Md. Code Regs. 05.06.04.07

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

Section 05.06.04.07 - Eligible Loans - Environmental and Insurance Conditions

A. Environmental Conditions.

(1) Compliance with Law. The lender shall require the sponsor to certify that each mortgage loan to be insured by the Fund is in compliance with applicable local, State, and federal environmental laws and Regulations.

(2) Permits. Before loan closing, the sponsor shall secure any required permits from the Department of Natural Resources and the political subdivision in which the project is located.

(3) Screening and Investigation.

(a) The lender may be required, at the discretion of the Fund, to require a sponsor to have a screening of the proposed site conducted for environmental conditions, such as man-made hazards, storm water runoff, underground storage tanks, lead-based paint, radon gas, PCBs, asbestos, and other environmental hazards within the meaning of the environmental laws referred to in §A(1) of this regulation.

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

(4) Registration. For properties built before 1950, the sponsor shall keep the property registered with the Maryland Department of the Environment under Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland.

B. Title Insurance.

(1) The sponsor shall provide to the lender a standard American Land Title Association Loan Policy or other form of title insurance policy approved by the Administration and the Office of the Attorney General 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 sponsor and containing only exceptions and encumbrances approved by the lender, the Fund, and the Office of the Attorney General.

(2) The Fund, in its discretion, may require the title insurance policy to include ALTA endorsement form 100, comprehensive coverage, and ALTA endorsement form 8.1, environmental coverage, and such other endorsements as may be required by the lender and the Fund.

(3) The title insurance policy shall be accompanied by a survey certified in the manner required by the 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 lender, the Fund, and the Office of the Attorney General. The title insurance policy may not contain any survey exceptions.

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 sponsor shall provide evidence that the sponsor, 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. 05.06.04.07

Regulation .07C amended effective April 19, 2010 (37:8 Md. R. 614)