[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)] [Rules and Regulations] [Pages 5530-5534] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-2902] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900-AH63 Loan Guaranty: Flood Insurance Requirements AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) is amending its loan guaranty regulations regarding loans in areas having special flood hazards. This action is required by statute to implement the provisions of the National Flood Insurance Reform Act of 1994, Title V of Public Law 103-325. VA is amending its regulations to strengthen requirements for procuring and maintaining flood insurance on properties in areas having special flood hazards which secure loans guaranteed by VA, and to include new requirements for VA as a ``Federal agency lender.'' The new requirements include escrow requirements for flood insurance premiums, the requirement to ``force place'' flood insurance under certain circumstances, enhanced flood hazard notice requirements, new authority for VA to charge fees for determining whether a property is located in a special flood hazard area, and various other provisions necessary to implement the National Flood Insurance Reform Act of 1994. EFFECTIVE DATE: This final rule is effective February 6, 1997. FOR FURTHER INFORMATION CONTACT: Ms. Judith Caden, Assistant Director for Loan Policy (264), Loan Guaranty Service, Veterans Benefits Administration, Department of Veterans Affairs, Washington, DC 20420, (202) 273-7368. SUPPLEMENTARY INFORMATION: Title V of the Riegle Community Development and Regulatory Improvement Act of 1994, which is called the National Flood Insurance Reform Act of 1994 (Reform Act), comprehensively revised existing Federal flood insurance statutes. The Reform Act was intended to increase compliance with flood insurance requirements and participation in the National Flood Insurance Program in order to provide additional income to the National Flood Insurance Fund and to decrease the financial burden of flooding on the Federal government, taxpayers, and flood victims. The Reform Act requires the Federal entities for lending regulation to issue regulations fulfilling its statutory requirements, and Federal agency lenders to issue regulations consistent with and substantially identical to the regulations issued by the Federal entities for lending regulation. The Federal entities for lending regulation published a joint final rule on August 29, 1996. VA is amending its regulations in order to set forth the requirement of flood insurance coverage on properties located in special flood hazard areas which secure loans made or guaranteed by VA, and to fulfill the statutory requirement that VA issue regulations consistent with and substantially identical to the regulations issued by the Federal entities for lending regulation. Existing VA regulations regarding flood insurance requirements are based on several provisions of Title 42 U.S.C., Chapter 50, which were in place prior to the enactment of the Reform Act. 42 U.S.C. 4106(a) provides that no Federal agency shall approve any financial assistance (guarantee or make a loan) for acquisition or construction purposes on and after July 1, 1975, for use in any area that has been identified by the Director of the Federal Emergency Management Agency (FEMA) as an area having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. 42 U.S.C. 4012a(a) provides that no Federal agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Director of FEMA as having special flood hazards and in which the sale of flood insurance is available under the National Flood Insurance Act of 1968 unless the building or manufactured home and any personal property to which such financial assistance relates is covered by flood insurance. The Reform Act added 42 U.S.C. 4012a(b) which provides that regulated lending institutions and Federal agency lenders cannot make, increase, extend, or renew any loan secured by improved real estate or a manufactured home located or to be located in an area that has been identified by the Director of FEMA as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or manufactured home and any personal property securing such loan is covered by flood insurance. Further, lenders selling loans to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation must ensure that any loan secured by improved real estate or a manufactured home identified as being in a special flood hazard area at the time of origination or any time during the term of the loan is covered by flood insurance. One significant impact of the new provisions on VA is a greater emphasis on ensuring flood insurance coverage during the entire term of loans guaranteed or made by VA which require such insurance, taking into account any remapping of special flood hazard areas by FEMA. VA is amending 38 CFR 36.4222 regarding hazard insurance coverage for manufactured home loans guaranteed by VA, 38 CFR 36.4326 regarding hazard insurance coverage for other loans guaranteed by VA, and 38 CFR 36.4600(c)(3) regarding hazard insurance coverage for loans sold by VA subject to guaranty, by adding language to emphasize that the flood insurance requirement applies any time during the term of the loan that the security is located in a special flood hazard area, not just when the loan is made. VA is adding language to 38 CFR 36.4512(b) which provides that it cannot make, increase, extend, or renew any loan secured by improved real estate or a manufactured home located or to be located in a special flood hazard area unless the security is covered by flood