing a certificate verifying completion of training. This may be
				  through Department staff or through a private vendor selected by the
				  Department. Attendance is by pre-registration, and there may be a cost to cover
				  materials and instruction.
(d) Use
				  of Mortgage Brokers on USDVA guaranteed loans is subject to USDVA requirements
				  since the Department is a USDVA guaranteed lender.
(e) A Loan Origination Fee to be paid through
				  escrow by the buyer or seller of up to 1% of the loan amount may be charged and
				  paid to any Mortgage Broker assisting the applicant and pursuant to the
				  requirements as stated in this section.
1. New
					 section filed 10-30-2000 as an emergency; operative 10-30-2000 (Register 2000,
					 No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 10-30-2000 order, including
					 further amendment of subsections (c)-(e), transmitted to OAL 2-23-2001 and
					 filed 4-6-2001 (Register 2001, No. 14).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.59,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 302.2 - Property Appraisal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the
				  purchase of any property by the Department, there shall be filed with the
				  Department an appraisal of the market value of the property according to
				  established appraisal principles and pursuant to Department procedures as
				  stated in the Farm and Home Purchases Division Operations Manual, Chapter 4,
				  dated February, 2001, which are incorporated by reference.
(b) The appraisal will be performed by an
				  employee or authorized agent of the Department on a panel of fee appraisers who
				  have been interviewed by Department staff and trained through the Department in
				  Cal-Vet appraisal procedures. All appraisers other than Department employees
				  must be licensed to perform residential appraisals by the California Office of
				  Real Estate Appraisers (OREA). However, appraisals by authorized appraisers of
				  a banking corporation formed under the laws of this state or of a national
				  banking association having a place of business in this state may be accepted
				  and USDVA and FHA appraisals may also be accepted if:
(1) the appraisals were performed within 60
				  days of application; and
(2) the
				  appraisals must be reviewed by a Cal-Vet representative for accuracy and
				  completeness. Any questionable reports will be returned to the appraiser for
				  correction or explanation. All appraisals shall be certified by the maker
				  thereof. The certification shall state that it is made in good faith, and that
				  the valuation is honestly determined and represents the bona fide opinion of
				  the maker.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 302.3 - Application by Department Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  eligible veteran Department employee may submit a loan application under the
				  following conditions:
(1) The employee must
				  meet the same eligibility, credit and property standards as any other veteran
				  applicant.
(2) The employee shall
				  not be involved in the processing or approval of the application.
(3) The Department shall not consummate a
				  loan to an employee of the Department without prior review of the application
				  and sign-off by the Department Secretary or designee, which shall occur within
				  fourteen days of the receipt of the employee's application.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 303 - Other Documents or Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  application shall be accompanied by or shall include such other documents or
				  evidence as the Division may prescribe or require from time to time, including,
				  but not limited to, the originals or certified copies of all pertinent military
				  service or separation documents, showing inclusive dates of service, honorable
				  discharge or release from active duty under honorable conditions.
(b) The applicant shall be required to submit
				  supplemental documentation of an evidentiary nature (e.g. extension agreements,
				  special orders, copies of awards or citations) to substantiate discharge or
				  separation documents if such documentation is necessary to determine
				  eligibility for Cal-Vet benefits.
(c) An application shall not be processed
				  until the application and all other documents and evidence required by the
				  Division are completed and on file in the Division's office having jurisdiction
				  over the area in which the farm or home is located.
1. Amendment
					 filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
2. Amendment
					 of subsection (a) filed 3-26-93; operative 4-26-93 (Register 93, No.
					 13).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						980,
						987.56
						and
						987.59,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 304 - Wounded or Disabled Veterans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a special benefit or consideration is conferred by
					 statute on a veteran who was wounded or disabled as a result of military
					 service, documentary evidence of such wound or disability shall be required.
