A compliance obligation with civil penalties and no materiality threshold.
Esshaki Legal Media TeamCurrent as of January 2024
Lenders making, increasing, extending or renewing loans secured by improved real
property in a special flood hazard area must require flood insurance.
Determination. Using the standard determination form, with the basis
documented and retained for the life of the loan. Life-of-loan monitoring for
map changes is standard and generally provided by a vendor.
Amount required. The lesser of the outstanding principal, the insurable
value of the improvements, or the maximum available under the national
program. Insurable value is a recurring source of examination findings, since
using replacement cost rather than an appropriate measure can over-insure and
using the loan balance alone can under-insure.
Notice to borrower of the hazard designation and of the availability of
disaster assistance, provided within a reasonable time before closing with
proof of receipt.
Escrow required for most residential loans, with exceptions for small
lenders meeting stated criteria.
Force placement. Notice on discovering inadequate coverage, and purchase on
the borrower’s behalf if coverage is not obtained within forty-five days, with
premiums charged from the date of lapse.
Private flood insurance must be accepted where it meets the definitional
criteria, with a compliance aid statement simplifying the assessment.
Penalties are assessed per violation and per year, without regard to whether
any loss occurred.