VA Security Instrument
The VA-specific Mortgage or Deed of Trust for veteran home loans — incorporating unique SCRA protections and VA servicing requirements.
Response within 24 hours
Response within 24 hours
The VA Security Instrument is the VA-approved Mortgage or Deed of Trust used for all VA-guaranteed home loans. It incorporates VA regulations (38 CFR Part 36) directly into the contract, including mandatory loss mitigation, VA pre-foreclosure servicing requirements, and referral to the VA Loan Guaranty Service before foreclosure. Key features: mandatory VA servicing requirements (38 CFR § 36.4350 — servicing procedures for holders), pre-foreclosure referral to the VA, VA's authority to intervene and purchase the loan, mandatory loss mitigation evaluation (VA Refund Program, VA modification options), and special protections under SCRA for active-duty service members. The VA Security Instrument is uniform across all VA loans and includes provisions that go well beyond conventional security instruments.
Purpose
- 1Incorporate VA regulations directly into the mortgage contract
- 2Provide veteran-specific protections and servicing requirements
- 3Ensure VA pre-foreclosure review and intervention rights
- 4Document the security interest for a VA-guaranteed mortgage
Who Prepares It
The VA-approved lender prepares the VA Security Instrument using VA-mandated forms. The borrower (the veteran) signs at closing. Recorded in county land records.
When It Is Used
Used for all VA-guaranteed loans: purchase mortgages, VA Interest Rate Reduction Refinance Loans (IRRRL), and VA Cash-Out Refinances.
Legal Effect
The VA Security Instrument incorporates 38 CFR Part 36 regulations by reference. The servicer's failure to comply with VA servicing requirements may be asserted as a defense to foreclosure. Additionally, the VA has statutory authority to intervene in a foreclosure and may purchase the loan from the holder (paying the guaranty amount) to prevent foreclosure and work directly with the veteran.
Common Mistakes
Homeowner Rights
Other Security Instruments Documents
Mortgage / Deed of Trust
The security instrument that pledges your property as collateral — understanding this document is essential to understanding how foreclosure works.
Deed of Trust
The security instrument used in non-judicial foreclosure states — a three-party instrument that allows a trustee to sell the property without court involvement.
Satisfaction of Mortgage
The document that releases the mortgage lien after the loan is paid in full — and what happens when the lender fails to record it.
FHA Security Instrument
The FHA-specific Mortgage or Deed of Trust that incorporates HUD regulations and provides unique borrower protections.
Condominium Rider
The Fannie Mae/Freddie Mac rider for condominium mortgages — incorporating HOA provisions, project assessments, and insurance requirements.
PUD Rider (Planned Unit Development)
The Fannie Mae/Freddie Mac rider for PUD mortgages — addressing HOA dues, community amenities, and association governance.
USDA Mortgage Documents
The USDA-specific mortgage instruments for Rural Development loans — incorporating RD regulations and providing unique loss mitigation options.
Frequently Asked Questions
Can the VA stop a foreclosure on my loan?▼
The VA has statutory authority to intervene in foreclosures of VA-guaranteed loans. The servicer MUST refer the case to the VA before foreclosing. The VA can: (1) require the servicer to offer loss mitigation, (2) purchase the loan from the holder (paying the guaranty amount) and work directly with the veteran, (3) mediate between the veteran and servicer. If you have a VA loan and are facing foreclosure, contact the VA Loan Guaranty Service immediately at 1-877-827-3702. The VA is strongly motivated to prevent foreclosure — every foreclosure on a VA loan costs the VA money (the guaranty payment).
Ready to Protect Your Home?
Every day matters when facing foreclosure. Get your free, confidential consultation and learn your options — no obligation.
Available Monday–Friday · 10:00 AM – 6:00 PM Pacific