[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR614.4960]



[Page 145-146]

 

                       TITLE 12--BANKS AND BANKING

 

                 CHAPTER VI--FARM CREDIT ADMINISTRATION

 

PART 614_LOAN POLICIES AND OPERATIONS--Table of Contents

 

                 Subpart S_Flood Insurance Requirements

 

Sec. 614.4960  Notice of servicer's identity.



    (a) Notice requirement. When a System institution makes, increases, 

extends,



[[Page 146]]



renews, sells, or transfers a loan secured by a building or mobile home 

located or to be located in a special flood hazard area, the institution 

shall notify the Director of FEMA (or the Director's designee) in 

writing of the identity of the servicer of the loan. The Director of 

FEMA has designated the insurance provider to receive the institution's 

notice of the servicer's identity. This notice may be provided 

electronically if electronic transmission is satisfactory to the 

Director of FEMA's designee.

    (b) Transfer of servicing rights. The institution shall notify the 

Director of FEMA (or the Director's designee) of any change in the 

servicer of a loan described in paragraph (a) of this section within 60 

days after the effective date of the change. This notice may be provided 

electronically if electronic transmission is satisfactory to the 

Director of FEMA's designee. Upon any change in the servicing of a loan 

described in paragraph (a) of this section, the duty to provide notice 

under this paragraph (b) shall transfer to the transferee servicer.



 Appendix A to Subpart S of Part 614--Sample Form of Notice of Special 

  Flood Hazards and Availability of Federal Disaster Relief Assistance



    We are giving you this notice to inform you that:

    The building or mobile home securing the loan for which you have 

applied is or will be located in an area with special flood hazards.

    The area has been identified by the Director of the Federal 

Emergency Management Agency (FEMA) as a special flood hazard area using 

FEMA's Flood Insurance Rate Map or the Flood Hazard Boundary Map for the 

following community: ----------------. This area has at least a one 

percent (1%) chance of a flood equal to or exceeding the base flood 

elevation (a 100-year flood) in any given year. During the life of a 30-

year mortgage loan, the risk of a 100-year flood in a special flood 

hazard area is 26 percent (26%).

    Federal law allows a lender and borrower jointly to request the 

Director of FEMA to review the determination of whether the property 

securing the loan is located in a special flood hazard area. If you 

would like to make such a request, please contact us for further 

information.

    ------ The community in which the property securing the loan is 

located participates in the National Flood Insurance Program (NFIP). 

Federal law will not allow us to make you the loan that you have applied 

for if you do not purchase flood insurance. The flood insurance must be 

maintained for the life of the loan. If you fail to purchase or renew 

flood insurance on the property, Federal law authorizes and requires us 

to purchase the flood insurance for you at your expense.

     Flood insurance coverage under the NFIP may be 

purchased through an insurance agent who will obtain the policy either 

directly through the NFIP or through an insurance company that 

participates in the NFIP. Flood insurance also may be available from 

private insurers that do not participate in the NFIP.

     At a minimum, flood insurance purchased must 

cover the lesser of:

    (1) The outstanding principal balance of the loan; or

    (2) The maximum amount of coverage allowed for the type of property 

under the NFIP.

    Flood insurance coverage under the NFIP is limited to the overall 

value of the property securing the loan minus the value of the land on 

which the property is located.

     Federal disaster relief assistance (usually in 

the form of a low-interest loan) may be available for damages incurred 

in excess of your flood insurance if your community's participation in 

the NFIP is in accordance with NFIP requirements.

    ------ Flood insurance coverage under the NFIP is not available for 

the property securing the loan because the community in which the 

property is located does not participate in the NFIP. In addition, if 

the non-participating community has been identified for at least one 

year as containing a special flood hazard area, properties located in 

the community will not be eligible for Federal disaster relief 

assistance in the event of a Federally-declared flood disaster.