# Agency Information Collection Activities: Proposed Collection; Comment Request

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-27242

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 24, 1996
- **Citation:** 61 FR 55185

## Text

DEPARTMENT OF VETERANS AFFAIRS

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Veterans Benefits Administration, Department of Veterans
Affairs.

ACTION: Notice.

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SUMMARY: As part of its continuing effort to reduce paperwork and
respondent burden, the Veterans Benefits Administration (VBA) invites
the general public and other Federal agencies to comment on this
information collection. This request for comment is being made pursuant
to the Paperwork Reduction Act of 1995 (Public Law 104-13; 44 U.S.C.
3506(c)(2)(A)). Comments should address the accuracy of the burden
estimates and ways to minimize the burden including the use of
automated collection techniques or the use of other forms of
information technology, as well as other relevant aspects of the
information collection.

DATES: Written comments and recommendations on the proposal for the
collection of information should be received on or before December 23,
1996.

ADDRESSES: Direct all written comments to Veterans Benefits
Administration (20S52), Department of Veterans Affairs, 810 Vermont
Avenue, NW, Washington, DC 20420. All written comments will become a
matter of public record and will be summarized in the VBA request for
Office of Management and Budget (OMB) approval. In this document VBA is
soliciting comments concerning the following information collection:
OMB Control Number: 2900-0021.
Titles and Form Numbers: Notice of Default, VA Form 26-6850; Notice
of Default and Intention to Foreclose, VA Form 26-6850a; and Notice of
Intention to Foreclose, VA Form 26-6851.
Type of Review: Extension of a currently approved collection.
Need and Uses: When the VA receives either VA Form 26-6850, 26-
6850a, or 26-6851, the loan service representative will review the form
and assign a rating as to the timeliness/completeness of the holder's
report. A complete and timely report is necessary to facilitate the
VA's determination as to the need for and extent of supplemental
servicing in individual cases. The loan status is then coded into LCS
(Liquidation and Claims System). LCS is a centralized automated data
processing system for the operational control of default reporting,
loan servicing, liquidations and claims on outstanding GI loans.
Current Actions: Holders of guaranteed loans are required to notify
the VA within 45 days of a loan default by reason of nonpayment of any
installment for a period of 60 days from the date of the first uncured
default. This notice is required by Title 38, U.S.C. 3732(a)(1), and
Title 38, CFR 36.4315. Holders are also required to notify the VA of
their intention to foreclose. This notice is required by Title 38,
U.S.C. 3732(a)(2), and Title 38, CFR 36.4317. After delivery of such
notice to the VA, 30 days must pass before the holder can begin court
proceedings or give notice of sale under power of sale or otherwise
take steps to terminate the debtor's rights in the security.
Many times, defaults are determined insoluble by holders at the
time the notice of default is to be filed with the VA. In such cases,
holders are requested to file VA Form 26-6850a which will provide both
notice of default and intent to foreclose together on one form.
VA Form 26-6850a requires that servicing efforts be fully explained
so that the VA can determine whether supplemental servicing could
develop further information which might justify the extension of
forbearance to the veteran-borrower as opposed to foreclosure. The
information provided is then used to coordinate the actions of the VA
and the holder to ensure that all legal requirements regarding
foreclosure and claim payment are met.
Estimated Total Annual Burden: 66,166 hours.
a. VA Form 26-6850--20,166 hours.
b. VA Form 26-6850a--26,000 hours.
c. VA Form 26-6851--20,000 hours.
Estimated Total Average Burden Per Respondent: 14 minutes.
a. VA Form 26-6850--10 minutes.
b. VA Form 26-6850a--20 minutes.
c. VA Form 26-6851--15 minutes.
Frequency of Response: On occasion.
Estimated Total Number of Respondents: 279,000.
a. VA Form 26-6850--121,000 respondents.
b. VA Form 26-6850a--78,000 respondents.
c. VA Form 26,6851--80,000 respondents.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the form should be directed to Department of Veterans
Affairs, Attn: Nancy Kessinger, Veterans Benefits Administration
(20S52), 810 Vermont Avenue, NW, Washington, DC 20420, telephone (202)
273-7079 or FAX (202) 275-4884.

[[Page 55186]]

Dated: October 11, 1996.

By direction of the Secretary.
Donald L. Neilson,
Director, Information Management Service.
[FR Doc. 96-27242 Filed 10-23-96; 8:45 am]
BILLING CODE 8320-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-27242. Public record. Not legal advice.
