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September 8
Checkup for your RDC Program;
Susan Orr

September 10
Critical Issues on Certificates of Deposit;
Deborah Crawford

September 16
S.A.F.E. Act - Auditing for Compliance;
Patricia Cashman

September 22
FinCEN's Beneficial Owners Proposal: What It Can Mean for You;
Sonja Kriegsmann and John Burnett

September 23
Bankruptcy 101;
Sam Ott

September 24
Using CPTED to Make Our Banks Safer;
Dana Turner and Carol Dodgen



Topic Options
#1457086 - 10/19/10 07:26 PM Flood Certificate - Life of Loan or.....
jlroberts Offline
Diamond Poster

Registered: 09/07/09
Posts: 1402
Loc: Ohio
FEMA requires we determine the need for flood insurance when we make, extend or renew a loan but I am struggling with whether we need to get a new flood cert when we extend or modify a loan. We have the LOL Flood Cert but does that cover extensions and modifications or are we required to get a new determination. confused

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Lending Compliance
#1457088 - 10/19/10 07:29 PM Re: Flood Certificate - Life of Loan or..... [Re: jlroberts]
sewanee, CRCM Offline
Gold Star

Registered: 12/07/06
Posts: 405
Loc: TN
I would first suggest checking with your flood determination company to see whether using the LOL coverage on an extension or modification would invalidate any agreements with them.
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____________________________________
Keep Calm and Carry On
CRCM

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#1457139 - 10/20/10 08:53 AM Re: Flood Certificate - Life of Loan or..... [Re: sewanee, CRCM]
Dan Persfull Offline
10K Club

Registered: 08/28/02
Posts: 40644
Loc: Bloomington, IN
As Sewanee suggests check your contract for their requirements on a the re-use of the determination, however under the Law regardless whether you have LOL monitoring or not if there has been a map change or the determination is 7 years old or older you must obtain a new determination when you M.I.R.E. a loan.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1457439 - 10/20/10 01:59 PM Re: Flood Certificate - Life of Loan or..... [Re: Dan Persfull]
illiniyak Online
100 Club

Registered: 01/25/08
Posts: 231
Just to clarify Dan (I think I confused myself over your statment):

We use LOL monitoring on every determination we pull, regardless of if its in a SFHA or not. Our area has just had all of its maps updated. So my question is: do we need to be pulling new flood determinations on ALL of our files at time of renewal since we know that the maps were updated (regarldless of if they were previously in a SFHA or not and regardless of the age of the det. ie: less 7 years)?

What good is the LOL monitoring if we have to monitor for map revisions ourselves and pull new determinations?


Edited by illiniyak (10/20/10 02:00 PM)

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#1457469 - 10/20/10 02:19 PM Re: Flood Certificate - Life of Loan or..... [Re: illiniyak]
Dan Persfull Offline
10K Club

Registered: 08/28/02
Posts: 40644
Loc: Bloomington, IN
LOL monitoring is to notify you when the property moves from not being in SFHA to being in one or vice versa. Depending on your vendor they may or may not notify you of a map change if it doesn't affect the status of the property.

If you sell to Fannie or Freddie and retain servicing you are required to have LOL monitoring. But it is not a regulatory requirement.

A map revision does trigger a new determination regardless is the determination is less than 7 yrs old.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1457495 - 10/20/10 02:41 PM Re: Flood Certificate - Life of Loan or..... [Re: Dan Persfull]
illiniyak Online
100 Club

Registered: 01/25/08
Posts: 231
It is our vendors responsibility (guarantee) to notify us when a property moves from not being in SFHA to being in one or vice versa (a map change/revision is the only way that could happen though right?)

But if I'm understanding your correctly you are saying that even if you know the property is nowhere near the flood zone on that county map, since the map was revised, we need to pull all new determinations. Correct?

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#1457556 - 10/20/10 03:29 PM Re: Flood Certificate - Life of Loan or..... [Re: illiniyak]
Dan Persfull Offline
10K Club

Registered: 08/28/02
Posts: 40644
Loc: Bloomington, IN
Because a map has been revised does not necessarily mean the property's status has been affected by the revision.

Again check your contract. Yes they must notify you of a status change in the property, but if there is no status change they may have no responsibility at all to notify you of a map change.

