Section 20.11 - Insurance and Title Requirements(a) The Amy Young Barrier Removal Program is excluded from this section, to the extent funded with the Texas HTF.(b) Title Insurance Requirements. A "Mortgagee's Title Insurance Policy" is required for all Department Mortgage Loans, exclusive of subordinate lien Mortgage Loans for down payment assistance and closing costs.(1) The title insurance policy shall be issued by an entity that is licensed and in good standing with the Texas Department of Insurance.(2) The policy must be in the amount of the Mortgage Loan. The mortgagee named shall be: "Texas Department of Housing and Community Affairs."(3) The policy must include survey deletion coverage.(c) Title Reports. (1) Title reports are acceptable only for grants.(2) Title reports must disclose the current ownership, easements, restrictions, and liens relating to the property, and include a search for judgements, mortgages or liens, affidavits, deed restrictions, building setback and easements, and any other factors which may impair the good and marketable title to the property.(3) The preliminary title report may not be older than six months from the date of submission of the Activity to the Department.(d) Builder's Risk. Builder's Risk (non-reporting form only) is required when the Department provides construction funds for a Single Family Housing Unit. At the end of the construction period, the binder must be endorsed to remove the "pending disbursements" clause.(e) Hazard Insurance. If Department funds are provided in an amount that exceeds $20,000, then: (1) The Department requires property insurance for fire and extended coverage;(2) Homeowner's policies or package policies that provide property and liability coverage are acceptable. All risk policies are acceptable;(3) The amount of hazard insurance coverage should be no less than 100% of the current insurable value of improvements as of the date of Mortgage Loan closing or effective date of the grant agreement; and(4) The Department must be named as a loss payee and mortgagee on the hazard insurance policy for any Activity receiving a Mortgage Loan from the Department.(f) Flood Insurance. Flood insurance must be maintained for all structures located in special flood hazard areas as determined by the U.S. Federal Emergency Management Agency (FEMA).(1) A Household may elect to obtain flood insurance even though flood insurance is not required. However, the Household may not be coerced or required to obtain flood insurance unless it is required in accordance with this section.(2) Evidence of insurance, as required in this chapter, must be obtained prior to Mortgage Loan funding for acquisition only projects. For activities involving construction, evidence of hazard insurance must be submitted prior to Mortgage Loan funding, and evidence of flood insurance, if required, must be provided prior to payment of retainage. A one year insurance policy must be paid. For Amortizing Mortgage Loans, a minimum of two months of reserves must be collected at the closing of the Mortgage Loan. The Department must be named as the loss payee on the policy.10 Tex. Admin. Code § 20.11
The provisions of this §20.11 adopted to be effective November 1, 2012, 37 TexReg 8470; Amended by Texas Register, Volume 39, Number 44, October 31, 2014, TexReg 8596, eff. 11/9/2014; Amended by Texas Register, Volume 40, Number 48, November 27, 2015, TexReg 8639, eff. 12/6/2015; Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4124, eff. 8/24/2017; Adopted by Texas Register, Volume 44, Number 43, October 25, 2019, TexReg 6337, eff. 10/31/2019; Adopted by Texas Register, Volume 46, Number 52, December 24, 2021, TexReg 9002, eff. 1/2/2022; Adopted by Texas Register, Volume 49, Number 12, March 22, 2024, TexReg 1899, eff. 3/28/2024