					 The fact of having been wounded shall be evidenced by appropriate entries in
					 military service or separation documents. A service-connected or wartime
					 disability shall be evidenced by appropriate entries in military service or
					 separation documents, and by a disability rating of at least 10% by the United
					 States Veterans Administration or by the appropriate military department. Any
					 such wound or disability must have been incurred during the period of active
					 military service which qualifies the applicant for the farm or home
					 loan.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.56
						and
						987.57,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 305 - Other Periods of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a special benefit or consideration is conferred by
					 statute for two or more separate periods of service, each such period of
					 service must have occurred during a separate qualifying "war" period as
					 prescribed by statute and must meet all other statutory requirements therefor.
					 However, a less than honorable discharge, or a release from active duty under
					 less than honorable conditions, or a benefit, bonus, or compensation from
					 another state received for any such period of service will not necessarily
					 disqualify an applicant from eligibility under another such period of
					 service.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						980
						and
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 305.2 - Subsequent Loan Benefit; Career Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A career
				  officer, qualified as a veteran as defined in Section
				  980
				  of the Military and Veterans Code, shall be granted a subsequent opportunity to
				  purchase property under the Cal-Vet loan program for service during more than
				  one qualifying war period. An officer shall qualify for a subsequent loan for
				  service if the officer served in a campaign or expedition, at any time for
				  which a medal has been authorized by the federal government. Only one loan
				  shall be granted during any one qualifying war period, therefore, the service
				  in a campaign or expedition must have occurred outside of the qualifying war
				  periods.
(b) The first Cal-Vet loan
				  must be sold, or the veteran's interest must have been divested through divorce
				  or dissolution of marriage, and the contract paid in full before the veteran
				  may obtain a subsequent loan and the veteran must be qualified under the
				  federal restrictions on the uses of tax-exempt bonds at the time the subsequent
				  loan is funded.
(c) If the veteran
				  has dual eligibility (qualifies for veteran status under two qualifying war
				  periods), then the previous Cal-Vet loan must have been paid in full, but the
				  property need not be sold.
1. New
					 section filed 12-9-91; operative 1-8-92 (Register 92, No. 9).
2.
					 Repealer of subsection (b) and subsection relettering filed 3-26-93; operative
					 4-26-93 (Register 93, No. 13).
3. Change without regulatory effect
					 amending subsection (b), new subsection (c) and amendment of NOTE filed 12-2-96
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 49).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						980,
						987.52,
						987.86(a),
						987.86(b),
						987.86(c)
						and
						987.86(d),
						Military and Veterans Code; and 26 United States Code Annotated, Section
						143.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309 - Credit Review and Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All applications for Cal-Vet loans shall be subject to the
					 Department's credit review and evaluation prior to the Department's decision to
					 approve or disapprove making a loan. The Department's review and evaluation of
					 an applicant's creditworthiness shall consist of an analysis of the applicant's
					 assets, income and income potential to meet the expenses of home ownership and
					 other living costs. No single factor shall be the sole basis by which the
					 applicant's creditworthiness is evaluated. The Department shall use the
					 following factors to evaluate the applicant's financial status:
(a) Credit Reports as set forth in Sections
				  309.1 and
				  309.2.
(b) Consideration of Bankruptcies as set
				  forth in Section
				  309.4.
