38 U.S.C. § 3721
Section 3721 · Incontestability
Amended 3 times on record
Applied in 3 court decisions — leading case Victor E. Bibby v. Mortgage Investors Corporation (2021)
Most recently applied in Victor E. Bibby v. Mortgage Investors Corporation (February 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation. The Secretary shall not, by reason of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Pub. L. 102–83 renumbered section 1821 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.