42 U.S.C. §4104b — Standard hazard determination forms

flood-42usc-4104b

42 U.S.C. §4104b requires use of the Standard Flood Hazard Determination Form for every loan secured by improved real estate or a mobile home.

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Verbatim regulatory text (7)

Verbatim provisions from 42 U.S.C. §4104b — Standard hazard determination forms — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

42 U.S.C. §4104b(a)

(a) Development The Administrator, in consultation with representatives of the mortgage and lending industry, the Federal entities for lending regulation, the Federal agency lenders, and any other appropriate individuals, shall develop a standard form for determining, in the case of a loan secured by improved real estate or a mobile home, whether the building or mobile home is located in an area identified by the Administrator as an area having special flood hazards and in which flood insurance under this chapter is available. The form shall be established by regulations issued not later than 270 days after September 23, 1994.

Source: 42 U.S.C. §4104b(a) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b(b)

(b) Design and contents (1) Purpose The form under subsection (a) shall be designed to facilitate compliance with the flood insurance purchase requirements of this chapter. (2) Contents The form shall require identification of the type of flood-risk zone in which the building or mobile home is located, the complete map and panel numbers for the improved real estate or property on which the mobile home is located, the community identification number and community participation status (for purposes of the national flood insurance program) of the community in which the improved real estate or such property is located, and the date of the map used for the determination, with respect to flood hazard information on file with the Administrator. If the building or mobile home is not located in an area having special flood hazards the form shall require a statement to such effect and shall indicate the complete map and panel numbers of the improved real estate or property on which the mobile home is located. If the complete map and panel numbers are not available because the building or mobile home is not located in a community that is participating in the national flood insurance program or because no map exists for the relevant area, the form shall require a statement to such effect. The form shall provide for inclusion or attachment of any relevant documents indicating revisions or amendments to maps.

Source: 42 U.S.C. §4104b(b) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b(c)

(c) Required use The Federal entities for lending regulation shall by regulation require the use of the form under this section by regulated lending institutions. Each Federal agency lender shall by regulation provide for the use of the form with respect to any loan made by such Federal agency lender. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation and the Government National Mortgage Association shall require the use of the form with respect to any loan purchased by such entities. A lender or other person may comply with the requirement under this subsection by using the form in a printed, computerized, or electronic manner.

Source: 42 U.S.C. §4104b(c) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b(d)

(d) Guarantees regarding information In providing information regarding special flood hazards on the form developed under this section, any lender (or other person required to use the form) who makes, increases, extends, or renews a loan secured by improved real estate or a mobile home may provide for the acquisition or determination of such information to be made by a person other than such lender (or other person), only to the extent such person guarantees the accuracy of the information.

Source: 42 U.S.C. §4104b(d) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b(e)

(e) Reliance on previous determinationAny person increasing, extending, renewing, or purchasing a loan secured by improved real estate or a mobile home may rely on a previous determination of whether the building or mobile home is located in an area having special flood hazards (and shall not be liable for any error in such previous determination), if the previous determination was made not more than 7 years before the date of the transaction and the basis for the previous determination has been set forth on a form under this section, unless— (1) map revisions or updates pursuant to section 4101(f) of this title after such previous determination have resulted in the building or mobile home being located in an area having special flood hazards; or (2) the person contacts the Administrator to determine when the most recent map revisions or updates affecting such property occurred and such revisions and updates have occurred after such previous determination.

Source: 42 U.S.C. §4104b(e) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b(f)

(f) Effective date The regulations under this section requiring use of the form established pursuant to this section shall be issued together with the regulations required under subsection (a) and shall take effect upon the expiration of the 180-day period beginning on such issuance.

Source: 42 U.S.C. §4104b(f) · source URL · snapshot 1f7959312de5c213

42 U.S.C. §4104b note — source credit and editorial notes (not statute text)

(Pub. L. 90–448, title XIII, § 1365, as added Pub. L. 103–325, title V, § 528, Sept. 23, 1994, 108 Stat. 2264; amended Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)

Source: 42 U.S.C. §4104b note — source credit and editorial notes (not statute text) · source URL · snapshot 1f7959312de5c213

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