insurance for the term of the loan. Under 42 U.S.C. 4106(a), Federal agencies are prohibited from providing financial assistance for acquisition or construction purposes for use in any area that has been identified by FEMA as an area having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. Although this is not a new provision of the law, VA is using this opportunity to ensure program participants are aware of the prohibition. VA is incorporating the prohibition into 38 CFR 36.4222, 36.4326, 36.4402 and 36.4512. In 38 CFR 36.4326 and 36.4402(a)(6), the reference to the Secretary of Housing and Urban Development is replaced by a reference to the FEMA. 38 CFR 36.4500(b) is amended to make the provisions of 38 CFR 36.4512 applicable to Native American veteran direct loans. Editorial changes are also made to 38 CFR 36.4512. The Reform Act requires that VA issue regulations consistent with and substantially identical to those issued [[Page 5531]] by the Federal entities for lending regulation. The regulations issued by the Federal entities for lending regulation restate the requirements of the law as applied to regulated lending institutions. VA is adding this language, as applied to its role as a Federal agency lender, to its regulations as sections 38 CFR 36.4700 through 36.4709. These regulations apply whenever VA makes, increases, extends or renews, and, in some cases, sells a loan secured by improved real estate or a manufactured home located in an area identified by FEMA as having special flood hazards. The regulations include the following requirements: VA will maintain the required amount of flood insurance for the term of the loan; VA will escrow for flood insurance premiums if it requires the escrow of taxes, insurance, or other charges; VA will use the standard flood hazard determination form prescribed by FEMA, retain a copy of each completed form, and may charge a fee for flood determinations under certain circumstances; VA will force placement of flood insurance under certain circumstances; VA will provide notice of special flood hazards and availability of Federal disaster relief assistance, in a specific written format, to the borrower and servicer of the loan, and retain a record of receipt of the notices by these parties; and VA will notify the Director of FEMA, or the Director's designee, of the identity of the servicer of the loan and of any change in the servicer. VA is omitting the references to table funding contained in the regulations issued by the Federal entities for lending regulation from its amendments because they are not applicable to its role as a Federal agency lender. The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601- 612. The final rule essentially restates statutory provisions and reflects statutory requirements. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. The Catalog of Federal Domestic Assistance Program numbers are 64.106, 64.114, 64.118, 64.119 and 64.126. List of Subjects in 38 CFR Part 36 Condominiums, Handicapped, Housing Loan programs--housing and community development, Manufactured homes, Veterans. Approved: January 24, 1997. Jesse Brown, Secretary of Veterans Affairs. For the reasons set out in the preamble, 38 CFR part 36 is amended as set forth below. PART 36--LOAN GUARANTY 1. An authority citation for part 36 is added to read as follows: Authority: 38 U.S.C. 501, 3701-3704, 3707, 3710-3714, 3719, 3720, 3729, 3762, unless otherwise noted. 2. In Sec. 36.4222, paragraph (a)(1) is revised to read as follows: Sec. 36.4222 Hazard insurance. (a) * * * (1) Flood insurance will be required on any manufactured home, building or personal property securing a loan at any time during the term of the loan that such security is located in an area identified by the Federal Emergency Management Agency as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act, as amended. The amount of flood insurance must be at least equal to the lesser of the outstanding principal balance of the loan or the maximum limit of coverage available for the particular type of property under the National Flood Insurance Act, as amended. The Secretary cannot guarantee a loan for the acquisition or construction of property located in an area identified by the Federal Emergency Management Agency as having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. (Authority: 42 U.S.C. 4012a, 4106(a)) * * * * * 3. Section 36.4326 is revised to read as follows: Sec. 36.4326 Hazard insurance. The holder shall require insurance policies to be procured and maintained in an amount sufficient to protect the security against the risks or hazards to which it may be subjected to the extent customary in the locality. All moneys received under such policies covering payment of insured losses shall be applied to restoration of the security or to the loan balance. Flood insurance will be required on any building or personal property securing a loan at any time during the term of the loan that such security is located in an area identified by the Federal Emergency Management Agency as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act, as amended. The amount of flood insurance must be at least equal to the lesser of the outstanding principal balance of the loan or the maximum limit of coverage available for the particular type of property under the National Flood Insurance Act, as amended. The Secretary cannot guarantee a loan for the acquisition or construction of property located in an area identified by the Federal Emergency Management Agency as having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. (Authority: 42 