Page 1 of 3

CA 20-7

May 6, 2020

TO THE OFFICERS AND MANAGERS IN CHARGE OF CONSUMER AFFAIRS 

SECTIONS:

Applicability: This letter is relevant to all state member banks supervised by the Federal 

Reserve.

SUBJECT: Flood Insurance Compliance in Response to the Coronavirus

On March 9, the Federal Reserve Board and the other federal financial institution 

regulatory agencies and state bank regulators issued a statement to encourage financial 

institutions to meet the financial services needs of their customers and members in areas affected 

by the coronavirus.1 Since that time, the Federal Reserve Board has received questions from 

state member banks regarding flood insurance compliance requirements during the national 

emergency due to the COVID-19 outbreak (COVID-19 emergency). This letter provides two 

flood insurance questions and answers to assist state member banks in their efforts to meet the 

financial needs of their customers.

Questions and Answers

Q1. If a bank works with its borrowers by extending maturities/payments or balloon payments 

due to the COVID-19 emergency, would the bank be required to make a new flood zone 

determination and provide new notices of special flood hazards for the extended loan?

A1. Under the federal flood statutes and the Federal Reserve’s implementing regulation, flood 

insurance requirements are generally triggered upon the making, increasing, renewing, or 

extending of any designated loan.2

 If a lender modifies a loan by extending the loan term, then 

this change is a triggering event, and flood insurance requirements would apply, provided no 

other existing exception to the requirements under the Federal Reserve’s regulation is applicable. 

Such requirements may include establishing escrow for flood insurance payments and fees, 

making a flood zone determination on the property securing the loan, or providing the notice of 

special flood hazards to the borrower. The federal flood statutes and the Federal Reserve’s 

implementing regulation do not provide for a waiver of these requirements in emergency 

situations. 

 1 Refer to the Board’s public website at: 

https://www.federalreserve.gov/newsevents/pressreleases/bcreg20200309a.htm . 2 42 USC 4012a(b)(1); 12 CFR 208.25(c)(1).
Page 2 of 3

However, consistent with the “Interagency Statement on Loan Modifications and Reporting for 

Financial Institutions Working with Customers Affected by the Coronavirus (Revised)”3 dated 

April 7, 2020, when exercising supervisory and enforcement responsibilities, the Federal Reserve

will take into account the unique circumstances impacting borrowers and institutions resulting 

from the COVID-19 emergency. The Federal Reserve will take into account an institution’s 

good-faith efforts demonstrably designed to support consumers and comply with the flood 

insurance requirements. The Federal Reserve expects that supervisory feedback for institutions 

will be focused on identifying issues, correcting deficiencies, and ensuring appropriate 

remediation to consumers. The Federal Reserve does not expect to take a public enforcement 

action against an institution, provided that the circumstances were related to the COVID-19 

emergency and that the institution made good faith efforts to support borrowers and comply with 

the flood insurance requirements, as well as responded to any needed corrective action.

Q2: How does FEMA Bulletin W-20002 affect the force placement requirement under the Flood 

Disaster Protection Act and the implementing regulation?

A2: On March 29, 2020, the Federal Emergency Management Agency (FEMA) announced in 

Bulletin W-20002 that the grace period to renew National Flood Insurance Program (NFIP) 

policies that expire between February 13, 2020 and June 15, 2020 (FEMA emergency period) 

has been extended from 30 days to 120 days due to the COVID-19 emergency.4

 Based on 

Bulletin W-20002, a borrower will be covered by the NFIP policy if the flood insurance 

premium is paid before the 120-day grace period expires. 

In accordance with the flood insurance force placement regulations, when a lender makes a 

determination that a designated loan is not covered by a sufficient amount of flood insurance, it 

must notify the borrower.5

 If the borrower does not provide evidence of sufficient coverage 

within 45 days after notification, the lender must force place flood insurance in an amount that 

will satisfy the regulatory requirements.6

 However, in light of Bulletin W-20002, for NFIP 

policies expiring during the FEMA emergency period: 

• A lender may provide the required notice to the borrower after determining the 

policy has expired with an indication that the NFIP grace period has been 

extended for 120 days. Lenders may inform borrowers that, in light of Bulletin 

W-20002, force placement will not occur until after the end of the 120-day period.

• Alternatively, a lender may provide the required notice to the borrower at least 45 

days before the end of the 120-day grace period. 

 3 Refer to the Board’s public web site at: 

https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20200407a1.pdf . 4 See Memo to WYO Companies and NFIP Direct, Extension of the Grace Period for Payment of National Flood Insurance 

Program (NFIP) Premiums Due to COVID-19 Pandemic (March, 28, 2020), available here: 

https://nfipservices.floodsmart.gov/sites/default/files/w-20002.pdf; and https://www.fema.gov/news-release/2020/03/29/femaextends-grace-period-flood-insurance-renewal-premiums. 5 42 USC 4012a(e)(1); 12 CFR 208.25(g)(1).

6 42 USC 4012a(e)(2); 12 CFR 208.25(g)(1).
Page 3 of 3

• For either alternative, the lender must force place flood insurance on the 

borrower’s behalf if the borrower does not pay the premium by the end of the 

120-day grace period.

• Consistent with the “Interagency Statement on Loan Modifications and Reporting 

for Financial Institutions Working with Customers Affected by the Coronavirus 

(Revised)”7 dated April 7, the Federal Reserve does not expect to take 

supervisory or enforcement action against the lender for violating the flood 

insurance force placement requirements, provided that the circumstances were 

related to the COVID-19 national emergency, and that the lender has made good 

faith efforts to support borrowers and comply with the flood insurance 

requirements, as well as responded to any needed corrective action.

• Lenders should be aware that if they force place flood insurance for NFIP policies 

that expire during the FEMA emergency period prior to the expiration of the 120-

day grace period and the borrower pays the premium by the end of the 120-day 

grace period, consistent with the flood insurance regulatory requirements, the 

lender would be required to refund the borrower for any overlapping flood 

insurance coverage.8 

Reserve Banks are asked to distribute this letter to the Federal Reserve-supervised state 

member banks in their districts, as well as to their supervisory and examination staff. If state 

member banks have questions about the guidance set forth in this letter, they are encouraged to 

contact the responsible Federal Reserve Bank. In addition, questions may be sent via the 

Board’s public website.9

Sincerely, 

Suzanne Killian

Senior Associate Director

 7 Refer to the Board’s public website at: 

https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20200407a1.pdf . 8 42 USC 4012a(e)(3); 12 CFR 208.25(g)(2).

9 http://www.federalreserve.gov/apps/contactus/feedback.aspx