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Flood Disaster Protection Act 

The National Flood Insurance Program (NFIP) is administered primarily under the National 

Flood Insurance Act of 1968 (1968 Act) and the Flood Disaster Protection Act of 1973 

(FDPA).1The 1968 Act made federally subsidized flood insurance available to owners of 

improved real estate or mobile homes located in special flood hazard areas (SFHA) if their 

community participates in the NFIP. The NFIP, administered by a department of the Federal 

Emergency Management Agency (FEMA) known as the Federal Insurance and Mitigation 

Administration (FIMA), makes federally backed flood insurance available to consumers through 

NFIP Direct Program agents who deal directly with FEMA or through the Write Your Own 

Program (WYO), which allows consumers to purchase federal flood insurance from private 

insurance carriers. The NFIP aims to reduce the impact of flooding by providing affordable 

insurance to property owners and by encouraging communities to adopt and enforce floodplain 

management regulations. The FDPA requires federal financial regulatory agencies to adopt 

regulations prohibiting their regulated lending institutions from making, increasing, extending or 

renewing a loan secured by improved real estate or a mobile home located or to be located in an 

SFHA in a community participating in the NFIP unless the property securing the loan is covered 

by flood insurance. Flood insurance may be provided through the NFIP or through a private 

insurance carrier. 

Title V of the Riegle Community Development and Regulatory Improvement Act of 1994,2 

which is called the National Flood Insurance Reform Act of 1994 (1994 Act), comprehensively 

revised the Federal flood insurance statutes. The purpose of the 1994 Act was to increase 

compliance with flood insurance requirements and participation in the NFIP 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.

3 The 1994 Act required the 

federal financial regulatory agencies, the Board of Governors of the Federal Reserve System 

(FRB); the Federal Deposit Insurance Corporation (FDIC); the National Credit Union 

Administration (NCUA); and the Office of the Comptroller of the Currency (OCC) to revise their 

current flood insurance regulations and brought lenders regulated by the Farm Credit 

Administration (FCA) under the coverage of the Federal flood insurance statutes. The federal 

financial regulatory agencies and the FCA (collectively, the Agencies) jointly issued regulations 

on August 29, 1996 (61 FR 45684).4 

The 1994 Act also made the flood insurance requirements directly applicable to the loans 

purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home 

Loan Mortgage Corporation (Freddie Mac) and to agencies that provide government insurance or 

1 These statutes are codified at 42 USC §4001-4129. FEMA administers the NFIP; its regulations implementing the 

NFIP appear at 44 CFR Parts 59-80. 

2 Pub. L.103-325, Title V, 108 Stat. 2160, 2255-87 (September 23, 1994). 

3 H.R. Conf. Rep. No. 652, 103d Cong. 2d Sess. 195 (1994). (Conference Report). 

4

Agency regulations are codified at 12 CFR 22 (OCC); 12 CFR 208 (FRB); 12 CFR 339 (FDIC); 12 CFR 614 

(FCA); 12 CFR 760 (NCUA). 

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guarantees such as the Small Business Administration (SBA), Federal Housing Administration 

(FHA), and the Department of Veterans Affairs (VA). 

The mandatory flood insurance purchase requirements of the FDPA were again significantly 

amended with the passage of the Biggert-Waters Flood Insurance Reform Act of 2012 (BiggertWaters Act) and the Homeowner Flood Insurance Affordability Act of 2014 (HFIAA). These 

statutes made changes to the provisions pertaining to force placement of flood insurance; 

escrowing of flood insurance premiums and fees; exemptions to the mandatory flood insurance 

purchase requirement; and civil money penalties. Moreover, a new provision mandating the 

acceptance of a private flood insurance policy meeting certain criteria as satisfaction of the 

mandatory purchase requirement was added to the FDPA. The Agencies jointly issued rules 

addressing force placement, escrow, and the exemption to the mandatory purchase requirement 

for detached structures on July 21, 2015 (80 FR 43215). The Agencies jointly issued rules 

implementing the private flood insurance provisions of the Biggert-Waters Act on February 20, 

2019 (84 FR 4953). 

Objectives of the FDPA: 

• Provide flood insurance to owners of improved real estate located in SFHAs of 

communities participating in the NFIP. 

• Require communities to enact measures designed to reduce or avoid future flood losses as 

a condition for making federally subsidized flood insurance available. 

• Require federal financial regulatory agencies to adopt regulations prohibiting their 

regulated lending institutions from making, increasing, extending, or renewing a loan 

secured by improved real estate or a mobile home located or to be located in an SFHA of 

a community participating in the NFIP, unless the property securing the loan is covered 

by flood insurance. 

• Require federal agencies, such as the FHA, SBA and the VA not to subsidize, insure, or 

guarantee any loan if the property securing the loan is in an SFHA of a community not 

participating in the NFIP. 

Structures Eligible for Flood Insurance Under the NFIP 

The NFIP covers improved real property or mobile homes located or to be located in an area 

identified by FEMA as having special flood hazards. Generally, each insurable structure 

requires a separate insurance policy. The following types of structures are eligible for coverage: 

• Residential, industrial, commercial, and agricultural buildings that are walled and roofed 

structures that are principally above ground. 

• Buildings under construction where a development loan is made to construct insurable 

improvements on the land. Insurance can be purchased to keep pace with the new 

construction. 

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• Mobile homes that are affixed to a permanent site, including mobile homes that are part 

of a dealer’s inventory and affixed to permanent foundations. 

• Condominiums. 

• Co-operative buildings. 

• Flood insurance coverage is also available for personal property and other insurable 

contents contained in real property or mobile homes located in SFHAs. The property 

must be insured in order for the contents to be eligible. 

Structures Not Eligible for Flood Insurance Under the NFIP 

• Unimproved land, bridges, dams, and roads. 

• Mobile homes not affixed to a permanent site. 

• Travel trailers and campers. 

• Converted buses or vans. 

• Buildings entirely in, on, or over water into which boats are floated. 

• Buildings newly constructed or substantially improved on or after October 1, 1983, in an 

area designated as an undeveloped coastal barrier with the Coastal Barrier Resource 

System established by the Coastal Barrier Resources Act (Public Law 97-348). 

Flood Insurance Requirements for Lending Institutions 

Basic Requirement 

Flood insurance, either issued through the NFIP or from a private insurance provider, is required 

for the term of the loan on buildings or mobile homes when an institution makes, increases, 

extends or renews a designated loan, meaning all three of the following factors are present: 

• The loan (commercial or consumer) is secured by improved real estate or a mobile home 

that is affixed to a permanent foundation (security property); 

• The property securing the loan is located or will be located in an SFHA as identified by 

FEMA; and 

• The community in which the property is located participates in the NFIP. 

The FDPA provides that a regulated lending institution may not make, increase, extend, or renew 

any loan secured by improved real property that is located in an SFHA unless the improved real 

property is covered by the minimum amount of flood insurance required by statute. This 

includes situations where a security interest in improved real property is taken only “out of an 

abundance of caution.” 

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Nonparticipating Communities 

Although a lender may make, increase, extend, or renew a loan in a nonparticipating community, 

a lender is still required to determine whether the security property is located in an SFHA and if 

so, to notify the borrower. The lender must also notify the borrower that flood insurance 

coverage under the NFIP is not available because the community does not participate in the 

NFIP. If the nonparticipating community has been identified for at least one year as containing 

an SFHA, properties located in the community will not be eligible for federal disaster relief 

assistance in the event of a federally declared disaster. 

Because of the lack of NFIP flood insurance coverage and limited federal disaster assistance 

available, a lender should carefully evaluate the risk involved in making such a loan. A lender 

making a loan in a nonparticipating community may want to require the purchase of private 

flood insurance, if available. Also, a lender with significant lending in nonparticipating 

communities should establish procedures to ensure that such loans do not constitute an 

unacceptably large portion of the financial institution’s loan portfolio. 

