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The VA loan escape clause is mandatory as it protects the buyer that qualifies for a VA loan from being locked into a sale if the VA home appraisal comes back at a lesser value than the agreed upon price by the buyer and seller. It also protects the buyer from any penalties or fees for backing out of the sale.
In plain English, the VA amendatory escape clause form means if the home's selling price is higher than the VA appraisal determines to be the reasonable value of the home, the borrower can walk even if they have already signed a contract to purchase the home.
You can take your existing VA loan and turn it into a conventional loan so that you can use the property for rental. Then you can turn around and use your VA eligibility to purchase a new primary home. There are a few things that you need to keep in mind before you do this.
In plain English, the VA amendatory escape clause form means if the home's selling price is higher than the VA appraisal determines to be the reasonable value of the home, the borrower can walk even if they have already signed a contract to purchase the home.
The Federal Housing Administration (FHA) and Department of Veterans Affairs (VA) require that buyers and sellers sign specific disclosure forms to protect buyers who utilize FHA or VA financing. More specifically, the FHA requires use of the Amendatory Clause and the VA requires use of the Escape Clause.
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Also called an \u201cEscape Clause,\u201d the FHA amendatory clause is a disclosure that gives FHA homebuyers extra protection to cancel a transaction and receive a refund of any upfront earnest money if the value of the home is below the agreed-upon sales price.
Be sure the sales contract includes the \u201cVA escape clause\u201d or \u201cVA option clause.\u201d This provides an option to void the contract if the property doesn't appraise for the contract price.
To request a COE by mail, fill out a Request for a Certificate of Eligibility (VA Form 26-1880) and mail it to the address for your regional loan center. You can find the address on the last page of the form. Please note that mail requests may take longer than requesting a COE through your lender.
This means that if the borrower defaults on the loan, the lender is guaranteed reimbursement. However, for the lender's loan to be guaranteed, the lenders' guidelines provide that the lender must ensure the Amendatory/Escape Clause is signed by the seller and buyer and included with the transactional documents.
Be sure the sales contract includes the \u201cVA escape clause\u201d or \u201cVA option clause.\u201d This provides an option to void the contract if the property doesn't appraise for the contract price.

va option clause