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Carlos Scarpero, VA Mortgage Specialist, NMLS 1674385

VA Loan Closing Costs: What You Actually Pay And What Lenders Cannot Charge You

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A lender may charge you a flat origination fee of up to 1% of the loan amount, plus a short list of VA-approved itemized fees, plus reasonable discount points. That 1% is a ceiling on everything the lender charges for its own work. Your lender can take a flat 1% origination fee, or it can itemize its own fees like document prep, processing and underwriting, but the two together cannot add up to more than 1% of the loan. Sellers can also contribute up to 4% of the appraised value in concessions, and a wood-destroying pest inspection can now be paid by you, the seller, or anyone else where the Notice of Value requires one.

If you are looking at a fee you cannot identify, send me your Loan Estimate. Naming the charge is usually the fastest way to find out whether the lender is even allowed to charge it to a veteran.

This is for anyone staring at a VA loan estimate and wondering whether the fee section is normal. VA actually publishes what a lender can and cannot charge a veteran borrower. Once you know the rule, you can read your own loan estimate instead of guessing.

What can a lender charge you directly?

A lender can charge you up to 1% of the loan amount for its own work, either as a flat origination fee or as itemized lender fees that stay inside that 1%. On an Interest Rate Reduction Refinancing Loan (IRRRL), the 1% is figured using VA Form 26-8923, the IRRRL Worksheet. On top of the lender's 1%, you can pay a set list of itemized, VA-approved third-party charges, plus reasonable discount points.

VA HANDBOOK EXCERPT

“In addition to the ‘itemized fees and charges,’ the lender may charge the veteran a flat charge not to exceed one percent of the loan amount.”

The flat charge is what covers everything the VA-approved itemized list does not. Notice the words “not to exceed”: this is a maximum on the lender's own compensation from you, which is why the way those fees are labeled matters less than what they add up to.

Source:

VA Lender’s Handbook (Pamphlet 26-7) – Chapter 8: Borrower Fees and Charges and the VA Funding Fee, Topic 2

The VA-approved itemized fees you can be charged, on top of the 1% flat charge, include:

  • The VA appraisal and any VA compliance inspection
  • The credit report the lender orders (or the automated underwriting evaluation fee in lieu of it)
  • Title examination, title insurance, and recording fees or taxes
  • A survey, if one is required
  • A flood zone determination, if made by a third party who guarantees its accuracy
  • Hazard insurance and your initial tax and insurance escrow deposit
  • Reasonable discount points
  • The VA funding fee, unless you're exempt

These are third-party or pass-through costs, not lender profit, so VA also limits them to what the third party actually charged. The lender can't mark up the appraisal, the credit report, or a survey and keep the difference. If you want the full breakdown of how these categories usually add up on a real transaction, our complete guide to VA closing costs walks through it line by line.

Take the 30 second mortgage quiz to see if you qualify

What can't a lender charge you?

This is where almost everyone, including a lot of real estate agents, gets it wrong. VA publishes a list of the lender's own overhead items that cannot be billed to you on top of a 1% flat charge. It is an either-or rule, not an outright ban. If your lender takes the full 1% origination fee, those items have to come out of it. If your lender does not charge the 1%, it can itemize them instead, as long as its own charges still total 1% or less.

VA HANDBOOK EXCERPT

“The lender’s flat charge is intended to cover all of the lender’s costs and services which are not reimbursable as ‘itemized fees and charges.’”

In plain terms: the flat charge is the lender's whole budget for its own services. It cannot bill you the 1% and then bill these items again on the side.

Source:

VA Lender’s Handbook (Pamphlet 26-7) – Chapter 8: Borrower Fees and Charges and the VA Funding Fee, Topic 2

VA REGULATION EXCERPT

“The fees and charges permitted under this paragraph are maximums and are not intended to preclude a lender from making alternative charges against the veteran which are not specifically authorized in the schedule provided the imposition of such alternative charges would not result in an aggregate charge or payment in excess of the prescribed maximum.”

This is the sentence that settles the argument. The 1% is a ceiling on the total the lender can charge you for its own side of the file, not a magic label. Itemized lender fees are allowed in place of the flat 1%, as long as they do not add up to more than 1%.

Source:

38 CFR 36.4313(d)(5), Charges and fees

The items that have to fit inside that 1%, and that you should never see charged on top of a full 1% origination fee, include:

  • Document preparation fees
  • Loan application, processing, or underwriting fees
  • Loan closing or settlement fees charged by the lender
  • Escrow fees or charges
  • Notary fees
  • Trustee's fees or charges
  • Interest rate lock-in fees
  • Tax service fees
  • Attorney's fees, other than for title work
  • Brokerage fees or real estate commissions charged to you as the buyer

So don't hunt for one bad fee name. Add up everything the lender is charging for its own services, including any origination, doc prep, processing, underwriting and application lines. If that total is more than 1% of your loan amount, or if a full 1% origination fee sits next to those extra lender lines, ask the lender to explain it.

Two things are separate from this 1% math: the VA-approved itemized charges listed above, which are third-party costs, and discount points you choose to buy.

What about the wood-destroying pest inspection?

For years, the rule of thumb was that a veteran-purchaser couldn't pay for the termite (wood-destroying pest) inspection, so the seller had to cover it. That's no longer accurate everywhere. In 2022, VA changed this.

