Md. Code Regs. 05.06.01.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 05.06.01.10 - Environmental and Insurance Requirements

A. Environmental Review.

(1) Each loan to be insured by the Fund shall comply with applicable local, State, and federal environmental laws and Regulations.

(2) A lender may be required, at the discretion of the Fund, to have a borrower conduct a screening of the proposed site for environmental conditions, such as man-made hazards, stormwater runoff, underground storage tanks, lead-based paint, radon gas, PCBs, asbestos, or other environmental hazards within the meaning of the environmental laws referred to in this section.

(3) If the initial screening indicates adverse or potentially adverse environmental conditions, the Fund may require a more detailed physical investigation, review of historic records, testing and treatment, or abatement of the environmental condition as a requirement of the mortgage insurance.

(4) The Fund may require the borrower to certify to it that no hazardous environmental conditions are present on the property, in addition to the screening required by this section.

B. Title Insurance.

(1) The borrower shall provide to the insured lender a standard American Land Title Association Loan Policy - 1970, as amended, for an amount equal to the maximum principal amount of the loan, insuring the lender and the Fund that title to the building and the real property on which the building is located on the date of the loan closing is vested in the borrower, and containing only exceptions and encumbrances approved by the insured lender and the Fund.

(2) The title policy shall include American Land Title Association endorsement form 100, comprehensive coverage, and American Land Title Association endorsement form 8.1, environmental coverage, and such other endorsements as may be required by the insured lender and the Fund.

(3) The title insurance policy shall be accompanied by a survey certified in the manner required by the insured lender, the Fund, and the title company issuing the title insurance, showing that there are no easements or encroachments upon or other matters pertaining to the property except those acceptable to the insured lender and the Fund.

C. Property, Liability, and Other Insurance.

(1) At or before closing of a loan, and at such other times as required by the Department, the borrower shall provide evidence that the borrower, contractor, and other parties, have obtained and maintained the following insurance:

(a) Owner's liability;

(b) Owner's property or hazard or contractor's builder's risk;

(c) Contractor's liability;

(d) Architect's errors and omissions;

(e) Engineer's errors and omissions; and

(f) Flood insurance, if the project is located in a flood hazard zone.

(2) All insurance required under §C(1) of this regulation shall meet the following requirements:

(a) Be written by a company registered with the Maryland Insurance Administration;

(b) Be in force at the time of closing;

(c) Not be terminable without prior notification to the Department; and

(d) Contain such other terms and coverage satisfactory to the Department.

(3) In addition to the requirements of §C(2) of this regulation, owner's liability insurance shall:

(a) Name the Department as an additional insured; and

(b) Remain in force for the duration of the loan.

(4) In addition to the requirements of §C(2) of this regulation, contractor's liability and contractor's builder's risk insurance shall:

(a) Name the Department as an additional insured; and

(b) Remain in place through final closing or such later date as the Department requires.

(5) In addition to the requirements of §C(2) of this regulation, owner's property or hazard insurance shall:

(a) Name the Department as an additional insured, loss payee, and mortgagee; and

(b) Remain in force for the duration of the loan.

Md. Code Regs. 05.06.01.10

Regulations .10 amended effective August 20, 1975 (2:18 Md. R. 123)
Regulations .10 amended effective October 29, 1975 (2:27 Md. R. 16)
Regulations .10 amended effective August 30, 1974 (1:1 Md. R. 13)
Regulations .10 adopted effective March 24, 1978 (5:6 Md. R. 464)
Regulation .10 amended effective June 29, 1979 (6:13 Md. R. 1124)
Regulation .10A amended effective March 4, 1991 (18:4 Md. R. 446)
Regulations Chapter, Maryland Housing Fund, repealed and .10, Maryland Housing Fund_Multifamily Program, adopted effective December 5, 1994 (21:24 Md. R. 1987)
Regulation .10C amended effective April 19, 2010 (37:8 Md. R. 614)