(c) Analysis of Income/Expense as set forth
				  in Sections
				  309.5 and
				  309.6.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.1 - Credit References and Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Lack of a credit history shall not prevent an applicant
					 from getting a Cal-Vet loan. However, the Department shall deny an application
					 for a loan if an applicant's credit references give adverse reports and the
					 applicant has a balance available for family support which is less than forty
					 percent (40%) of adjusted gross income. If credit references give positive
					 reports, and the applicant has a balance available for family support which is
					 less than forty percent (40%) of adjusted gross income, then the Department
					 shall use the factors mentioned in section
					 309.5(d) to make
					 the loan decision. "Total gross income" is defined as the total monthly
					 monetary income or salary of the applicant. "Adjusted gross income" is defined
					 as total gross income less payroll deductions from income as indicated on the
					 applicant's payroll check (i.e. federal and state taxes; retirement and/or
					 social security; deferred compensation; charitable contributions; job-related
					 expenses). "Balance available for family support" means the applicant's
					 adjusted gross income minus the estimated monthly payment on the Cal-Vet loan,
					 and minus monthly payments for debts and obligations not necessary for family
					 support, such as, boat, motor-home or vacation home loans.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.2 - Credit Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall obtain credit reports on all
					 applicants applying for loans on single family homes, condominiums, farms,
					 mobile homes, construction loans, conditional commitment loans, deferred
					 principal payment loans, loan transfers, second loans, assignments of existing
					 contracts, home improvement loans, and purchases of repossessions which will be
					 under a Cal-Vet loan contract. Credit reports shall be ordered on both veteran
					 and non-veteran applicants. A credit report shall be ordered on the applicant
					 and spouse, if married. The Department may charge a fee to cover the cost of
					 the credit report, which may be included in the Loan Origination Fee. The
					 Department shall notify the applicant of any adverse credit reports. If the
					 applicant disagrees with the information contained in the credit report, the
					 Department shall refer the applicant to the credit reporting agency. The
					 Department shall hold the loan application for thirty (30) days, from the date
					 the Department refers the applicant to the credit reporting agency, while the
					 applicant is pursuing any disagreement with the credit reporting agency.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
2.
					 Amendment filed 4-6-98; operative 5-6-98 (Register 98, No. 15).
3.
					 Amendment filed 10-30-2000 as an emergency; operative 10-30-2000 (Register
					 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by
					 2-27-2001 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 10-30-2000 order
					 transmitted to OAL 2-23-2001 and filed 4-6-2001 (Register 2001, No. 14).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.3 - Loans Denied

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant denied a loan shall receive a statement of
					 specific reasons for such action from the Department. The statement of reasons
					 shall be confirmed in writing within thirty (30) days from the receipt of the
					 complete loan application package from the applicant. The Department shall
					 inform any applicant who is denied a loan, based on information in the credit
					 report, that the Department shall consider a new loan application after a
					 credit history has been established for a period of at least six (6) months
					 following the date of original submission of the denied application.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.4 - Consideration of Bankruptcies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant who has previously been adjudged bankrupt and whose debts have been
				  discharged in bankruptcy under Chapters 7 or 13 of the Bankruptcy Act (Title
				  11, U.S.C.A. , Sections
				  701 -- 766 or Sections
				  1301 -- 1330) shall not be refused
				  a loan for this reason. If the applicant has sufficient income and assets and
				  has re-established credit, the Department shall grant the applicant a loan.
				  "Sufficient income and assets" is defined as income and assets such that the
				  balance available for family support is equal to or greater than forty percent
				  (40%) of adjusted gross income as defined in Section
				  309.1 above.
(b) An applicant, who has been adjudged
				  bankrupt under Chapter 7 of the Bankruptcy Act, shall be considered as having
				  re-established satisfactory credit when the applicant's latest credit report
				  shows at least one creditor that is being paid as agreed over a period of at
				  least six months. If there is more than one creditor showing on the credit
				  report, then all creditors shall show paid as agreed over a period of at least
				  six months.
(c) An applicant, who
				  has been adjudged bankrupt under Chapter 13 of the Bankruptcy Act, shall be
				  considered as having re-established satisfactory credit when the applicant has
				  satisfactorily completed all payments under the Chapter 13 plan. However, when
				  the applicant has not yet completed the plan, then the Department shall inquire
				  of the Trustee as to whether the payments to the Trustee have been made in the
				  manner prescribed by the Bankruptcy Court in order to establish the applicant's
				  creditworthiness. In the case of a Chapter 13 filing, written approval from the
				  Trustee shall be received by the Department before a loan may be granted, which
				  is in accord with Title 11, U.S.C.A., Section
				  364(a) and
				  (b).