Federal agency lenders such as the FHA, the SBA and the VA will not subsidize, insure or 

guarantee any loan if the property securing the loan is in a SFHA of a community not 

participating in the NFIP. In addition, Freddie Mac and Fannie Mae will not purchase mortgages 

secured by improved properties located in SFHAs in nonparticipating communities. 

Special Situation—Table Funded Loans 

In the typical table funding situation, the party providing the funding reviews and approves the 

credit standing of the borrower and issues a commitment to the broker or dealer to purchase the 

loan at the time the loan is originated. Frequently, all loan documentation and other statutorily 

mandated notices are supplied by the party providing the funding, rather than the broker or 

dealer. The funding party provides the original funding “at the table” when the broker or dealer 

and the borrower close the loan. Concurrent with the loan closing, the funding party acquires the 

loan from the broker or dealer. 

For flood hazard determination purposes, the substance of the table funded transaction should 

control and the typical table funded transaction should be considered a loan made, rather than 

purchased, by the entity that actually supplies the funds. Regulated institutions that provide table 

funding to close loans originated by a mortgage broker or mobile home dealer will be considered 

to be “making” a loan for purposes of the flood insurance requirements. 

Treating table funded loans as loans made by the funding entity need not result in duplication of 

flood hazard determinations and borrower notices. The funding entity may delegate to the 

broker or dealer originating the transaction the responsibility for fulfilling the flood insurance 

requirements or may otherwise divide the responsibilities with the broker or dealer. 

Exemptions to the Purchase Requirement 

The flood insurance purchase requirement does not apply to the following three loan situations: 

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• Loans on state-owned property covered under an adequate policy of self-insurance 

satisfactory to the Administrator of FEMA. The Administrator will periodically publish a 

list of state property falling within this exemption. 

• Loans with an original principal balance of $5,000 or less, and having an original 

repayment term of one year or less. 

• Any structure that is a part of any residential property but is detached from the primary 

residential structure of such property and does not serve as a residence. 

 A structure that is part of a residential property is a structure used primarily for 

personal, family, or household purposes, and not used primarily for agricultural, 

commercial, industrial, or other business purposes. It is detached from the primary 

residential structure if it is not joined by any structural connection to that structure. 

 Whether a structure serves as a residence is based on the institution’s good faith 

determination that the structure is intended for residential use or actually used as a 

residence, which generally includes sleeping, bathroom, or kitchen facilities, but not 

necessarily all three. 

Amount of Flood Insurance Required 

The minimum amount of flood insurance required must be at least equal to the lesser of the 

outstanding principal balance of the loan, the maximum amount available under the NFIP for the 

type of structure, or the insurable value of the property. Flood insurance coverage under the 

NFIP is limited to the building or mobile home and any personal property that secures the loan 

and not the land itself. 

The limits of coverage for flood policies are: 

• $250,000 for residential property structures and $100,000 for personal contents. 

• $500,000 for non-residential structures and $500,000 for contents. 

• $500,000 for non-condominium residential buildings of five units or greater and 

$100,000 for personal contents.5 

Acceptance of Private Insurance Policies 

A regulated lending institution is required to accept a private insurance policy to satisfy the flood 

insurance purchase requirement if the policy meets the definition of “private flood insurance” as 

set forth in the regulation (mandatory acceptance). 

A regulated lending institution may choose to accept certain flood insurance policies that do not 

meet the definition of “private flood insurance” set forth in the regulation if the policy meets 

certain criteria (discretionary acceptance). A regulated lending institution may also exercise its 

5 This amount was increased from $250,000 to $500,000 as of June 1, 2014. 

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discretion to accept certain plans providing flood coverage issued by “mutual aid societies” 

provided that certain criteria are met. 

Mandatory Acceptance 

• Under the regulation, “private flood insurance” means an insurance policy that: is issued 

by an insurance company that is licensed, admitted or otherwise approved to engage in 

the business of insurance by the insurance regulator of the State or jurisdiction in which 

the property to be insured is located, or 

• is recognized, or not disapproved as a surplus lines insurer by the insurance regulator of 

the State or jurisdiction in which the property to be insured is located in the case of a 

policy of difference in conditions, multiple peril, all risk, or other blanket coverage 

insuring nonresidential commercial property; 

• provides flood insurance coverage that is at least as broad as the coverage provided under 

the NFIP’s Standard Flood Insurance Policy (SFIP) for the same type of property, 

including when considering deductibles, exclusions and conditions offered by the insurer; 

to be at least as broad as the coverage provided under an SFIP, the policy must at a 

minimum: 

 define the term “flood” to include the events defined as “flood” in an SFIP; 

 contain the coverage specified in an SFIP, including that relating to building property 

coverage; personal property coverage; other coverages; and increased cost of 

compliance coverage; 

 contain deductibles no higher than the specified maximum, and include similar nonapplicability provisions, as under an SFIP, for any total policy coverage amount up to 

the maximum available under the NFIP at the time the policy is provided to the 

institution; 

 provide coverage for direct physical loss caused by a flood and may only exclude 

other causes of loss that are excluded in an SFIP. Any exclusions other than those in 

an SFIP may pertain only to coverage that is in addition to the amount and type of 

coverage that could be provided by an SFIP or have the effect of providing broader 

coverage to the policyholder; and 

 not contain conditions that narrow the coverage provided in an SFIP; 

● provides that the insurer will give written notice 45 days before cancellation or nonrenewal of flood insurance coverage to the insured and the regulated lending institution, 

or servicer acting on its behalf; 

• includes information about the availability of flood insurance coverage under the NFIP; 

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• includes a mortgage interest clause similar to the clause contained in an SFIP; includes a 

provision requiring an insured to file suit not later than one year after the date of a written 

denial of all or part of a claim under the policy; and 

• contains cancellation provisions that are as restrictive as the provisions in an SFIP. 

For purposes of the definition of “private flood insurance,” the SFIP is the policy that is in effect 

as of the date the private flood insurance policy is provided to the regulated lending institution. 

The SFIP is available on the FEMA website: https://www.fema.gov/national-flood-insuranceprogram/standard-flood-insurance-policy-forms. The regulation includes a compliance aid 

provision to help a regulated lending institution determine whether a flood insurance policy 

meets the definition of “private flood insurance” and must be accepted under the regulation. A 

regulated lending institution may determine that a policy meets the definition of “private flood 

insurance” without further review of the policy if the policy or an endorsement to the policy 

states: “This policy meets the definition of private flood insurance contained in 42 U.S.C. 

4012a(b)(7) and the corresponding regulation. ” 

Discretionary Acceptance 

Under the regulation, a regulated lending institution may, at its discretion, accept a flood 

insurance policy issued by a private insurer, even if the policy does not meet the statutory and 

regulatory definition of “private flood insurance” as set forth above. A regulated lending 

institution, may, at its discretion, accept a private flood insurance policy in satisfaction of the 

flood insurance purchase requirement if the policy: 

• provides coverage in the amount as required under the regulation; 

• is issued by an insurer that is licensed, admitted or otherwise approved to engage in the 

business of insurance by the insurance regulator of the State or jurisdiction in which the 

property to be insured is located; or in the case of a policy of difference in conditions, 

multiple peril, all risk or other blanket coverage insuring nonresidential commercial 

property, is issued by a surplus lines insurer recognized, or not disapproved by the 

insurance regulator of the State or jurisdiction where the property to be insured is located; 

• covers both the mortgagor(s) and the mortgagee(s) as loss payees, except in the case of a 

policy that is provided by a condominium association, cooperative, homeowners 

association, or other applicable group and for which the premium is paid by the 

condominium association, cooperative, homeowners association, or other applicable 

group as a common expense; and 

• provides sufficient protection of the designated loan, consistent with general safety and 

soundness principles, and the regulated lending institution documents its conclusion 

regarding sufficiency of the protection of the loan in writing. 