U.S.C. 4012a, 4106(a)) 4. In Sec. 36.4402, paragraph (a)(6) is revised to read as follows: Sec. 36.4402 Eligibility. (a) * * * (6) The housing unit, if it is located or becomes located in an area identified by the Federal Emergency Management Agency as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act, as amended, is or will be covered by flood insurance. The amount of flood insurance must be at least equal to the lesser of the full insurable value of the property or the maximum limit of coverage available for the particular type of property under the National Flood Insurance Act, as amended. The Secretary cannot approve any financial assistance for the acquisition or construction of property located in an area identified by the Federal Emergency Management Agency as having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. (Authority: 42 U.S.C. 4012a, 4106(a)) * * * * * 5. In Sec. 36.4500, paragraph (b) is revised to read as follows: Sec. 36.4500 Applicability. * * * * * (b) Sections 36.4501, 36.4512, and 36.4527, which concern direct loans to Native American veterans shall be applicable to loans made by the Secretary pursuant to 38 U.S.C. 3761 through 3764. (Authority: 42 U.S.C. 4012a) * * * * * 6. Section 36.4512 is revised to read as follows: Sec. 36.4512 Taxes and insurance. (a) In addition to the monthly installment payments of principal and [[Page 5532]] interest payable under the terms of the loan agreement, the borrower will be required to make payments monthly to the Secretary in such amounts as may be determined by the Secretary from time to time to be necessary for the purpose of accumulating funds sufficient for the payment of taxes and assessments, ground rents, insurance premiums, and similar levies or charges on the security property. The borrower at loan closing shall pay in cash to the Secretary such sum as it estimates may be necessary as the initial deposit to the borrower's tax and insurance reserve account. (Authority: 38 U.S.C. 3720) (b) The borrower shall procure and maintain insurance of a type or types and in such amounts as may be required by the Secretary to protect the security against fire and other hazards. The Secretary cannot make a loan for the acquisition or construction of property located in an area identified by the Federal Emergency Management Agency as having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. The Secretary shall not make, increase, extend, or renew a loan secured by a building or manufactured home that is located or to be located in an area identified by the Federal Emergency Management Agency as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act, as amended, unless the building or manufactured home and any personal property securing the loan is covered by flood insurance for the term of the loan. The amount of flood insurance must be at least equal to the lesser of the outstanding principal balance of the loan or the maximum limit of coverage available for the particular type of property under the National Flood Insurance Act, as amended. The requirements of 38 CFR 36.4700 through 36.4709 shall apply to direct loans made pursuant to 38 U.S.C. 3711 and 3761 through 3764. All hazard and flood insurance shall be carried with a company or companies satisfactory to the Secretary and the policies and renewals thereof shall be held in the possession of the Secretary and contain a mortgagee loss payable clause in favor of and in a form satisfactory to the Secretary. (Authority: 42 U.S.C. 4012a, 4106(a)) 7. In Sec. 36.4600, paragraph (c)(3) is revised to read as follows: Sec. 36.4600 Sale of loans, guarantee of payment. * * * * * (c) * * * (3) To maintain insurance in an amount sufficient to protect the security against risks or hazards to which it may be subjected to the extent customary in the locality, and to apply the proceeds of loss payments to the loan balance or the restoration of the security, as the holder may in the holder's discretion deem proper. Flood insurance will be required on any building or personal property securing a loan at any time during the term of the loan that such security is located in an area identified by the Federal Emergency Management Agency as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act, as amended. The amount of flood insurance must be at least equal to the lesser of the outstanding principal balance of the loan or the maximum limit of coverage available for the particular type of property under the National Flood Insurance Act, as amended. The notice requirements of 38 CFR 36.4709 shall apply to loans sold pursuant to this section. (Authority: 42 U.S.C. 4012a, 4104a) * * * * * 8. Sections 36.4700 through 36.4709 are added to read as follows: Sec. 36.4700 Authority, purpose, and scope. (a) Authority. Sections 36.4700 through 36.4709 of this part are issued pursuant to 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128. (b) Purpose. The purpose of sections 36.4700 through 36.4709 of this part is to implement the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4129). (c) Scope. Sections 36.4700 through 36.4709 of this part, except for Secs. 36.4705 and 36.4707, apply to loans secured by buildings or mobile homes located or to be located in areas determined by the Director of the Federal Emergency Management Agency to have special flood hazards. Sections 36.4705 and 36.4707 apply to loans secured by buildings or mobile homes, regardless of location. (Authority: 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128) Sec. 36.4701 Definitions. (a) Act means the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001-4129). (b) Secretary