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.56,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.5 - Financial Information Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant shall submit all relevant information
					 described below:
(a) Applicant's
				  occupation and spouse's occupation (if any).
(b) Number of years at present employment for
				  the veteran and spouse (as appropriate). The number of years at present
				  employment is used in considering the stability of the veteran's (and spouse's)
				  income stream. Income shall not be considered stable when the employee has less
				  than six (6) months with the same employer, unless there is other recent
				  employment in the same or a similar field.
(c) Debts and obligations, including child
				  support or spousal support, and any proposed secondary loans as described in
				  Section 341.
(d) All income including:
(1) Gross salary and wages of the applicant
				  and spouse;
(2) Interest on savings
				  accounts and other investments which shall still exist after a Cal-Vet loan is
				  made;
(3) Dividends from stock or
				  credit union deposits which shall still exist after a Cal-Vet loan is
				  made;
(4) Return on long-term
				  personal notes and deeds of trust;
(5) Child or spousal support;
(6) Net income from real estate investments
				  or business enterprises;
(7)
				  Veteran's disability payments;
(8)
				  Social security benefits and income from public assistance programs; Retirement
				  income;
(9) Monetary gifts from
				  friends or relatives;
(10) Income
				  from military reserves or National Guard;
(11) Income from part-time or second jobs
				  shall be considered when employment verifications indicate continued employment
				  is likely, so long as the applicant has worked at the job for at least six (6)
				  months.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 309.6 - Income Verification and Reliability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The income of all applicants applying for Cal-Vet loans
					 shall be confirmed by:
1) verifying
				  employment status with current employer; or
2) relevant information that specifies the
				  applicant's income (for example, retired annuitant statements, or dividend and
				  interest income statements). The Department shall give equal consideration to
				  both the income of the applicant and the income of the spouse. There shall be
				  no discounting of income because of sex. Income claimed by the applicant which
				  cannot be verified shall not be considered in the income analysis. Employment
				  verifications over six (6) months old shall not be considered valid. The
				  following are particular requirements for other income situations:
(a) Recently discharged veterans: Unless the
				  veteran is returning to the same or similar job held at time of service entry,
				  the veteran shall be held to the six (6) months employment requirement as set
				  forth in Section
				  309.5(b). Similar
				  pre-military experience or training, or work performed while on active duty, in
				  the same or a similar field as the applicant's current job, shall be considered
				  to establish job stability. If the veteran has some related training or
				  experience and the employer rates the job as permanent, then the veteran's full
				  income from the present job shall be used even if there is less than six months
				  job experience.
(b) Self
				  employment: The applicant shall submit a 12 month year-to-date (of application)
				  profit-and-loss statement plus copies of federal income tax returns for the two
				  most recent tax years.
(c) Seasonal
				  Employment: Applicants with seasonal employment due to weather or economic
				  conditions shall submit a statement of earnings for the year-to-date of
				  submission of the application plus copies of W-2 forms for the two most recent
				  tax years.
(d) Commissions: When
				  more than 50% of the applicant's income is derived from commissions, the
				  applicant shall submit written verification of the actual amount of commission
				  payments received over the last 12 months, if possible, and in any case over
				  the period of at least six (6) months prior to submission of the
				  application.
(e) Union Employment:
				  Applicants who work out of a union shall submit copies of W-2 forms for the two
				  most recent tax years plus a current verification of employment including the
				  current year's year-to-date earnings.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 310 - Deferred Principal Payment Loan Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall consider applicants, who are California veterans as defined in
				  Section
				  980
				  of the Military and Veterans Code, for the Department's Deferred Principal
				  Payment Program ("Program") if:
(1) the
				  applicant has sufficient income and assets as defined in Section
				  309.4(a) to make
				  interest-only monthly payments to purchase the home selected, and
(2) the applicant's income can reasonably be
				  expected to increase sufficiently within a five year period to make the
				  transition to fully amortized principal and interest
				  payments.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 1 - Eligibility and Qualifications › Section 310.1 - Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum principal payment deferment period shall be
					 five (5) years and the total loan contract term cannot exceed forty (40) years.
