g. Conditional Commitments (continued)

Case

Condition/Notation on Certificate

Loan is to a service person who has not received an honorable discharge and must certify to continuous active duty

“Certification of active duty status as of date of note required.”

To ensure compliance, check the active duty box in Section III, Veteran’s Certifications, on VA Form 26-1820, Report and Certification of Loan Disbursement.  Ensure that the veteran signs the form.

Loan is to a veteran and fiancé/fiancée who intend to marry prior to loan closing - title is to be taken in the name of veteran and spouse

“Conditioned on proof of marriage prior to loan closing.”

A copy of the applicant’s marriage certificate or other proof of marriage must be submitted with the closing package.  A marriage license is inadequate.

Loan involves use of an attorney in fact

“No evidence of guaranty with respect to the loan to which this commitment relates will be issued by the Secretary unless the lender makes the certification specified by the Department of Veterans Affairs at the time the lender requests a certificate of guaranty to the effect that the veteran was alive and, if the veteran is on active military duty, not in a “missing in action” status on the date the note and security instruments were executed on the veteran’s behalf by the attorney-in-fact.”

Reference:  See section 6 of this chapter, for required documentation.