means the Secretary of Veterans Affairs. (c) Building means a walled and roofed structure, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, and a walled and roofed structure while in the course of construction, alteration, or repair. (d) Community means a State or a political subdivision of a State that has zoning and building code jurisdiction over a particular area having special flood hazards. (e) Designated loan means a loan secured by a building or mobile home that is located or to be located in a special flood hazard area in which flood insurance is available under the Act. (f) Director of FEMA means the Director of the Federal Emergency Management Agency. (g) Mobile home means a structure, transportable in one or more sections, that is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term mobile home does not include a recreational vehicle. For purposes of this part, the term mobile home means a mobile home on a permanent foundation. The term mobile home includes a manufactured home as that term is used in the NFIP. (h) NFIP means the National Flood Insurance Program authorized under the Act. (i) Residential improved real estate means real estate upon which a home or other residential building is located or to be located. (j) Servicer means the person responsible for: (1) Receiving any scheduled, periodic payments from a borrower under the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan; and (2) Making payments of principal and interest and any other payments from the amounts received from the borrower as may be required under the terms of the loan. (k) Special flood hazard area means the land in the flood plain within a community having at least a one percent chance of flooding in any given year, as designated by the Director of FEMA. (Authority: 42 U.S.C. 4012a, 4104a, 4104b, 4106 and 4128) Sec. 36.4702 Requirement to purchase flood insurance where available. In general. The Secretary shall not make, increase, extend, or renew any designated loan unless the building or mobile home and any personal property securing the loan is covered by flood insurance for the term of the loan. The amount of insurance must be at least [[Page 5533]] equal to the lesser of the outstanding principal balance of the designated loan or the maximum limit of coverage available for the particular type of property under the Act. Flood insurance coverage under the Act is limited to the overall value of the property securing the designated loan minus the value of the land on which the property is located. (Authority: 42 U.S.C. 4012a) Sec. 36.4703 Exemptions. The flood insurance requirement prescribed by 38 CFR 36.4702 does not apply with respect to: (a) Any State-owned property covered under a policy of self- insurance satisfactory to the Director of FEMA, who publishes and periodically revises the list of States falling within this exemption; or (b) Property securing any loan with an original principal balance of $5,000 or less and a repayment term of one year or less. (Authority: 42 U.S.C. 4012a(c)) Sec. 36.4704 Escrow requirement. If the Secretary requires the escrow of taxes, insurance premiums, fees, or any other charges for a loan secured by residential improved real estate or a mobile home that is made, increased, extended, or renewed on or after October 1, 1996, the Secretary shall also require the escrow of all premiums and fees for any flood insurance required under 38 CFR 36.4702. The Secretary, or a servicer acting on behalf of the Secretary, shall deposit the flood insurance premiums on behalf of the borrower in an escrow account. This escrow account will be subject to escrow requirements adopted pursuant to section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609) (RESPA), which generally limits the amount that may be maintained in escrow accounts for certain types of loans and requires escrow account statements for those accounts, only if the loan is otherwise subject to RESPA. Following receipt of a notice from the Director of FEMA or other provider of flood insurance that premiums are due, the Secretary, or a servicer acting on behalf of the Secretary, shall pay the amount owed to the insurance provider from the escrow account by the date when such premiums are due. (Authority: 42 U.S.C. 4012a(d)) Sec. 36.4705 Required use of standard flood hazard determination form. (a) Use of form. The Secretary shall use the standard flood hazard determination form developed by the Director of FEMA (as set forth in appendix A of 44 CFR part 65) when determining whether the building or mobile home offered as collateral security for a loan is or will be located in a special flood hazard area in which flood insurance is available under the Act. The standard flood hazard determination form may be used in a printed, computerized, or electronic manner. (b) Retention of form. The Secretary shall retain a copy of the completed standard flood hazard determination form, in either hard copy or electronic form, for the period of time the Secretary owns the loan. (Authority: 42 U.S.C. 4104b) Sec. 36.4706 Forced placement of flood insurance. If the Secretary, or a servicer acting on behalf of the Secretary, determines at any time during the term of a designated loan that the building or mobile home and any personal property securing the designated loan is not covered by flood insurance or is covered by flood insurance in an amount less than the amount required under 38 CFR 36.4702, then the Secretary or a servicer acting on behalf of the Secretary, shall notify the borrower that the borrower should obtain flood insurance, at