Some factors that a regulated lending institution could consider in determining whether a flood 

insurance policy provides sufficient protection of a loan include: 

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• whether the flood insurance policy’s deductibles are reasonable based on the borrower’s 

financial condition; 

• whether the insurer provides adequate notice of cancellation to the mortgagor and 

mortgagee to ensure timely force placement of flood insurance, if necessary; 

• whether the terms and conditions of the flood insurance policy with respect to payment 

per occurrence or per loss and aggregate limits are adequate to protect the regulated 

lending institution’s interest in the collateral; 

• whether the flood insurance policy complies with applicable State insurance laws; and 

• whether the private insurance company has the financial solvency, strength, and ability to 

satisfy claims. 

Plans Provided by Mutual Aid Societies 

The regulation defines a “mutual aid society” as an organization: (1) whose members share a 

common religious, charitable, educational, or fraternal bond; (2) that covers losses caused by 

damage to members’ property pursuant to an agreement, including damages caused by flooding, 

in accordance with this common bond; and (3) that has a demonstrated history of fulfilling the 

terms of agreements to cover losses to members’ property caused by flooding. A regulated 

lending institution may, at its discretion, accept a plan issued by a mutual aid society in 

satisfaction of the flood insurance purchase requirement, if the following criteria are met: 

• the regulated lending institution’s primary Federal supervisory agency has determined 

that such plans qualify as flood insurance for purposes of the Federal flood insurance 

statute; 

• the plan provides coverage in the amount required under the regulation; 

• the plan covers both the mortgagor(s) and the mortgagee(s) as loss payees; and 

• the plan provides sufficient protection of the designated loan, consistent with general 

safety and soundness principles, and the regulated lending institution documents its 

conclusion regarding sufficiency of the protection of the loan in writing. 

Waiting Period 

NFIP flood insurance policies that are not issued in conjunction with the making, increasing, 

extending or renewing of a loan have a 30-day waiting period. The congressional intent behind 

this requirement was to prevent the purchase of flood insurance (and any direct loss to the U.S. 

government) in times of imminent loss. However, if the initial purchase of flood insurance is 

made during the 13-month period following revision or update of a Flood Insurance Rate Map 

for the community, there is a one-day waiting period. 

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There is no waiting period when an additional amount of NFIP insurance is required in 

connection with the making, increasing, extending or renewing of a loan, such as a second 

mortgage, home equity loan, or refinancing. 

Special Situations—Second Mortgages/Home Equity Loans 

Both second mortgages and home equity loans are transactions that may be subject to the 

mandatory purchase requirements of the FDPA. Because only one NFIP flood insurance policy 

can be issued on a building, an institution should not request a new NFIP flood insurance policy 

if one already exists. Instead, the institution should have the borrower contact the insurance 

agent: 

• To inform the agent of the intention to obtain a loan involving a subordinate lien 

• To obtain verification of the existence of a flood insurance policy, and 

• To check whether the amount of insurance covers all loan amounts. 

After obtaining this information, the insurance agent should increase the amount of NFIP 

coverage if necessary and issue an endorsement that will reflect the institution as a lien holder. 

As an alternative, the borrower may also consider obtaining a private flood insurance policy in 

the proper amount. 

For loans with approved lines of credit to be used in the future, it may be difficult to calculate the 

amount of insurance for the loan since the borrower will be drawing down differing amounts on 

the line at different times. If there is no policy on the collateral, the borrower must, at a 

minimum, obtain a policy as a requirement for drawing on the line. As a matter of administrative 

convenience to ensure compliance with the requirements, an institution may take the following 

alternative approaches: 

• As part of its procedures, an institution should review its records periodically so that as 

draws are made against the line or repayments made to the account, the appropriate 

amount of insurance coverage can be maintained; or 

• Upon origination, require the purchase of flood insurance for the total amount of the line, 

the value of the improved property or the maximum amount of flood insurance coverage 

available, whichever is less. 

Special Situations—Condominium Policies 

FEMA’s condominium master policy is called a Residential Condominium Building Association 

Policy (RCBAP). The RCBAP covers both the common and individually owned building 

elements within the units, improvements within the units, and contents owned in common if 

contents coverage is purchased. The maximum amount of building flood insurance coverage that 

can be purchased under an RCBAP is either 100 percent of the replacement cost value of the 

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building, or the total number of units in the condominium building times $250,000, whichever is 

less. 

An institution must ensure that the minimum amount of flood insurance covering the 

condominium unit is the lesser of: 

• the outstanding principal balance of the loan, or 

• the maximum amount of insurance available under the NFIP which is the lesser of: 

o the maximum limit available for the residential condominium unit, or 

o the insurable value allocated to the residential condominium unit which is the 

replacement cost value of the condominium building divided by the number of units. 

Therefore, an institution must require a borrower whose loan is secured by a residential 

condominium unit to either: 

• Ensure the condominium owners association has purchased an RCBAP, or other flood 

insurance policy, covering either 100 percent of the replacement cost value of the 

building, or the total number of units in the condominium building times $250,000, 

whichever is less; or 

• Obtain a Dwelling Policy if the condominium owners association has not purchased flood 

insurance as described above or if that coverage is less than either 100 percent of the 

replacement cost value of the building or the total number of units in the condominium 

building times $250,000, whichever is less. The amount of coverage under a Dwelling 

Policy required to be purchased by the individual unit owner would be the difference 

between the condominium policy’s coverage allocated to that unit and the mandatory 

flood insurance purchase requirements discussed above. 

For instance, the maximum amount of coverage on a 50-unit condominium building would be 

$12,500,000 ($250,000 x 50). If the replacement cost value of the building was $10,000,000, the 

condominium association could purchase a policy of $10,000,000. This amount of insurance 

would meet the requirements of the regulations for any individual unit insurance requirement in 

the condominium. 

Non-residential condominium buildings are not eligible for coverage under the RCBAP. The 

NFIP offers a maximum amount of building coverage up to $500,000 for these buildings and 

$500,000 for commonly owned contents. Under the NFIP, the owner of a non-residential 

condominium unit within a non-residential condominium building may purchase only contents 

coverage for that unit. Building coverage may not be purchased in the name of the unit owner. 

The maximum allowable contents coverage for non-residential owners is $500,000. 

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Other Special Situations 

• Multiple Structures— Multiple structures that secure a loan located in an SFHA must 

each be covered by flood insurance, even though the value of one structure may be 

sufficient to cover the loan amount. Under the NFIP, FEMA generally requires one 

policy per building, but also permits borrowers to insure non-residential buildings using 

one policy with a schedule separately listing each building. This coverage alternative may 

be especially useful for loans secured by agricultural properties and improvements. 

• Other Real Estate Owned— An institution with other real estate owned (OREO) in 

SFHAs should, as a prudent practice, purchase flood insurance policies on its OREO 

property, although it is not required to do so by the regulations. 

Escrow Requirements 

The regulations require the escrowing of flood insurance premiums and fees for designated loans 

secured by residential improved real estate or a mobile home made, increased, renewed, or 

extended on or after January 1, 2016. In addition, institutions must offer and make available the 

option to escrow for flood insurance premiums and fees to borrowers with designated loans 

secured by residential improved real estate or a mobile home outstanding as of January 1, 2016. 

The escrow provisions are designed to improve compliance with flood insurance requirements by 

ensuring that borrowers with designated loans secured by residential improved real estate or a 

mobile home set aside funds to maintain flood insurance for the life of the loan. 

