[Code of Federal Regulations] [Title 7, Volume 11] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1806.6] [Page 1161-1163] TITLE 7--AGRICULTURE CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE PART 1806--INSURANCE--Table of Contents Subpart A--Real Property Insurance Sec. 1806.6 Failure of borrower to provide insurance. When a borrower fails to provide and maintain property insurance which meets the requirements set forth in Sec. 1806.2 of this subpart, every effort will be made to have the borrower provide coverage acceptable to FmHA or its successor agency under Public Law 103-354. It will be emphasized that under the terms of the security instrument, it is the borrower's responsibility to provide and maintain proper insurance coverage. Existing borrowers required to escrow will be notified by letter at least 90 days prior to initiating escrowing for insurance. Failure to provide insurance is a nonmonetary default and will be a consideration in determining if the loan is to be continued. For FP or SFH borrowers not required to escrow, the County Supervisor will obtain insurance coverage and voucher for the insurance premium only in cases where: An unusual and severe hazard, such as recurring fires or unstable ground conditions, exists, or, an SFH borrower on a moratorium is unable to pay the insurance premium and the borrower requests that FmHA or its successor agency under Public Law 103-354 pay the premium. For SFH borrowers required to escrow, force placed insurance will be obtained if the borrower fails to provide acceptable insurance. Borrowers being phased into escrow will be given at least 30 days to obtain coverage, after which force placed insurance will be obtained. If the escrow account contains insufficient funds to pay the insurance when due, the County Supervisor will request the borrower to pay an amount equal to the difference between the premium due and the escrow balance in a lump sum within 30 days after notification. If the borrower fails to remit the amount requested, the amount will be advanced and charged to the borrower's account as a recoverable cost. The amortization period for an advance due to an escrow shortage will be one year. Insurance coverage shall be provided continuously unless the property is acquired by FmHA or its successor agency under Public Law 103-354. The cost of obtaining such a policy shall be advanced and charged to the borrower's account as a recoverable cost. Amortization of the charge will be handled in accordance with Sec. 1951.310 of subpart G of part 1951 of this chapter. If a borrower indebted for other than an FP or SFH loan fails to provide acceptable insurance, the Servicing Official will take the following action: (a) Expired policies. (1) The County Supervisor will request the insurance agency or broker who issued the expired policy to issue a new policy which is acceptable to the FmHA or its successor agency under Public Law 103-354. (i) The new policy will be effective as of the date of the County Supervisor's contact with the insurance agency or broker or as soon thereafter as possible, and will be for a term of one year. If State insurance regulations require a longer term, the State Director will issue a State Instruction authorizing County Supervisors to obtain policies for the minimum period permitted by State insurance regulations. (ii) The FmHA or its successor agency under Public Law 103-354 will be shown in the loss payable clause and in the mortgage clause in the proper order of priority. (iii) Insurance coverage on each building usually will be the same as shown on the expired policy if it meets or exceeds FmHA or its successor agency under Public Law 103-354 requirements. If the coverage shown on the expired policy does not meet FmHA or its successor agency under Public Law 103-354 requirements, proper coverage will be obtained. (iv) The County Supervisor will, if possible, have an automatic renewal provision included in the policy. (v) If the borrower refuses to pay the insurance premium with his own funds or arrange with the agent for subsequent payment by premium not or otherwise, the County Supervisor will pay the amount of the insurance premium in accordance with FmHA or its successor agency under Public Law 103-354 Instruction 2024-A. The amount of the [[Page 1162]] premium payment will be charged to the borrower's FmHA or its successor agency under Public Law 103-354 account with the highest lien priority as a recoverable cost item. (vi) If the insurance agency or broker who issued the expired policy refuses to issue a new policy, the County Supervisor will have the borrower designate in writing another insurance agency or broker from whom the insurance can be obtained. (vii) After the County Supervisor and the borrower exhaust all efforts to obtain acceptable insurance, the County Supervisor will request advice from the State Office as to companies issuing acceptable policies in the State and from which the borrower might be able to obtain an acceptable policy. If the borrower still cannot obtain an acceptable policy from any such company, and the determination has been made to continue with the borrower, the County Supervisor will temporarily accept from the borrower the available insurance policy the FmHA or its successor agency under Public Law 103-354 determines most nearly conforms to the requirements of Sec. 1806.2 of this subpart. (A) In making this determination, the following deficiencies become more objectionable in the order from (1) to (5) paragraphs (a)(1)(vii)(A) of this section: (1) A policy written for an initial term of less than one year. (2) A policy which will insure the most essential buildings but will not cover all essential buildings. (3) A policy which covers major risks such as fire and