					 The other limitations are as follows:
(a) Subsequent deferment periods shall not
				  exceed two (2) years, with cumulative deferment periods being less than, or
				  equal to, five (5) years.
(b) In
				  order to obtain a subsequent deferment the applicant shall submit a request in
				  writing to the Department at least forty-five (45) days prior to expiration of
				  the previous deferment. Granting a subsequent deferment shall not be automatic,
				  but shall be granted based on current analysis of applicant's income
				  position.
(c) Applicants who
				  qualify for normal amortized loan payments shall not be eligible for the
				  Program.
(d) Applicants applying
				  for a farm loan shall not be eligible for participation in the
				  Program.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.56
						and
						987.71,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 2 - Property and Title Requirements › Section 320 - Property Not Suitable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Homes to be used primarily for rental or income purposes or
					 as "vacation" or "weekend" homes and properties located outside the State of
					 California are not suitable for purchase.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.53(b),
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 2 - Property and Title Requirements › Section 322 - Conditions, Encumbrances, and Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless expressly accepted in writing by the Division, all
					 conditions, encumbrances, and liens, whether of record or not, must be cleared
					 prior to purchase by the Department. Each property must have a year-round
					 access and water supply which, in the opinion of the Division, will be adequate
					 and sufficient for its intended use as a farm or home.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.60(a)
						and
						987.68,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 341 - Secondary Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Secondary financing (from other sources) may be permitted
					 in connection with the purchase of a farm or home, or a veteran may be
					 permitted to encumber (borrow on equity) an existing Cal-Vet farm or home, if,
					 in the opinion of the Division of Farm and Home Purchases, the veteran is
					 financially able to pay the additional indebtedness without jeopardizing
					 payment of the Cal-Vet loan installments, and the value of the farm or home is
					 sufficient to secure the Cal-Vet loan and the additional indebtedness with an
					 adequate security margin. The Department's interest in the farm or home must be
					 prior and senior to any such encumbrance, and application for the Department's
					 consent to encumber must be made in writing and approved prior to the recording
					 of any security instrument for any such encumbrance.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.73,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 342 - Assignments or Assumptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will give its consent to an assignment or
					 assumption of a Cal-Vet loan only in the following instances:
(a) To another qualified veteran;
(b) To the veteran and spouse, and no other
				  party or parties, in joint tenancy, tenancy in common, or as community
				  property;
(c) To a non-veteran
				  spouse to whom the entire interest in the Cal-Vet loan property is awarded in a
				  dissolution of marriage, legal separation, or nullity proceeding; provided,
				  however, that where such non-veteran spouse is not eligible to assume the loan
				  at the interest rate prescribed for veterans, a higher interest rate shall be
				  charged as fixed by the Department from time to time; or
(d) To eligible heirs, devisees, or personal
				  representatives. The Department will not give its consent to any other
				  assignments or assumptions, and as to any such assignments or assumptions made
				  or taken without the Department's consent the interest thereon shall be fixed
				  at such higher rate as the Department may determine from time to time, without
				  prejudice to the Department's exercise of any other rights or remedies for
				  unconsented assignments or transfers.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.72,
						987.721,
						987.73,
						and
						987.82,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 343 - Occupancy Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirement that the veteran or members of the
					 veteran's immediate family must occupy the Cal-Vet loan property means that the
					 veteran or family must actually reside in or on the property and maintain it as
					 their principal place of residence. For purposes of this section, "principal
					 place of residence" shall mean the place where one actually lives for the
					 greater part of time, or the place where one remains when not called elsewhere
					 for some special or temporary purpose and to which one returns frequently and
					 periodically, as from work or vacation. There may be only one "principal place
					 of residence," and where more than one residence is maintained or owned, the
					 burden shall be on the veteran to show that the Cal-Vet farm or home is the
					 principal place of residence.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.60(b)
						and
						987.74,
						Military and Veterans Code.