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#2225542 - 11/13/19 05:28 PM Interesting Flood Issue
mdog76 Offline
Platinum Poster
Joined: Jan 2007
Posts: 645
We have an issue and not sure how to handle? Our flood determination came back with the property being in Zone A so its in a flood zone. A survey from 1984 shows the corner of the house just touching the boundary of the 100 yr flood zone. An updated survey has been performed and the surveyor is stating that the structure itself is out of the flood zone based on his measurements. Here come the good parts: according to the surveyor, a "study" of the property has never been done to establish a base flood elevation so we can't use that for support. Also, without a BFE established, we also can not use the rule of 3 ft above the highest adjacent grade because the house is set into a hillside. What would be the best course of action if our flood vendor ends up being unwilling to change the flood cert based on the survey. We have been told a LOMA would be denied due to the highest adjacent grade issue. I know in the end the bank has to do what is needed to protect itself and avoid a flood violation, but are there any options available?

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Flood Compliance
#2225545 - 11/13/19 05:59 PM Re: Interesting Flood Issue mdog76
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,637
Galveston, TX
A survey means nothing. They need an elevation certificate and a LOMA if the building touches the flood zone.

Or your vendor has to agree.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2225878 - 11/19/19 06:48 PM Re: Interesting Flood Issue mdog76
KwC Offline
Junior Member
Joined: Jul 2019
Posts: 37
I have a similar situation. Our flood determination shows it is in a SFHA, however, the insurance agent provided their flood determination saying it is outside the SFHA. I can see it is a close call looking at the maps on the FEMA website. Who is right and who is wrong in close call situations?

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#2225879 - 11/19/19 06:58 PM Re: Interesting Flood Issue mdog76
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,637
Galveston, TX
Not the agent - they are not providing you any indemnification for their determination. I would go back to your vendor and ask for a second review and documentation showing the property overlay to the flood map - most vendors are able to do that to support their determinations. If they still think it is out, then they can follow this procedure.

https://www.fema.gov/how-request-flood-hazard-determination-review-fema

They can do this before the loan closes or they can just buy the insurance now and if that comes back as not in a SFHA they will be eligible for a full refund.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2225933 - 11/20/19 02:15 PM Re: Interesting Flood Issue mdog76
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,629
In addition to what Randy said, if the agent still pushes back, show them this letter which basically says they are to use the more hazardous determination (yours): https://bsa.nfipstat.fema.gov/wyobull/2008/w-08021.pdf
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

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