the borrower's expense, in an amount at least equal to the amount required under 38 CFR 36.4702, for the remaining term of the loan. If the borrower fails to obtain flood insurance within 45 days after notification, then the Secretary or a servicer acting on behalf of the Secretary, shall purchase insurance on the borrower's behalf. The Secretary or a servicer acting on behalf of the Secretary, may charge the borrower for the cost of premiums and fees incurred in purchasing the insurance. (Authority: 42 U.S.C. 4012a(e)) Sec. 36.4707 Determination fees. (a) General. Notwithstanding any Federal or State law other than the Flood Disaster Protection Act of 1973 as amended (42 U.S.C. 4001- 4129), the Secretary, or a servicer acting on behalf of the Secretary, may charge a reasonable fee for determining whether the building or mobile home securing the loan is located or will be located in a special flood hazard area. A determination fee may also include, but is not limited to, a fee for life-of-loan monitoring. (b) Borrower fee. The determination fee authorized by paragraph (a) of this section may be charged to the borrower if the determination: (1) Is made in connection with a making, increasing, extending, or renewing of the loan that is initiated by the borrower; (2) Reflects the Director of FEMA's revision or updating of floodplain areas or flood-risk zones; (3) Reflects the Director of FEMA's publication of a notice or compendium that: (i) Affects the area in which the building or mobile home securing the loan is located; or (ii) By determination of the Director of FEMA, may reasonably require a determination whether the building or mobile home securing the loan is located in a special flood hazard area; or (4) Results in the purchase of flood insurance coverage by the Secretary or a servicer acting on behalf of the Secretary, on behalf of the borrower under 38 CFR 36.4706. (c) Purchaser or transferee fee. The determination fee authorized by paragraph (a) of this section may be charged to the purchaser or transferee of a loan in the case of the sale or transfer of the loan. (Authority: 42 U.S.C. 4012a(h)) Sec. 36.4708 Notice of special flood hazards and availability of Federal disaster relief assistance. (a) Notice requirement. When the Secretary makes, increases, extends, or renews a loan secured by a building or a mobile home located or to be located in a special flood hazard area, the Secretary shall mail or deliver a written notice to the borrower and to the servicer in all cases whether or not flood insurance is available under the Act for the collateral securing the loan. (b) Contents of notice. The written notice must include the following information: (1) A warning, in a form approved by the Director of FEMA, that the building or the mobile home is or will be located in a special flood hazard area; (2) A description of the flood insurance purchase requirements set forth in section 102(b) of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a(b)); (3) A statement, where applicable, that flood insurance coverage is available under the NFIP and may also be available from private insurers; and (4) A statement whether Federal disaster relief assistance may be available in the event of damage to the building or mobile home caused by flooding in a Federally declared disaster. (c) Timing of notice. The Secretary shall provide the notice required by paragraph (a) of this section to the [[Page 5534]] borrower within a reasonable time before the completion of the transaction, and to the servicer as promptly as practicable after the Secretary provides notice to the borrower and in any event no later than the time the Secretary provides other similar notices to the servicer concerning hazard insurance and taxes. Notice to the servicer may be made electronically or may take the form of a copy of the notice to the borrower. (d) Record of receipt. The Secretary shall retain a record of the receipt of the notices by the borrower and the servicer for the period of time the Secretary owns the loan. (e) Alternate method of notice. Instead of providing the notice to the borrower required by paragraph (a) of this section, the Secretary may obtain satisfactory written assurance from a seller or lessor that, within a reasonable time before the completion of the sale or lease transaction, the seller or lessor has provided such notice to the purchaser or lessee. The Secretary shall retain a record of the written assurance from the seller or lessor for the period of time the Secretary owns the loan. (f) Use of prescribed form of notice. The Secretary will be considered to be in compliance with the requirement for notice to the borrower of this section by providing written notice to the borrower containing the language presented in appendix A to this part within a reasonable time before the completion of the transaction. The notice presented in appendix A to this part satisfies the borrower notice requirements of the Act. (Authority: 42 U.S.C. 4104a) Sec. 36.4709 Notice of servicer's identity. (a) Notice requirement. When the Secretary makes, increases, extends, 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 Secretary 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 Secretary'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 Secretary 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. (Authority: 42 U.S.C. 4104a) 9. Appendix A to part 36 is added to read as follows: Appendix A to Part 36--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. (Authority: 42 U.S.C. 4104a) [FR Doc. 97-2902 Filed 2-5-97; 8:45 am] BILLING CODE 8320-01-P