While the escrow requirement pertains generally to any designated loan secured by residential 

improved real estate or a mobile home, there are two types of exceptions: a small lender 

exception and a loan-type exception. The regulation provides that an institution is not required to 

escrow if it has total assets of less than $1 billion as of December 31 of either of the two prior 

calendar years and, as of July 6, 2012: 

• The institution was not required by Federal or State law to escrow taxes, insurance 

premiums, fees, or any other charges for the term of the loan; and 

• The institution did not have a policy of uniformly and consistently escrowing the same. 

If an excepted institution no longer qualifies for the exception because its assets exceeded the 

threshold for two consecutive calendar year ends, it must begin escrowing for any designated 

loan secured by residential improved real estate or a mobile home made, increased, extended, or 

renewed on or after July 1 of the first calendar year of changed status. If a financial institution 

provides escrow accounts only upon requests from borrowers, this does not constitute a uniform 

or consistent policy of requiring escrows. 

In addition, the escrow requirement does not apply to the following types of loans: 

• Extensions of credit primarily for business, commercial, or agricultural purposes even if 

secured by residential real estate; 

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• Loans in a subordinate position to a senior lien secured by the same property upon which 

the borrower has obtained sufficient flood insurance; 

• Loans secured by a property that is covered by a flood insurance policy with sufficient 

flood insurance coverage, which is provided by a condominium, cooperative, or 

homeowners association; 

• Home equity lines of credit; 

• Nonperforming loans; or 

• Loans with a term of no longer than 12 months. 

A nonperforming loan in this instance is a loan that is 90 or more days past due and remains 

nonperforming until it is permanently modified or until the entire amount past due, including 

principal, accrued interest, and penalty interest incurred as the result of the past due status, is 

collected or otherwise discharged in full. 

A loan that has a term exceeding 12 months does not qualify for the 12-month exception, even if 

one phase of the loan is for 12 months or less. 

If the institution determines that a loan no longer qualifies for one of these loan-type exceptions, 

the institution must begin escrowing as soon as reasonably practicable. 

Option to escrow: An institution (or its servicer) must offer and make available to borrowers the 

option to escrow flood insurance premiums and fees for designated loans secured by residential 

improved real estate or a mobile home that are outstanding as of January 1, 2016. In addition, an 

institution must provide the option to escrow notice to borrowers by June 30, 2016. A model 

clause for the notice on the option to escrow is provided in Appendix B of the regulations. 

An institution that no longer qualifies for the small lender exception must provide a notice of the 

option to escrow flood insurance premiums and fees for loans outstanding on July 1 of the first 

calendar year in which it has a change in status by September 30 of that year. Further, the 

financial institution must begin escrowing as soon as reasonably practicable after receiving a 

borrower’s request to escrow. The notice regarding the option to escrow does not have to be 

provided in conjunction with any other disclosure or be segregated from other information 

provided to the borrower. An institution may choose whether to provide a separate notice or add 

it to any other disclosure the lender provides the borrower, such as a periodic statement. 

Standard Flood Hazard Determination Form 

When an institution makes, increases, extends, or renews any loan secured by improved real 

estate or by a mobile home, it must use the standard flood hazard determination form (SFHDF) 

developed by FEMA6 to determine whether the building or mobile home offered as security 

6 See 63 FR 27857 (May 21, 1998) (codified at 44 CFR § 65.16). 

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property is or will be located in an SFHA in which flood insurance is available under the Federal 

flood insurance statutes. 

An institution can use a printed, computerized, or electronic form. It must retain a copy of the 

completed form, in either hard copy or electronic format, for the period of time it owns the loan. 

FEMA has stated that if an electronic format is used, the format and exact layout of the SFHDF 

is not required, but the fields and elements listed on the form are required. Accordingly, any 

electronic format used by an institution must contain all mandatory fields indicated on the 

SFHDF. 

The SFHDF is available on the FEMA Website at: http://www.fema.gov/medialibrary/assets/documents/225 

Decisions as to the applicability of flood insurance may not be based on an institution’s 

unilateral determination of elevations at which floods may occur. Official elevation 

determinations and, therefore, map revisions or amendments, Letter of Map Revision (LOMR) or 

Letter of Map Amendment (LOMA), respectively, may be performed only by FEMA. 

Letter of Map Amendment (LOMA) 

• A flood map will occasionally show a property as being in an SFHA, even though the 

building on the property is actually above the base flood elevation. In practice, flood 

insurance maps do not reflect every rise in terrain, and there may be instances of high 

ground inadvertently included in the SFHAs. Nevertheless, lenders are bound by the 

information shown on the FEMA maps until the map is changed by FEMA. 

• To resolve such a situation, a property owner can submit elevation materials with a 

request to FEMA for a LOMA to remove the property from the SFHA. The request must 

be submitted on the appropriate FEMA application form available at: 

https://www.fema.gov/flood-mapping-related-forms. 

• Upon receiving a complete application package, FEMA will normally complete its 

review and issue its determination within 4-6 weeks. 

• After obtaining a LOMA, a borrower must submit it to the lender for the flood insurance 

requirement to be waived. The lender has the discretion to continue to require flood 

insurance if the lender determines it is prudent to do so. 

Letter of Map Revision (LOMR) 

• A LOMR is appropriate when physical changes are necessary to raise the land above the 

base flood elevation 100-year flood level. For example, a LOMR request is appropriate 

when a property, located within a SFHA, is graded and filled to raise the level of the land 

above the base flood elevation 100-year flood level. The request for a LOMR must be 

initiated and approved by the community since changes in land level may affect other 

property owners. Community approval also confirms that the change in the land has been 

reviewed and is compatible with the community’s planning. 

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• A LOMR request must be submitted to FEMA on the appropriate form, available at: 

https://www.fema.gov/flood-mapping-related-forms. 

• After obtaining a LOMR, the borrower must submit it to the lender before the flood 

insurance requirement is waived. The lender has the discretion to continue to require 

flood insurance if the lender determines that it is prudent to do so. 

Flood maps, Standard Flood Hazard Determination forms, and Community Status Books may be 

obtained from FEMA by: 

Calling: 1-800-358-9616 or 1-800-611-6125, or 

Ordering online: www.msc.fema.gov 

To obtain information on a community’s participation status, contact a FEMA representative at 

1-800-358-9616 to request a community status book. Information on community status is also 

available on the Internet at www.fema.gov/national-flood-insurance-program/national-floodinsurance-program-community-status-book. 

Reliance on prior determination 

An institution may rely on a prior flood determination, whether or not the security property is 

located in an SFHA, and it is exempt from liability for errors in the previous determination if: 

• The previous determination is not more than seven years old, and 

• The basis for the previous determination was recorded on the SFHDF. 

There are, however some circumstances in which an institution may not rely on a previous 

determination, such as: 

• If FEMA’s map revisions or updates show that the security property has been remapped 

into an SFHA, or 

• If the lender contacts FEMA and discovers that map revisions or updates affecting the 

security property have been made after the date of the previous determination. 

An institution may also rely on a previous determination, which is not more than seven years old 

and is set forth on an SFHDF, when it increases, extends, renews, or purchases a loan. The 

making of a loan is not listed as a permissible event that permits an institution to rely on a 

previous determination. However, when the loan involves a refinancing or assumption by the 

same lender who obtained the original flood determination on the same property, the institution 

may rely on the previous determination, but only if the original determination was made not 

more than seven years before the date of the transaction, the basis for the determination was set 

forth on the SFHDF, and there were no map revisions affecting the property since the original 

determination was made. The same is true for multiple loans made by the same lender to the 

same borrower secured by the same property. A new determination is required when a loan 

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refinancing or assumption is made by a lender different from the one who obtained the original 

determination because this constitutes a new loan. 

Force Placement Requirements 

An institution is not required to monitor for map changes, and flood determinations are not 

required to be made at any time other than when a loan is made, increased, extended, or renewed. 

