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Code · CFR · Title 12 — Banks and Banking · Part 760 — Loans in Areas Having Special Flood Hazards · § 760.8

§ 760.8. Determination fees.

259 words·~1 min read·/us/cfr/t12/s§ 760.8·

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(a)General. Notwithstanding any Federal or State law other than the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4129), any credit union, or a servicer acting on behalf of the credit union, may charge a reasonable fee for determining whether the building or mobile home securing the loan is located or will be located in a special flood hazard area. A determination fee may also include, but is not limited to, a fee for life-of-loan monitoring.
(b)Borrower fee. The determination fee authorized by paragraph
(a)of this section may be charged to the borrower if the determination:
(1)Is made in connection with a making, increasing, extending, or renewing of the loan that is initiated by the borrower;
(2)Reflects the Administrator of FEMA's revision or updating of floodplain areas or flood-risk zones;
(3)Reflects the Administrator of FEMA's publication of a notice or compendium that:
(i)Affects the area in which the building or mobile home securing the loan is located; or
(ii)By determination of the Administrator of FEMA, may reasonably require a determination whether the building or mobile home securing the loan is located in a special flood hazard area; or
(4)Results in the purchase of flood insurance coverage by the credit union or its servicer on behalf of the borrower under § 760.7.
(c)Purchaser or transferee fee. The determination fee authorized by paragraph
(a)of this section may be charged to the purchaser or transferee of a loan in the case of the sale or transfer of the loan.
Connections4 cite this
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  • 42 USC 4001-4129
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cites case law
§ 760.8
Determination fees.
Fed. Reg.×4
Cite42 USC 4001-4129
Cites 1Cited by 4 across 1 source
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