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#290022 - 12/16/04 06:35 PM Flood Coverage
Anonymous
Unregistered

Am I dreaming or did I once hear that if the value of the building is less than the deductable for flood insurance, you didn't have to insure the building? I cannot find this in the book so am assuming I am crazy. Too much holiday shopping on the brain today!

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Lending Compliance
#290023 - 12/16/04 06:50 PM Re: Flood Coverage
Beagles22 Offline
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State of confusion
IMHO you have been doing too much shopping. It doesn't matter what the value is, except to determine the amount of the coverage.
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#290024 - 12/16/04 07:46 PM Re: Flood Coverage
Anonymous
Unregistered

Are you thinking of #2 below?

Exemptions
The flood insurance requirement does not apply with respect to:

1. Any State-owned property covered under a policy of self-insurance satisfactory to the Director of FEMA; or
2. Property securing any loan with an original principal balance of $5,000 or less and a repayment term of one year or less. For the purpose of this exemption, "original" balance is the face amount of the current promissory note even though it may be a refinance of another loan that did not qualify for this exemption.

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#290025 - 12/16/04 07:47 PM Re: Flood Coverage
Anonymous
Unregistered

That's what I thought. I started to question myself after telling a lender he needed flood insurance on a $1500 shed he financed on some bare ground. When he asked me what the standard deductable was I told him $1000 & had to agree it was unfortunate we had to require the coverage. I told him to bulldoze it! Now, back to my shopping....

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#290026 - 12/16/04 09:33 PM Re: Flood Coverage
Anonymous
Unregistered

Just to make sure you understand my response...
There is a 2 fold part to #2, it must be under $5M and it must have a repayment term of < 1 year.

Isn't flood fun?

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#290027 - 07/06/05 06:59 PM Re: Flood Coverage
RebekahL CRCM Offline
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RebekahL CRCM
Joined: Feb 2003
Posts: 883
Big Sky Country
OK, so what if a loan was originally for more than $5,000, but has been paid down to under $5,000 now, with less than a year left to the maturity date. Can coverage be dropped?
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#290028 - 07/06/05 10:44 PM Re: Flood Coverage
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,765
Central City, NE
Quote:

OK, so what if a loan was originally for more than $5,000, but has been paid down to under $5,000 now, with less than a year left to the maturity date. Can coverage be dropped?



I wrote to FEMA with this same question in the late 90's. I received a phone reply (so I have no written proof to show you). FEMA said that the "small loan" exemption did NOT apply and that the bank needed to ensure that flood insurance was maintained. When I explained that the borrower had a $5,000 deductible, they told me that the deductible had to be reduced so that insurance was still maintained.

Seems silly. The easiest answer is to tell the borrower to pay the loan off.

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#290029 - 07/07/05 02:10 PM Re: Flood Coverage
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,886
Bloomington, IN
Quote:

Seems silly. The easiest answer is to tell the borrower to pay the loan off.




Or refinance it for a term under one year.

FWIW, I agree with the answer David got. The exemption is for a loan made in an amount of $5,000 or less with a term under one year. The loan you describe is not a loan made for $5,000 or less with a term under one year. It is merely the remaining term on the original loan and flood insurance must be maintained for the life of a covered loan.

Also note that the term is not one year or less. It must be under one year.

From page 29 of the MPFIG:

The small loan exception of the 1994 Reform Act only applies if the original principal balance is $5,000 or less, and under a repayment term of 1 year.
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#290030 - 07/08/05 05:40 PM Re: Flood Coverage
RebekahL CRCM Offline
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RebekahL CRCM
Joined: Feb 2003
Posts: 883
Big Sky Country
Thanks guys! I suspected the same. I appreciate the help!
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#290031 - 07/08/05 07:18 PM Re: Flood Coverage
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,886
Bloomington, IN
In searching for something else - in order to converse nicely with my examiners about - I ran across the following on page 40, which is worded different than page 29.

(2) Small Loan
Section 4012a(c)(2) provides an exemption from the mandatory purchase requirements for any loan made with an original outstanding principal balance of $5,000 or less, and with a repayment term of 1 year or less. The dual criteria must be met in order for this exemption to apply. There is no exemption for home equity or second mortgage loans unless they meet these exceptions.


I just wanted to throw this out, because it does appear as long as the term is 1 year or less you are compliant.
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