If, however, at any time during the life of the loan the institution or its servicer determines that 

required flood insurance is deficient, the Agencies’ regulations require initiation of force 

placement procedures. 

An institution or a servicer acting on its behalf is required to purchase or “force place” flood 

insurance for the borrower if the institution or the servicer determines that coverage is 

inadequate. An institution, or servicer acting on its behalf, upon discovering that the security 

property is not covered by an adequate amount of flood insurance, must provide notice to the 

borrower that the borrower should obtain flood insurance. If the borrower fails to purchase flood 

insurance in the appropriate amount within 45 days, the lender must purchase insurance on the 

borrower’s behalf. If there is a brief delay in force placing coverage, the Agencies expect the 

lender to be able to provide a reasonable explanation, for example, because the lender uses batch 

processing when purchasing force-placed flood insurance policies. 

An institution or its servicer continues to be responsible for ensuring that if flood insurance was 

required at origination, the borrower renews the flood insurance policy and continues to renew it 

for as long as flood insurance is required for the security property. If a borrower allows a policy 

to lapse when insurance is required, the institution or its servicer is required to commence force 

placement procedures. 

Under the Biggert-Waters Act, an institution may force place and charge for insurance beginning 

on the date on which flood insurance coverage lapsed or did not provide a sufficient coverage 

amount. The Biggert-Waters Act also provides that an institution must terminate force-placed 

insurance within 30 days of receipt of confirmation of a borrower’s existing flood insurance 

coverage. Additionally, an institution must refund to the borrower all premiums and fees for 

force-placed insurance paid by the borrower during any period of overlap between the 

borrower’s policy and the force-placed policy. Because an insurer is the entity that actually 

cancels the policy, an institution need only notify the insurer to terminate the force-placed policy 

in order to comply with the termination requirement. 

Force placement authority is designed to be used if, over the term of the loan, the institution or 

its servicer determines that flood insurance coverage on the security property is deficient; that is, 

whenever the amount of coverage in place is not equal to the lesser of the outstanding principal 

balance of the loan or the maximum coverage available under the NFIP. If a borrower fails to 

obtain the required amount of flood insurance coverage upon notification by an institution or its 

servicer, the amount that must be force placed is equal to the difference between the present 

amount of coverage, if any, and the lesser of the outstanding principal balance or the maximum 

coverage limit. 

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There is no required form of notice to borrowers for use in connection with the force placement 

procedures. An institution or its servicer may choose to send the notice directly or may use the 

insurance company that issues the force placement policy to send the notice. Force-placed flood 

insurance policies are available through private insurers or through the NFIP. FEMA has 

developed the Mortgage Portfolio Protection Program (MPPP) to assist lenders in connection 

with force placement procedures. For information concerning the MPPP, lenders and others 

should consult FEMA’s Website.7 

Determination Fees 

• The regulations permit an institution or its servicer to charge a reasonable fee to the 

borrower for the costs of making a flood hazard determination under the following 

circumstances: 

• The borrower initiates a transaction (making, increasing, extending, or renewing a loan) 

that triggers a flood hazard determination; 

• There is a revision or updating of floodplain areas or risk zones by FEMA; 

• The determination is due to FEMA’s publication of a notice that affects the area in which 

the loan is located; or 

• The determination results in the purchase of flood insurance under the force placement 

provision. 

The loan agreement or other contractual documents between the parties may also permit the 

imposition of fees. 

The authority to charge a borrower a reasonable fee for a flood hazard determination extends to a 

fee for life-of-loan monitoring by either the institution, its servicer, or by a third party, such as a 

flood hazard determination company. 

Truth in Lending Act Issues 

The Commentary to Regulation Z states that a fee for services that will be performed 

periodically during the loan term is a finance charge, regardless of whether the fee is imposed at 

closing, or when the service is performed. This would include the fee for life-of-loan monitoring. 

The fee for the original flood determination (i.e., whether a security property is in an SFHA) is 

excluded from the finance charge. The Commentary further indicates that any portion of a fee 

that does not relate to the initial decision to grant credit must be included in the finance charge.8 

If creditors are uncertain about what portion of a fee is related to the initial decision to grant 

credit, the entire fee may be treated as a finance charge. 

7 http://www.fema.gov/media-library-data/1444065610669-

6de95573a833329e4a889e95569d5d9b/11_mppp_508_nov2015.pdf 

8 See 12 CFR part 1026, supplement 1, comment 4(c)(7)-3. 

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Notice of Special Flood Hazards and Availability of Federal Disaster Relief 

Assistance 

When an institution makes, increases, extends or renews a loan secured by property that is or 

will be located in a SFHA, the institution must provide a written notice of special flood hazards 

to the borrower and the servicer, if there is one. This notice of special flood hazards must be 

provided regardless of whether the security property is located in a participating or nonparticipating community. The written notice must contain the following information: 

• A warning that the building or mobile home is or will be located in a SFHA. 

• A description of the flood purchase requirements contained in section 102(b) of the 

FDPA, as amended. 

• A statement, if applicable, that flood insurance coverage is available under the NFIP and 

may also be available from private insurers. 

• A statement that flood insurance coverage is available from private insurance companies 

that issue standard flood insurance policies on behalf of the NFIP or directly from the 

NFIP. 

• A statement that flood insurance that provides the same level of coverage as a standard 

flood insurance policy under the NFIP may also be available from a private insurance 

company that issues policies on behalf of the company. 

• A statement that the borrower is encouraged to compare flood insurance policies issued 

on behalf of the NFIP and policies issued on behalf of private insurance companies, and 

that the borrower should inquire about the availability, cost, and comparisons of flood 

insurance coverage to an insurance agent. 

• 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. 

For any loan for which an institution is required to escrow under the regulations, the institution 

must provide a written notice with the notice of special flood hazards informing the borrower 

that the institution is required to escrow all premiums and fees for flood insurance required under 

the regulations. The language in the notice about escrow should be substantially similar to the 

model clauses provided in Appendix A of the regulations, under the section titled “Escrow 

Requirements for Residential Loans.” The escrow notice may be provided in the notice of special 

flood hazards or separately. 

An institution may use the sample form contained in Appendix A to the regulations to comply 

with the notice requirements. The sample form is an example of an acceptable form the notice 

may take and contains additional information not required under the regulations. Lenders may 

also personalize, change the format of, and add information to the sample form if they wish to do 

July 2019 FDPA 17 
 

 

 

 

 

 

 

 

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so. However, to ensure compliance with the notice requirements, a lender-revised notice form 

must provide the borrower, at a minimum, with the information required by the regulations. 

The regulations permit an institution to rely on assurances from a seller or lessor that the seller or 

lessor has provided the requisite notice to the purchaser or lessee. As an example, this alternate 

form of notice might arise in a situation in which the lender is providing financing through a 

developer for the purchase of condominium units by multiple borrowers. The lender may not 

deal directly with the individual condominium unit purchaser and need not provide notice to each 

purchaser but may instead rely on the developer/seller’s assurances that the developer/seller has 

given the required notice. 

Delivery of the notice of special flood hazards must take place within a “reasonable time” before 

the completion of the transaction. What constitutes “reasonable” notice will necessarily vary 

according to the circumstances of particular transactions. An institution should bear in mind, 

however, that a borrower should receive notice timely enough to ensure that: 

• The borrower has the opportunity to become aware of the borrower’s responsibilities 

under the NFIP; and 

• Where applicable, the borrower can purchase flood insurance before completion of the 

loan transaction. 

The Agencies generally regard ten days as a “reasonable” time interval. 

Notice to Servicer 

Loan servicers must also be notified of special flood hazards. In many cases, the servicer’s 

identity will not be known until well after the loan closing; consequently, notification to the 

servicer in advance of the loan closing would not be possible or would serve no purpose. Notice 

to the servicer is required as promptly as practicable after the institution provides notice to the 

borrower, and must be given no later than at the time the lender transmits to the servicer other 

loan data concerning hazard insurance and taxes. Delivery to the servicer of a copy of the 

borrower’s notice suffices as notice to the servicer. 

