Does the buyer pay the VA funding fee on an assumption?

Yes, unless exempt. VA Circular 26-23-10 sets the assumption funding fee at 0.5 percent of the loan balance, paid in cash at closing and not financed.

What happens to the seller's VA entitlement when a non-veteran assumes?

It stays encumbered by the loan until the loan is paid in full. Only an eligible veteran assumer can substitute entitlement and restore the seller's.

What is VA Form 26-10291?

The Assumption Entitlement Acknowledgement. Under Circular 26-24-9 the holder must give it to the selling veteran immediately after an assumption application is received, signed no later than closing, for applications on or after June 24, 2024.

Can a VA loan be assumed without the servicer's approval?

No. Every VA loan document carries the notice that the loan is not assumable without VA or its agent's approval, and transferring without approval lets the holder demand full payment (3714(b) and (d)).

Can a non-veteran assume a VA loan?

Q: Can a non-veteran assume a VA loan?

Yes. 38 U.S.C. 3714 requires the holder to approve an assumption when the loan is current, the buyer contractually assumes full liability, and the buyer qualifies on credit as if they were an eligible veteran. Veteran status is not a condition.

Updated September 2026

What 38 U.S.C. 3714 requires of any buyer, the fees VA allows, and why the seller's entitlement is the real question.

Yes. A VA-guaranteed loan can be assumed by a buyer who is not a veteran. The statute does not require the buyer to be one; it requires the buyer to qualify. What changes when a non-veteran assumes is not the buyer's side of the deal but the seller's: the veteran who sold the home keeps their entitlement tied up in a loan someone else is paying. That is the part to understand before agreeing.

What does the law require of the buyer?

38 U.S.C. 3714(a)(1) says the holder must approve the assumption, and release the seller from liability to VA, when three things are true: the loan is current; the buyer is obligated by contract to buy the property and to assume full liability for the unpaid balance and every obligation under the loan documents; and the buyer qualifies from a credit standpoint "to the same extent as if the purchaser were a veteran eligible" for a VA loan of that amount. VA Circular 26-23-10 restates the same three conditions and tells servicers to underwrite an assumption with the same documentation as a VA purchase, under the Lender's Handbook's credit chapter. Nothing in either document limits the buyer to veterans.

The charges are the same for any buyer. Circular 26-23-10, Change 1, lists what may be charged to the assumer "irrespective of the assumer's Veteran status": the assumption processing fee, capped at $300; the VA funding fee, unless the assumer is exempt or the transfer is an unrestricted transfer; a credit report; recording fees and taxes; taxes, hazard and flood insurance, and assessments; and title examination and insurance. The funding fee on an assumption is 0.5 percent of the loan balance, paid in cash at closing, and the circular says it may not be financed into the loan.

What does a non-veteran assumption do to the seller?

Circular 26-23-10 draws the line in one sentence: in an assumption without a substitution of entitlement, "the original Veteran's entitlement remains encumbered by the loan until the loan is paid in full," and the seller does not receive a restoration of entitlement. A non-veteran cannot substitute entitlement because they have none. So the seller is released from liability to VA (that is what 3714 provides) but is not released from the entitlement charge. The two are different, and confusing them is the most common assumption mistake.

VA thought this was misunderstood often enough to create a form for it. Circular 26-24-9 announced VA Form 26-10291, Assumption Entitlement Acknowledgement, and requires the holder to give it to the selling veteran immediately after receiving an assumption application, signed no later than closing, for applications received on or after June 24, 2024. If you are the seller and no one has handed you that form, ask for it; it is the servicer's obligation, not yours.

What the seller can do with remaining entitlement, and how to get the rest back later, is on what happens to your entitlement after an assumption.

Which loans are covered?

Section 3714 applies to VA loans for which commitments were made on or after March 1, 1988, and to purchase loans closed after January 1, 1989 (3714(f)). Loans older than that were made under different rules, and the servicer will tell you which set applies. Every VA loan document since then carries the notice the statute requires: "This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent" (3714(d)). Transferring the property without that approval lets the holder call the loan due in full (3714(b)).

What should each side do?

If you are the buyer: ask the servicer for its assumption application and expect a full credit and income package. The steps and timelines are on how a VA loan assumption works.

If you are the seller: decide whether you can live with your entitlement staying encumbered, possibly for decades, before you accept a non-veteran assumer. If reusing your VA benefit at the next duty station matters, a veteran buyer with substitution of entitlement, or a standard sale that pays the loan off, may serve you better. That comparison is the center of the VA loan assumption at sale guide.

Sources, read on September 26, 2026: 38 U.S.C. 3714; VA Circular 26-23-10 (May 22, 2023) and Change 1 (February 23, 2024); VA Circular 26-24-9 (April 25, 2024); VA Circular 26-24-17 (effective August 14, 2024); VA Lender's Handbook, Pamphlet 26-7, Chapter 2 section 2.06 and Chapter 5. heroSOLD is not a lender, not a law firm, and not affiliated with the Department of Veterans Affairs. Rules change; confirm the current text with the loan servicer, a VA loan technician at 877-827-3702, or an attorney.