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Interagency Q&As

Interagency Q&As. Agenda. Introductions The Basics The Highlights The Details The Future Questions. NFC 2010 Workshop | April 2010 | San Diego, CA. Introductions. Hollee Osborne, CRCM Senior Compliance Examiner FDIC Pamela Lea Mount, NBE Compliance Policy Division

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Interagency Q&As

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  1. Interagency Q&As Agenda Introductions The Basics The Highlights The Details The Future Questions NFC 2010 Workshop | April 2010 | San Diego, CA

  2. Introductions • Hollee Osborne, CRCM • Senior Compliance Examiner • FDIC • Pamela Lea Mount, NBE • Compliance Policy Division • Office of the Comptroller of the Currency • Tuula Young • Lender Compliance Officer • FEMA

  3. Overview • The Basics • The Highlights • The Details • The Future • Questions

  4. The Basics • Borrower notification requirement • All loans secured by improved real estate • Designated loans • Secured by improved real estate or a mobile home • Located or to be located in a SFHA • Located in a participating community

  5. The Basics • Standard Flood Hazard Determination Form • Prior determinations • Purchase requirements • Coverage amounts • Life of loan • Enforcement requirements • Pattern or practice 5

  6. The Highlights • Reorganized/edited for clarity • All Q&As consecutively numbered • More examples • Focus on concept of “insurable value” • In response to industry’s questions and in coordination with FEMA

  7. The Highlights • New Q&As in the areas of: • Junior-lien mortgages • Loan syndications/participations • Private policies • Imposition of civil money penalties (CMPs) • Flood zone discrepancies 7

  8. The Highlights • Substantive modifications to previous Q&As in the areas of: • Construction loans • Loans for residential condos • Proposed additional questions in the areas of: • Insurable value • Force placed coverage 8

  9. The Details – Residential Condo Units • For residential condominium loans made, increased, renewed, or extended after September 21, 2009 • Must have insurance coverage equal to the lesser of the: • Outstanding principle balance • Maximum limit of coverage available under the NFIP • 100% of the insurable value of the property

  10. The Details – Residential Condo Units Insurable value relates solely to the replacement costs of the condo building and its foundation and supporting structures Calculating coverage requirements for individual units, divide the insurable value of the building by the number of units in the building 10

  11. The Details – Construction Loans • Borrower must have flood insurance in place: • at loan origination or • when construction beings • foundation slab poured/elevation certificate issued • lender has adequate policies and procedures • Common misconception that coverage is not available until the structure is walled and roofed 11

  12. The Details – Junior Liens • Coverage must be the lesser of either the: • Combined total outstanding principal of both the first and junior mortgage's) • Maximum amount available under the program • Insurable value of the property • Cannot comply by merely requiring flood insurance in an amount to cover the junior mortgage without regard to the first 12

  13. The Details – Syndication/Participations • After loan is made • Does not trigger requirements of the act • When loan is made • Participating lender expected: • to undertake due diligence to ensure that lead lender or agent takes steps to ensure borrower obtains flood insurance where necessary, and • have controls to monitor for compliance 13

  14. The Details – Syndication/Participations Agreements should require lead or agent to provide information to participants 14

  15. The Detail– Private Flood Policies • Gap or blanket coverage generally not adequate substitute for NFIP insurance. • Private policy may be adequate substitute if meets criteria set forth by FEMA in Mandatory Purchase Guidelines (pp. 57-58). • Non-equivalent coverage may be useful to protect lender, but may not be relied on to meet mandatory purchase requirements. 15

  16. The Details– Flood Zone Discrepancies Have a process in place to identify and resolve flood zone discrepancies. Be concerned about a discrepancy between a high-risk zone (A or V) and a low- or moderate-risk zone (B, C, D, or X) not so much within subcategories. 16

  17. The Details– Flood Zone Discrepancies A pattern or practice of unresolved discrepancies due to a lack of effort on the lender’s part to resolve, may result in a violation. 17

  18. The Details– Flood Zone Discrepancies Federal law sets the ultimate responsibility to place flood insurance on the lender, with limited reliance permitted on third parties to the extent that the information that those third parties provide is guaranteed. 18

  19. The Details– Flood Zone Discrepancies • What resolution steps? • Determine whether legitimate difference (grandfathering) or mistake that can and is corrected • If not, notify insurance company reminding of FEMA’s April 16, 2008 instruction to write to higher risk; • Substantiate in file • No further action required 19

  20. The Detail– Civil Money Penalties • Pattern or practice of failure to: • Purchase flood insurance • Force place insurance • Escrow flood insurance • Provide notice borrower • Provide notice of servicer or change 20

  21. Civil Money Penalties Number of Financial Institutions Year End 2009

  22. The Detail– Civil Money Penalties • Penalty amounts increased Dec. 10, 2008 • NTE $385 per loan • NTE $135,000 per calendar year 22

  23. The Detail– Civil Money Penalties • Penalty amounts increased Dec. 10, 2008 • NTE $385 per loan • NTE $135,000 per calendar year 23

  24. Civil Money PenaltiesNumber of CMP's From 1999 - 2009

  25. The Detail– Civil Money Penalties • Penalties are paid into the National Flood Mitigation Fund held by the Treasury Dept. for the benefit of FEMA. • Agencies also have authority in 12 USC 1818(i) to assess civil money penalties for violations. • OCC has exercised this twice 25

  26. Civil Money Penalties Average CMP Amount for 1999 - 2009

  27. Civil Money Penalties Total Dollar CMP Amount for 1999 - 2009

  28. The Future – Proposed Q&As Comments were due September 21, 2009 Interagency working group has drafted responses and answers FFIEC Consumer Compliance Task Force has voted Agency principles must sign off Publish in the Federal Register 28

  29. The Future – Useful Resources 2009 Final Interagency Flood Q & As http://www.fdic.gov/news/news/financial/2009/fil09042.html FEMA Answers to Questions About the NFIP http://www.fema.gov/business/nfip/intnfip.shtm FEMA’s 2007 Mandatory Purchase of Flood Insurance Guidelines http://www.fema.gov/library/viewRecord.do?id=2954 29

  30. The Future – Useful Resources • Examination Procedures • FDIC - http://www.fdic.gov/regulations/compliance/handbook/ • FRB - http://www.federalreserve.gov/boarddocs/supmanual/supervision_cch.htm • OCC - http://www.occ.treas.gov/handbook/compliance.htm • OTS - http://www.ots.treas.gov/?p=ExaminationHandbook 30

  31. Questions Jackson, KY, June 4, 2009 Rob Melendez/FEMA 31

  32. Thank you

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