Notice to the Administrator of FEMA 

An institution must notify the Administrator of FEMA, or the Administrator’s designee, of the 

identity of the loan servicer and of any change in the servicer. FEMA has designated the 

insurance carrier as its designee to receive notice of the servicer’s identity and of any change 

thereof, and at FEMA’s request this designation is stated in the regulations. Notice of the identity 

of the servicer will enable FEMA’s designee to provide notice to the servicer of a loan 45 days 

before the expiration of a flood insurance contract. Notice is required to be sent within 60 days of 

the effective date of the transfer of servicing. No standard form of notice is required to be used; 

however, the information should be sufficient for the Administrator, or the Administrator’s 

designee, to identify the security property and the loan, as well as the new servicer and its 

address. 

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Notice of Option to Escrow 

When an institution must offer and make available to a borrower the option to escrow flood 

insurance premiums and fees, the institution is required to mail or deliver to the borrower a 

written notice of the option to escrow for required flood insurance. The language in this notice 

must be similar to the language in the model clause of Appendix B of the regulations. The notice 

must also include the method(s) by which the borrower may request the escrow. Institutions must 

mail or deliver the notice no later than June 30, 2016 for any loan covered by flood insurance 

and outstanding on January 1, 2016. 

Institutions that no longer qualify for the small lender exception must mail or deliver, for any 

loan covered by flood insurance and outstanding on July 1 of the first calendar year in which the 

institution had a change in status, the notice by September 30 of that year. 

Record-Keeping Requirements 

The record keeping requirements of the regulations include retention of: 

• Copies of completed SFHDFs in either hard copy or electronic form, for as long as the 

institution owns the loan; and 

• Records of the receipt of the notice of special flood hazards to the borrower and the 

servicer for as long as the institution owns the loan. 

There is no particular form required for the record of receipt; however, it should contain a 

statement from the borrower indicating that the borrower has received the notification. Examples 

of records of receipt may include: 

• A borrower’s signed acknowledgment on a copy of the notice, 

• A borrower-initialed list of documents and disclosures that the lender provided the 

borrower, or 

• A scanned electronic image of a receipt or other document signed by the borrower. 

An institution may keep the record of receipt provided by the borrower and the servicer in the 

form that best suits the institution’s business. Institutions that retain these records electronically 

must be able to retrieve them within a reasonable time. 

Penalties and Liabilities 

The FDPA provides penalties for violations of: 

• Mandatory flood purchase requirement; 

• Escrow requirements; 

• Notice requirements; and 

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• Force placement requirements. 

If an institution is found to have a pattern or practice of committing any of these violations, the 

Agencies are required to assess civil money penalties in an amount not to exceed $2,000 per 

violation. Any penalty assessed will be paid into the FEMA National Flood Mitigation Fund. 

Liability for violations cannot be transferred to a subsequent purchaser of a loan. No penalty may 

be imposed after the expiration of four years beginning on the date of the occurrence of the 

violation. 

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Interagency Consumer 

Examination Procedures FDPA 

Examination Objectives 

To determine whether an institution performs required flood determinations for loans 

secured by improved real estate or a mobile home affixed to a permanent foundation in 

accordance with the regulations. 

To determine if the institution requires flood insurance in the correct amount when it 

makes, increases, extends, or renews a loan secured by improved real estate or a mobile 

home located or to be located in a SFHA in a participating community. 

To determine if the institution provides the required notices to the borrower and servicer 

when the property is located in a SFHA, and to the Administrator of FEMA whenever 

flood insurance is required as a condition of the loan. 

To determine if the institution requires flood insurance premiums to be escrowed when 

required by law. 

To determine if the institution complies with the force placement provisions if, at any 

time during the term of a loan, it determines that flood insurance on the loan is not 

sufficient to meet the requirements of the regulation. 

To determine if the institution complies with the private flood insurance requirements of 

the regulation. 

To require corrective action when policies or internal controls are deficient, or when 

violations of law are identified. 

Examination Procedures9 

The following procedures should be performed, as appropriate: 

• By reviewing previous examinations and supervisory correspondence; 

• By obtaining and reviewing the institution’s policies, procedures, and other pertinent 

information; 

• By reviewing the institution’s system of internal controls; 

• By reviewing consumer complaints submitted to the institution.10 

• By discussing procedures with management; and 

• By reviewing a sample of loan files. 

9 These reflect the interagency examination procedures in their entirety. 

10 Consumer complaints can be a source of information about private flood policies that the institution did not 

accept. 

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Coverage and Internal Control 

Determine if the institution has effective internal controls in place through appropriate 

policies, procedures, training, and monitoring to ensure compliance with the requirements 

of the regulation. 

Determine the method(s) used by the institution to ascertain whether improved real estate 

or mobile homes are or will be located in an SFHA. 

Verify that the process used accurately identifies special flood hazard areas. 

For those special flood hazard areas identified, determine if the communities in which 

they are located participate in the NFIP. 

If the detached structure is not covered by flood insurance, review the institution’s 

documented conclusion and verify that the structure meets the exemption. 

If the institution provides “table funding” to close loans originated by mortgage brokers 

or dealers, verify that it complies with regulatory requirements. 

If the institution purchases servicing rights, review the contractual obligations placed on 

the institution as servicer by the owner of the loans to ascertain if flood insurance 

requirements are identified and compliance responsibilities are adequately addressed. 

If the institution utilizes a third party to service loans, review the contractual obligations 

between the parties to ascertain that flood insurance requirements are identified and 

compliance responsibilities are adequately addressed. 

Property Determination Requirements 

Verify that flood zone determinations are accurately recorded on the SFHDF. (Note: An 

institution is required to prepare a flood hazard determination for all detached structures, 

including those that may not be in a SFHA or require flood insurance coverage. Because 

a flood hazard determination is often needed to identify the number and types of 

structures on the property, conducting a flood hazard determination remains necessary to 

ensure compliance with the flood insurance requirements.) 

Verify that the institution relies on a previous determination only if it is not more than 

seven years old; the determination was recorded on the SFHDF; and the determination is 

not on a property located in a community that has been remapped. 

If the institution utilizes a third party to prepare flood zone determinations, review the 

contractual obligations between the parties to ascertain that flood insurance requirements 

are identified and compliance responsibilities are adequately covered, including the 

extent of the third party’s guarantee of work and the procedures in place to resolve 

disputes relating to determinations. 

July 2019 FDPA 22 
 

 

 

 

 

 

 

 

 

 

 

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Verify that the institution retains a copy of the completed SFHDF, in either hard copy or 

electronic form, for as long as it owns the loan. 

Purchase Requirements 

For loans that require flood insurance, determine that the required amount of insurance 

was obtained prior to loan closing and is maintained for the life of the loan. 

a. If the institution accepted a private flood insurance policy in accordance with the 

mandatory acceptance requirements, verify that the policy either: (a) contains the 

compliance aid assurance clause exactly as follows: “This policy meets the definition 

of private flood insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding 

regulation” or (b) that the policy meets the definition of “private flood insurance” as 

set forth in the regulation. 

b. If the institution accepted a flood insurance policy issued by a private insurer in 

accordance with the discretionary acceptance requirements, verify the following: 

• the policy provides a sufficient amount of insurance; 

• the policy is issued by an insurer permitted under the regulation; 

• the policy covers both the mortgagor(s) and the mortgagee(s) as loss payees; and 

• the institution determined that the policy provides sufficient protection of the 

designated loan, consistent with general safety and soundness principles, and that 

the institution documented its conclusion regarding sufficiency of the protection 

of the loan in writing. 

c. If the institution accepted a plan issued by a mutual aid society in accordance with the 

requirements for acceptance of such a plan, verify the following: 

• the institution’s regulator has determined that such plans qualify as flood 

insurance; 

• the plan provides coverage in the amount required; 

• the plan covers both the mortgagor(s) and the mortgagee(s) as loss payees; and 

• the institution documented in writing its conclusion that the plan provides 

sufficient protection of the designated loan, consistent with general safety and 

soundness principles. 

