National Credit Union Administration |
 | Sec. 760.8 Determination fees.
(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 Director of FEMA's revision or updating of
floodplain areas or flood-risk zones;
(3) Reflects the Director 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 Director 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 Sec.
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.
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