lightning, but does not include one or more of the other risks specified in Sec. 1806.2(8). (4) A policy for a lesser amount of insurance than is required by Sec. 1806.3. (5) A policy that is issued by a company which is not licensed to do business in the State or otherwise does not meet the requirements of Sec. 1806.3. (B) Whenever adequate insurance becomes available, the County Supervisor will require the borrower to deliver to the County Office an acceptable insurance policy. The temporary policy will be returned to the borrower for cancellation after all losses claimed under the policy have been settled. (C) If the borrower is unable to furnish a property insurance policy of any kind, he is still responsible for the debt in the event of loss. (D) If the County Supervisor accepts an inadequate insurance policy under these conditions or the borrower fails to furnish any insurance policy, the County Supervisor will include in his report to the State Director an explanation of the efforts he and the borrower made to obtain acceptable insurance and his justification for accepting an inadequate policy, or for not obtaining an insurance policy of any kind. (b) Insurance canceled for reasons other than nonpayment of insurance premium. (1) The County Supervisor, immediately upon receipt of a 10-day notice of cancellation for a policy, will urge the borrower to provide acceptable insurance. (2) If the borrower fails to provide acceptable insurance before the cancellation is effective, the County Supervisor will contact the insurance agency or broker who issued the insurance policy to determine the reasons for cancellation and, if possible, have the policy reinstated. (3) If the insurance company will not reinstate the policy, the County Supervisor will attempt to obtain an acceptable insurance policy from another agency or broker in accordance with the provisions of paragraph (a) of this section. (c) Insurance canceled for nonpayment of premium. (1) The County Supervisor, immediately upon receiving a 10-day cancellation notice for a policy, will, if possible, contact the borrower in an effort to have him pay the insurance premium from his own funds or arrange with the agent for subsequent payment by premium note, or otherwise. (2) If the borrower does not pay or arrange to pay the premium before the policy cancellation is effective, the County Supervisor will, before the cancellation becomes effective, notify the insurance company or broker by certified mail (return receipt requested), that the FmHA or its successor agency under Public Law 103-354 as mortgagee (or trustee) will pay the premium for one year to continue the policy in effect for that period. The County Supervisor will, in accordance with FmHA or [[Page 1163]] its successor agency under Public Law 103-354 Instruction 2024-A, pay the amount of the premium for a period of one year. The amount of the premium will be charged to the borrower's loan account as a recoverable cost item. (3) If a property insurance mortgage clause other than Form FmHA or its successor agency under Public Law 103-354 426-2 is used in connection with the policy and the insurance company or broker refuses to accept payment from the FmHA or its successor agency under Public Law 103-354 in this manner to reinstate or continue the policy, the County Supervisor will attempt to obtain an acceptable insurance policy from another insurance company or broker in accordance with the provisions of paragraph (a) of this section. (7 U.S.C. 1989; 42 U.S.C. 1480; 42 U.S.C. 2942; 5 U.S.C. 301; Sec. 10 Pub. L. 93-357, 88 Stat. 392; delegation of authority by the Secretary of Agriculture, 7 CFR 2.23; delegation of authority by the Assistant Secretary for Rural Development, 7 CFR 2.70; delegation of authority by Director OEO 29 FR 14764, 33 FR 9850) [41 FR 34571, Aug. 16, 1976, as amended at 42 FR 33263, June 30, 1977; 43 FR 34430, Aug. 4, 1978; 50 FR 39638, Sept. 30, 1985; 56 FR 6945, Feb. 21, 1991; 57 FR 36590, Aug. 14, 1992] Effective Date Note: At 67 FR 78236, Dec. 24, 2002, Sec. 1806.6 was amended in the introductory text by revising the words ``Sec. 1951.310 of subpart G of part 1951 of this chapter'' to read ``7 CFR part 3550'' effective January 23, 2003. Exhibit A to Subpart A of Part 1806--Escrow Agreement Real Property Insurance Date____________________________________________________________________ (Name of bank)__________________________________________________________ (City or town)__________________________________________________________ (State)_________________________________________________________________ Gentlemen: Attached is Draft No. ------, for $------, issued by the ------------ Insurance Company in payment of ------ loss which damage the buildings on the farm of ------------------, of -------------- County, State of --------------. This draft has been endorsed by the undersigned payees who request that you collect these funds and issue cashier's checks to the following payees for the following amounts: ----------------, First Mortgage $------ ----------------, Second Mortgage $------ ----------------, Third Mortgage $------ The balance only, if any, will be paid to ----------------, the owner of the property. ________________________________________________________________________ First Mortgagee _______________________________________________________ ________________________________________________________________________ Second Mortgagee _______________________________________________________ ________________________________________________________________________ Third Mortgagee _______________________________________________________ ________________________________________________________________________ Owner _______________________________________________________________