VA CIRCULAR EXCERPT

“VA is authorizing in advance, as a local variance, that Veterans may be charged wood destroying pest inspection fees, where required by the NOV. Veterans may also pay for any repairs required to ensure compliance with MPRs.”

If your Notice of Value (NOV) requires a pest inspection, you can be the one who pays for it, and for any repairs the inspection turns up. VA still encourages negotiating that cost with the seller, but it isn't a legal requirement anymore.

Source:

VA Circular 26-22-11, Pest Inspection Fees and Repair Costs (June 15, 2022)

In practice that means the pest inspection is now negotiable by anyone in the deal. You can pay it, the seller can pay it, or the lender can, and it no longer has to be pushed onto the seller. Keep the itemized invoice for the inspection and any repairs. VA wants it in the file to verify the cost shown on your closing disclosure.

How much can a seller contribute toward your closing costs?

Seller concessions on a VA loan are capped at 4% of the property's established reasonable value, which is the value on your VA appraisal, not 4% of the loan amount. That cap also only applies to a specific list of items, not to everything a seller might pay.

VA HANDBOOK EXCERPT

“Any seller concession or combination of concessions which exceeds four percent of the established reasonable value of the property is considered excessive, and unacceptable for VA-guaranteed loans.”

The handbook is also specific about what does not count toward that 4%: “Seller concessions do not include payment of the buyer’s closing costs, or payment of points as appropriate to the market.”

Source:

VA Lender’s Handbook (Pamphlet 26-7) – Chapter 8: Borrower Fees and Charges and the VA Funding Fee, Topic 5

Concessions that count toward the 4% cap include the seller paying your VA funding fee, prepaying your property taxes and insurance, paying off your credit balances or judgments, or funding a temporary interest rate buydown. A seller simply paying your normal closing costs is not a concession under this rule, and neither are discount points paid at a market rate. That gives you more negotiating room than a lot of agents realize when you're working through getting your offer accepted in a competitive market.

Take the 30 second mortgage quiz to see if you qualify

Can VA closing costs be rolled into the loan amount?

Only in specific situations, and it depends on the loan type. On a regular purchase loan, the loan amount can only include the VA funding fee, not your other closing costs. Refinance loans have more flexibility: a cash-out refinance can pay allowable fees and discount points out of the cash proceeds, and an IRRRL can roll in the funding fee, the lender's flat charge, and other allowable fees, though no more than two discount points can be added to the loan amount on an IRRRL. If you're weighing a refinance and want the specifics for your situation, see our guides to the VA IRRRL streamline refinance, the VA cash-out refinance, and rolling closing costs into a VA loan.

How do you compare two lenders' loan estimates?

Closing costs vary a lot by state, title company, and lender, so there's no single dollar figure that tells you whether your numbers are "normal." Comparing two loan estimates apples-to-apples is more useful than chasing an average.

  1. Get both loan estimates on the same day. Rates move, so a Tuesday quote against a Thursday quote isn't a fair comparison.
  2. Compare the lender's own origination charges first. That's the piece the 1% rule actually caps.
  3. Check whether either quote includes discount points. A lower rate with 1.5 points isn't automatically the better deal.
  4. Confirm both quotes assume the same funding fee status. An exempt file and a non-exempt file will look very different, and that's not the lender's doing.
  5. Ask both lenders to also quote a lender-credit option at a slightly higher rate. Sometimes that's the better fit and it's worth asking for.

If you want to see how a given rate and fee structure plays out over the life of the loan, run your own numbers with our VA mortgage payment calculator.

Frequently asked questions

What happens to the fees you already paid if your VA loan doesn't close?

Out-of-pocket itemized fees you already incurred, like the appraisal and credit report, are not refunded. But if the lender already collected the 1% flat fee from you, the lender has to refund it, even if you end up closing with a different lender instead.

My lender is charging an underwriting fee on my VA loan. Is that legal?

Usually yes. VA caps what the lender can charge you for its own services at 1% of the loan amount, but it does not dictate the labels. A lender that does not charge a 1% flat origination fee can itemize fees like underwriting, processing and document preparation instead, as long as its own charges add up to 1% or less. What is not allowed is charging the full 1% origination fee and then adding those fees on top. Add up the lender's own lines and compare the total to 1% of your loan amount.

Does the VA funding fee count toward the seller's 4% concession limit?

Yes. The seller paying your VA funding fee is specifically listed as a seller concession, so it counts toward the 4% cap along with items like prepaid property taxes, payoff of your credit balances, and temporary buydown funds.

The lender can't charge me an attorney fee. Does that mean I can't use my own attorney?

No. The lender can't bill you for its own attorney's fees, but you can independently hire an attorney and pay for that yourself. Your closing documents should make clear that fee is a separate arrangement between you and your attorney, not something the lender charged.

Does a VA construction loan have a different fee cap than a regular purchase loan?

Yes. On construction, alteration, improvement, or repair loans, the lender can add up to an extra 1% or 2% flat charge on top of the standard 1%, depending on whether the lender supervises construction progress or advances more than half the loan during construction. That can bring the maximum lender flat charge to 2% or 3% of the loan amount instead of 1%.

Can a lender mark up the appraisal fee?

No. Third-party charges, including the appraisal, are limited to the actual amount the third party charged. The lender can't add a markup or handling charge and keep the difference.

Take the 30 second mortgage quiz to see if you qualify

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