Notice to the servicer may be made electronically or may take the form of a copy of the notice to the borrower. (d) Record of receipt. The national bank or Federal savings association shall retain a record of the receipt of the notices by the borrower and the servicer for the period of time it owns the loan. (e) Alternate method of notice.
Since it is a notice that has to be delivered in writing under Federal law, it would have to be E-Sign. It's Fun To Be in Compliance! Usually, the regulations specifically state that disclosures may be provided by E-SIGN but I don't see that in FDIC Part 339. Did I miss it?
Yes, the regulation does apply; however, a lender need not require borrowers to obtain flood insurance for a building or mobile home located in a community that does not participate in the NFIP, even if the building or mobile home securing the loan is located in an SFHA.
This provision of the BWA will not become effective until the agencies issue implementing regulations. The agencies issued a proposal to implement this and announced in the July 2015 final rule that they will address private flood insurance in a separate, later rulemaking.
The notice presented in appendix A to this part satisfies the borrower notice requirements of the Act.
Our Flood Determination and Flood Notice is mailed out or hand delivered to the borrower along with the GFE and early TIL’s. Generally, we do not have the borrower sign any of the early documents.
The Interagency Questions and Answers address frequently asked questions about the flood insurance requirements of the National Flood Insurance Act of 1968, as amended, and its accompanying regulation.
Page 2 of the flood certification, the Notice of Special Flood Hazards and Availability of Federal Disaster Relief Assistance, must be signed by one or more borrowers at least 10 calendar day prior to closing.
The Flood Disaster Protection Act (FDPA) is designed to ensure that buildings or mobile homes located in federally designated flood hazard areas have adequate flood insurance coverage when financed by federally regulated lenders.
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