In connection with a residential property, if flood insurance was not required for a 

detached structure, determine whether the institution followed its internal policies and 

procedures and verify that the institution documented its decision in writing not to require 

insurance for such structure at the time of loan origination. 

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Examination Procedures FDPA 

If the institution makes loans insured or guaranteed by a government agency (SBA, VA, 

or FHA) determine how it complies with the prohibition against making these loans if the 

security property is in an SFHA within a non-participating community. 

Determination Fee Requirements 

Determine that any fees charged to the borrower by the institution for flood zone 

determinations (absent some other authority such as contract language) are charged only 

when a loan: 

• Is made, increased, renewed, or extended; 

• Is made in response to a remapping by FEMA; or 

• Results in the purchase of flood insurance under the force placement provisions. 

If other authority permits the institution to charge fees for determinations in situations 

other than the ones listed above, determine if the institution is consistent in this practice. 

Determine the reasonableness of any fees charged to a borrower for flood determinations 

by evaluating the method used by the institution to determine the amount of the charge. 

Consider, for example, the relationship of the fees charged to the cost of services 

provided. 

Notice Requirements 

Notice of Special Flood Hazards and Availability of Federal Disaster Relief 

Assistance 

Ascertain that when an institution makes, increases, extends or renews a loan secured by 

property located in an SFHA, written notice is mailed or delivered to the borrower within 

a reasonable time prior to completion of the transaction. 

Verify that the notice contains: 

• A warning that the property securing the loan is or will be located in an SFHA; 

• A description of the flood insurance purchase requirements; 

• A statement, where applicable, that flood insurance coverage is available under the 

NFIP and may also be available from private insurers, if applicable; 

• A statement that flood insurance coverage is available from private insurance 

companies that issue standard flood insurance policies on behalf of the NFIP or 

directly from the NFIP; 

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• A statement that flood insurance that provides the same level of coverage as a 

standard flood insurance policy under the NFIP may also be available from a private 

insurance company that issues policies on behalf of the company; 

• A statement that the borrower is encouraged to compare flood insurance policies 

issued on behalf of the NFIP and policies issued on behalf of private insurance 

companies, and that the borrower should inquire about the availability, cost, and 

comparisons of flood insurance coverage to an insurance agent; 

• A statement whether Federal disaster relief assistance may be available in the event of 

damage to the property caused by flooding in a federally declared disaster, if 

applicable. 

If an institution is required to escrow under the regulations, verify that the institution 

provided a written notice with the notice of special flood hazards informing the borrower 

that the institution is required to escrow all premiums and fees for flood insurance, 

similar to the model clause in Appendix A of the regulations. 

If the seller or lessor provided the notice to the purchaser or lessee, verify that the 

institution obtained satisfactory written assurance that the notice was provided within a 

reasonable time before the completion of the sale or lease transaction. 

Verify that the institution retains a record of receipt of the notice provided to the 

borrower for as long as it owns the loan. 

If applicable, verify that the institution provided written notice to the servicer of the loan 

within the prescribed time frames and that the institution retains a record of receipt of the 

notice for as long as it owns the loan. 

Notice of the Option to Escrow 

If the institution is required to send a notice of option to escrow flood insurance 

premiums and fees, ascertain that written notice is mailed or delivered to the borrower: 1) 

by June 30, 2016 for any loan covered by flood insurance and outstanding on January 1, 

2016; or, if applicable, 2) by September 30 of the first calendar year in which the 

institution has had a change in status and no longer qualifies for the small lender 

exception for any loan covered by flood insurance and outstanding as of July 1 of that 

calendar year. 

Verify that the notice contains: 

• A statement that the borrower has an option to escrow required flood insurance 

premiums and fees. 

• A statement about the methods the borrower may use to request the escrow. 

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Examination Procedures FDPA 

Notice of Servicer’s Identity 

If the institution transfers servicing of loans to another servicer, ascertain whether it provides 

notice of the new servicer’s identity to the flood insurance carrier (the Administrator of FEMA’s 

designee) within prescribed time frames. 

Escrow Requirements 

Verify that the institution escrows for flood insurance premiums and fees for designated 

loans made, increased, renewed, or extended on or after January 1, 2016 unless the loan 

qualifies for one of the exceptions or the institution qualifies for the small lender 

exception. 

If a designated loan no longer qualifies for a loan-related exception, verify that the 

institution established an escrow account as soon as reasonably practicable. 

If the institution no longer qualifies for the small lender exception, verify that the 

institution started requiring escrow on designated loans made, increased, extended or 

renewed on or after July 1 of the first calendar year of changed status. 

Verify that an institution (or its servicer) offered and made available to borrowers the 

option to escrow flood insurance premiums and fees for loans secured by residential 

improved real estate or a mobile home that are outstanding as of January 1, 2016. In 

addition, verify that an institution started escrowing as soon as reasonably practicable 

after receiving the borrower’s request to escrow. 

Verify that, for institutions that no longer qualify for the small lender exception, the 

institution mailed or delivered, for any loan covered by flood insurance and outstanding 

on July 1 of the first calendar year in which the institution no longer qualifies for the 

small lender exception, the notice of the option to escrow by September 30 of that year. 

In addition, verify that the institution started escrowing as soon as reasonably practicable 

after receiving a borrower’s request to escrow. 

Verify that the institution’s escrow procedures comply with section 10 of RESPA. 

Force Placement Requirements 

If the institution determines that flood insurance coverage is less than the amount 

required by the FDPA, ascertain that it has appropriate policies and procedures in place to 

exercise its force placement authority. 

If the institution is required to force place insurance, verify: 

• That it provides written notice to the borrower that flood insurance is required, and 

• That if the required insurance is not purchased by the borrower within 45 days from 

the time that the institution provides the written notice, that the institution purchases 

the required insurance on the borrower’s behalf. 

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Interagency Consumer 

Examination Procedures FDPA 

If the institution purchases required flood insurance on the borrower’s behalf and charges 

the borrower for premiums and fees incurred for coverage, verify that within 30 days of 

receiving confirmation of a borrower’s existing flood insurance coverage, the institution: 

• Notifies the insurance provider to terminate the existing force-placed insurance, and 

• Refunds to the borrower all force-placed insurance premiums and any fees paid for by 

the borrower during any period of overlap between the borrower’s policy and the 

force-placed policy. 

FDPA Examination Checklist 

The following questions are designed to be used in conjunction with the Examination Procedures 

to guide the examiner in a comprehensive review of the requirements of the regulation as it is 

applied to depository institutions: 

Coverage 

Does the institution offer or extend credit (consumer or commercial) that is secured by 

improved real estate or mobile homes as defined in the regulations? If yes, complete the 

remainder of this checklist. 

If the institution provides “table funding” to close loans originated by mortgage brokers 

or dealers, does it have procedures to ensure that the requirements of the regulations are 

followed? 

If the institution purchases servicing rights to loans covered by the regulation, do the 

documents between the parties specify the contractual obligations on the institution with 

respect to flood insurance compliance? 

If the institution utilizes third parties to service loans covered by the regulation, do the 

contractual documents between the parties require the servicer to meet the requirements 

of the regulations? 

Property Determination 

If the institution utilizes a third-party to prepare flood zone determinations, do the 

contractual documents between the parties: 

• Provide for the third-party’s guarantee of work? 

