<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".24" citation="COMAR 05.06.01.24" title_num="05" subtitle_num="06" chapter_num="01" heading="General Provisions.">
  <paragraph num="A.">
    <text>Lender Assignments.</text>
    <paragraph num="(1)">
      <text>Insured loans may not be assigned to another lender without prior written notice to and approval of the Fund. A request for assignment of an insured loan shall be accompanied by submission of an application fee and supporting documentation as may be required by the Fund.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Servicing of insured loans may not be transferred by the insured lender to another servicer without prior written notice to and approval of the Fund.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Changes in Identity of Borrower, General Contractor, or Management Agent. The identity of the borrower or, if a partnership, the managing project's general partner, the identity of the general contractor, and the identity of the management agent may not be changed or substituted after the initial endorsement of an insured loan without prior written notice to and approval of the Fund.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Incontestability. Evidence of insurance issued by the Fund under the Act is conclusive evidence of the eligibility of the insured loan for insurance. This insurance is incontestable except as to defenses based on fraud or misrepresentation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Books and Accounts.</text>
    <paragraph num="(1)">
      <text>The lender shall require the borrower and its contractors, subcontractors, representatives, accountants, record keepers, and management agents to maintain such books, accounts, and records as the Fund may require. The borrower shall file with the lender such financial, operating, and other reports as the Fund may require.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The books, accounts, and records required to be maintained are open to the inspection of representatives of the Fund or other agencies of the State during reasonable working hours.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Books, accounts, and records of:</text>
      <paragraph num="(a)">
        <text>The lender shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the lender and the Fund;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The lender shall, with respect to each specific insured loan, be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between the borrower and the lender; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Contractors and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationships between the contractor or subcontractor and the borrower.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Specific information regarding the qualification of lenders, borrowers, and projects, the underwriting of insurance, and claims procedures is provided by the Fund.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act or with agreements to which the Fund may be subject if:</text>
    <paragraph num="(1)">
      <text>Conformance to the requirements of any federal agency for any project with respect to which federal assistance is sought necessitates a waiver or variance of a regulation; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In the written determination of the Secretary:</text>
      <paragraph num="(a)">
        <text>The application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A waiver would not be materially adverse to bondholders or others relying on the multifamily insurance reserve of the Fund, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Office of the Attorney General has approved the form and legal sufficiency of the waiver.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>False Statements. A borrower or lender who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department's action, is subject to cancellation of insurance, in addition to the criminal penalties authorized by the Act.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Delegation. The Secretary may delegate to the Director of the Fund or to any other official or employee of the Department or the Fund the authority to execute or approve any program documents or loan documents, including commitments and letters of intent.</text>
  </paragraph>
</regulation>