But either way it's your responsibility and a defense of we didn't know the maps changed because our vendor didn't notify us will not hold water.

If you M I R or E a designated loan then you are required to get a new determination if it is 7 years old or older, there has been a map change or if for some reason the determination is not on the SFHDF.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1457568 - 10/20/10 03:50 PM Re: Flood Certificate - Life of Loan or..... [Re: Dan Persfull]
RR Joker Offline
10K Club

Registered: 11/15/02
Posts: 16327
Loc: The Swamp
FWIW, I agree with what all Dan has said...in addition, realize that your vendor can be very late in sending notification to you when a property is now in a zone...

All LOL means to me is, is that as long as that loan just sits on the books performing? I don't worry about it. If something is done with that loan? There is going to be some action on my part regarding flood...at a minimum verifying whether or not the map has changed...further action as necessary if that answer is yes.
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My opinion only. Not legal advice.

You will never see what's inside of me - Five Finger Death Punch

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#1457589 - 10/20/10 04:09 PM Re: Flood Certificate - Life of Loan or..... [Re: RR Joker]
illiniyak Online
100 Club

Registered: 01/25/08
Posts: 231
Ok, I understand. Thank you. I guess I just wasn't liking what I was hearing since it will mean we will have to pull A LOT of new determinations.

We are a bank that only does balloon loans for mortgages....lots of M I R E happening. Just means job security right?

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#1457598 - 10/20/10 04:20 PM Re: Flood Certificate - Life of Loan or..... [Re: illiniyak]
RR Joker Offline
10K Club

Registered: 11/15/02
Posts: 16327
Loc: The Swamp
Don't feel alone, illiniyak...we do too! wink
_________________________
My opinion only. Not legal advice.

You will never see what's inside of me - Five Finger Death Punch

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#1457688 - 10/20/10 06:42 PM Re: Flood Certificate - Life of Loan or..... [Re: RR Joker]
Moman Online
Gold Star

Registered: 07/13/04
Posts: 294
Loc: WA
Years ago we decided that if we breathed (or at least MIREd) on a loan with improved RE, we'd pull a new determination. Safest way to go,and they are not that expensive to pull. The way to success in compliance is to standardize as much as possible for staff so they don't have to think. If you give them the option of pulling flood or not, you increase the likelihood that some will slip through the cracks.

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#1457734 - 10/21/10 08:18 AM Re: Flood Certificate - Life of Loan or..... [Re: Moman]
Dolly Nugent Offline
Diamond Poster

Registered: 11/02/00
Posts: 1808
Loc: Southern California
RR Joker is correct. It may take your vendor a while to notify you of a change. Check your contract to see how much time they have to notify you. They may have up to 60 days (or more). It may be safer to pull a new determination if you are aware of changes in the area where the property is located.

As Moman says - determinations are cheap.
_________________________
Dolly Nugent
CRCM
Opinions expressed are my own.

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#1457808 - 10/21/10 09:54 AM Re: Flood Certificate - Life of Loan or..... [Re: Dolly Nugent]
Whatup Offline
Gold Star

Registered: 02/21/03
Posts: 379
jlr -

Check with your vendor regarding "re-certification" of the LOL certification. Our contract includes unlimited recerts at no charge.

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#1457941 - 10/21/10 12:22 PM Re: Flood Certificate - Life of Loan or..... [Re: Whatup]
upstateNY Offline
Platinum Poster

Registered: 04/24/03
Posts: 933
Loc: New York State
Originally Posted By: Whatup
jlr -

Check with your vendor regarding "re-certification" of the LOL certification. Our contract includes unlimited recerts at no charge.


LOL means for the life of that loan. Our vendor tracks by loan number. Therefore, anytime we have an event that results in a new loan number, we do a "related loan" request that then ties LOL coverage to the new loan number.

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#1476522 - 12/06/10 02:12 PM Re: Flood Certificate - Life of Loan or..... [Re: RR Joker]
Tillie Offline
Gold Star

Registered: 04/29/03
Posts: 262
When I know a map has been revised and we are doing something with the loan and we do not have an updated determination form reflecting the new map, I just contact our flood determination company. Since we have LOL coverage, they will send us an updated determination at no cost.

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