• Contain provisions to resolve disputes relating to determinations, to allocate 

responsibility for compliance, and to address which party will be responsible for 

penalties incurred for noncompliance? 

Are the determinations prepared on the SFHDF developed and authorized by FEMA? 

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Interagency Consumer 

Examination Procedures FDPA 

• If the form is maintained in an electronic format does it contain the elements required 

by FEMA? 

Does the institution maintain a record of the SFHDF either in hard copy or electronic 

form for as long as it owns the loan? 

When increasing, extending, renewing, or purchasing a loan (not making a loan), does the 

institution rely on a prior determination only if it is made on the SFHDF, is no more than 

seven years old, and the community has not been remapped? 

Determination Fees 

Absent some other authority (such as contract language) does the institution charge a fee 

to the borrower for a flood determination only when: 

• It is made when a loan is made, increased, renewed or extended, or 

• It is made in response to a remapping by FEMA, or 

• It results in the purchase of flood insurance under the force placement provisions? 

If the institution has other authority to charge fees for determinations in situations other 

than those noted above, is the practice followed consistently? 

For those loans subject to TILA, if the institution requires the borrower to obtain life-ofloan monitoring and passes that charge along to the borrower, does it either: 

• Break out the original determination charge from the charge for life-of-loan 

monitoring or 

• Include the full amount of the charge as a finance charge? 

Are the fees charged by the institution for making a flood determination reasonable? 

Notice Requirements 

Notice of Special Flood Hazards and Availability of Federal Disaster Relief 

Assistance 

Are borrowers whose security property is located in an SFHA provided written notice of 

special flood hazards within a reasonable time prior to loan closing? 

Does the notice contain the following required information? 

• A warning that the building or mobile home is located in a SFHA; 

• A description of the flood insurance requirements; 

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• A statement that flood insurance is available under the NFIP and is also available 

from private insurers; 

• A statement that flood insurance coverage is available from private insurance 

companies that issue standard flood insurance policies on behalf of the NFIP or 

directly from the NFIP; 

• A statement that flood insurance that provides the same level of coverage as a 

standard flood insurance policy under the NFIP may also be available from a private 

insurance company that issues policies on behalf of the company; 

• A statement that the borrower is encouraged to compare flood insurance policies 

issued on behalf of the NFIP and policies issued on behalf of private insurance 

companies, and that the borrower should inquire about the availability, cost, and 

comparisons of flood insurance coverage to an insurance agent; 

• A statement whether Federal disaster relief assistance may be available in the event of 

damage to the property caused by flooding in a federally declared disaster, if 

applicable. 

If an institution is required to escrow under the regulations, verify that the institution 

provided a written notice with the notice of special flood hazards informing the borrower 

that the institution is required to escrow all premiums and fees for flood insurance, 

similar to the model clause in Appendix A of the regulations. 

If the institution uses the alternate notice procedures in certain instances as permitted by 

the regulation, does it obtain the required satisfactory written assurance from the seller or 

lessor? 

Does the institution provide a copy of the notice of special flood hazards to the servicer 

of the loan within the required time frames? 

Does the institution retain a record of receipt of the notifications provided to the borrower 

and the servicer for as long as it owns the loan? 

Notice of Option to Escrow 

If the institution is required to mail or deliver a notice of the option to escrow flood 

insurance premiums and fees, ascertain that written notice is mailed or delivered to the 

borrower: 1) by June 30, 2016 for any loan covered by flood insurance and outstanding as 

of January 1, 2016; or 2) if applicable, by September 30 of the first calendar year in 

which the institution has had a change in status and no longer qualifies for the small 

lender exception in the regulation for any loan covered by flood insurance and 

outstanding on July 1 of that calendar year. 

Verify that the notice contains: 

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• A statement that the borrower has an option to escrow required flood insurance 

premiums and fees. 

• A statement about the methods the borrower may use to request the escrow. 

Insurance Requirements 

1. If an improved property or mobile home is located in an SFHA and flood insurance is 

required, does the institution have the borrower obtain a policy, with the institution as 

loss payee, in the correct amount prior to closing? 

2. When multiple properties securing the loan are located in SFHAs, does the institution 

have sufficient insurance, either through a single policy with a scheduled list of several 

buildings or multiple policies, to meet the minimum requirements of the regulation? (See 

narrative for description of minimum requirements.) 

3. If the institution accepts a private flood insurance policy in accordance with the 

mandatory acceptance requirements set forth in the regulation, does the institution verify 

that either: (a) the policy or an endorsement to the policy contains the compliance aid 

assurance clause exactly as follows: “This policy meets the definition of private flood 

insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding regulation”; or (b) 

the policy meets the definition of “private flood insurance” as set forth in the regulation? 

4. If the institution exercises its discretion to accept flood insurance issued by a private 

insurer that does not meet the statutory definition of private flood insurance, does the 

institution comply with the regulation’s discretionary acceptance requirements? 

5. If the institution accepts mutual aid plans, are the plans accepted in accordance with the 

regulation’s requirements? 

Escrow Requirements 

Does the institution require the escrow of premiums and fees for flood insurance on 

designated loans secured by residential improved real estate or a mobile home made, 

increased, extended, or renewed after January 1, 2016, unless the loan qualifies for one of 

the exceptions or the institution qualifies for the small lender exception? 

If a designated loan secured by residential improved real estate or a mobile home no 

longer qualifies for the loan-related exception, does the lender establish an escrow as 

soon as reasonably practicable? 

If the institution no longer qualifies for the small lender exception, did the lender begin 

requiring escrow on designated loans secured by residential improved real estate or a 

mobile home made, increased, extended, or renewed on or after July 1 of the first 

calendar year of changed status? 

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Did the institution (or its servicer) offer and make available to borrowers the option to 

escrow flood insurance premiums and fees for designated loans secured by residential 

improved real estate or a mobile home that are outstanding as of January 1, 2016? In 

addition, did the institution start escrowing as soon as reasonably practicable after 

receiving a borrower’s request to escrow? 

If the institution no longer qualifies for the small lender exception, did the institution mail 

or deliver, for any loan covered by flood insurance and outstanding on July 1 of the first 

calendar year in which the institution no longer qualifies for the small lender exception, 

the notice of the option to escrow by September 30 of that year? In addition, did the 

institution start escrowing as soon as reasonably practicable after receiving a borrower’s 

request to escrow? 

Does the institution comply with the provisions of section 10 of RESPA (12 CFR 

§1024.17 of Regulation X) for escrows? 

Force Placement Requirements 

If at any time during the life of the loan, the institution determines that property securing 

a designated loan lacks adequate flood insurance coverage: 

• Does the institution provide written notice to the borrower stating that the necessary 

coverage must be obtained or the institution will purchase it on the borrower’s 

behalf? 

• Does the institution purchase the coverage on the borrower’s behalf if the borrower 

does not obtain the required policy 45 days after the notice to the borrower has been 

sent? 

If the institution purchases required flood insurance on the borrower’s behalf and charges 

the borrower for premiums and fees incurred for coverage, verify that within 30 days of 

receiving confirmation of a borrower’s existing flood insurance coverage, the institution: 

• Notifies the insurance provider to terminate the existing force-placed insurance, and 

• Refunds to the borrower all force-placed insurance premiums and any fees paid for by 

the borrower during any period of overlap between the borrower’s policy and the 

force-placed policy. 

Notice to Administrator of FEMA 

Does the institution provide the appropriate notice to the carrier of the insurance policy 

(the Administrator of FEMA’s designee) regarding the identity of the servicer of a 

designated loan? 

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If the institution sells or transfers the servicing of designated loans to another party, does 

it have procedures in place to provide the appropriate notice to the Administrator’s 

designee within 60 days of the effective date of the transfer of the servicing? 

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