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<regulation prefix="Regulation" num=".11" citation="COMAR 05.06.04.11" title_num="05" subtitle_num="06" chapter_num="04" heading="Mortgage Insurance Conditions.">
  <paragraph num="A.">
    <text>Appraisal.</text>
    <paragraph num="(1)">
      <text>The Fund requires an appraisal report acceptable to the Fund, in its sole discretion, prepared by a qualified appraiser, before approval of any loan for mortgage insurance.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An appraisal shall show the:</text>
      <paragraph num="(a)">
        <text>Current market value of the property; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Expected value of the property after completion of the proposed improvements, if any.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Types of Insurance Coverage.</text>
    <paragraph num="(1)">
      <text>The Fund may insure a construction loan for a period of 12 months and, depending upon the size and complexity of a project, may renew the insurance for one additional 12-month term.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Fund may insure a permanent loan for up to 30 years, except that, if the Administration elects to fund the project initially from a source other than proceeds of tax-exempt bonds, then the term may not exceed 31 years and 6 months.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Fund may not insure construction advances only, without also insuring the permanent mortgage.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Processing and Closing Fees.</text>
    <paragraph num="(1)">
      <text>The sponsor shall pay a processing fee in an amount to be determined in accordance with the schedule of premiums and fees established under Regulation .10 of this chapter. The processing fee shall be paid to the Fund at or before closing. The Fund may waive or postpone the payment of the processing fee at its sole discretion.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The sponsor shall pay a closing fee at or before the initial endorsement of the loan for insurance, in an amount to be determined in accordance with the schedule of premiums and fees established under Regulation .10 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Insurance Premiums.</text>
    <paragraph num="(1)">
      <text>Permanent Financing.</text>
      <paragraph num="(a)">
        <text>The initial and annual renewal premiums for a mortgage loan for permanent financing shall be determined in accordance with the schedule of premiums and fees established under Regulation .10 of this chapter.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When a permanent loan is insured by the Fund following Fund insurance of a construction loan, the annual renewal rather than initial premium for the permanent loan shall be charged.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Construction or Rehabilitation Financing.</text>
      <paragraph num="(a)">
        <text>The premium for insurance of a mortgage loan for construction or rehabilitation advances shall be determined in accordance with the schedule of premiums and fees established under Regulation .10 of this chapter.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For public lenders, construction insurance may be renewed for one period of 6 months. The renewal premium shall be determined in accordance with the schedule of premiums and fees established under Regulation .10 of this chapter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>There may not be refunds or credits for completion of construction in less than the initial 12 months or any renewal period.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Refund of Mortgage Premium. The premium, or any portion of it, is not refundable except when an insured mortgage is prepaid in full. In those cases, no further premiums are due and a portion of the premium paid for the year shall be refunded in accordance with the short rate cancellation schedule.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Effective Date.</text>
    <paragraph num="(1)">
      <text>The mortgage insurance is effective as of the date the loan is closed if the:</text>
      <paragraph num="(a)">
        <text>Fund has received payment of the required premium and fees; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Lender has certified to the Fund that all conditions of the loan and insurance commitments have been fulfilled.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Insurance extends only to the amount of funds disbursed under a construction or rehabilitation loan.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Incontestability. Any evidence of insurance issued by the Fund under the Act is conclusive evidence of the eligibility of the mortgage loan for insurance, and this insurance is incontestable, except as to defenses based on fraud or misrepresentation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Loan Assignment.</text>
    <paragraph num="(1)">
      <text>Assignment by the lender of a loan insured by the Fund does not impair insurance coverage, if the:</text>
      <paragraph num="(a)">
        <text>New lender is determined to be an eligible lender under the requirements in Regulation .08 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Fund is advised in writing of the:</text>
        <paragraph num="(i)">
          <text>Assignment,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Name of the assignor and its address,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Name of the assignee and its address,</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Proposed date of the assignment, and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Policy number of loans to be assigned.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Loan servicing by the lender may not be transferred without the approval of the Fund.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Insurance Termination. Insurance coverage may be terminated, at the sole option of the Fund and without liability to the Fund, if:</text>
    <paragraph num="(1)">
      <text>The lender requests cancellation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A claim is satisfied by the Fund;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The mortgage loan is paid in full;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A renewal premium is not paid by the lender or sponsor after receipt of a notice from the Fund;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The loan terms are modified without the prior written consent of the Fund;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>There is any change in the identity of the sponsor without the prior written consent of the Fund;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The property is transferred, sold, conveyed, or encumbered other than by operation of law, without the prior written approval of the Fund; or</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The lender assigns the loan in contravention of the requirements under §G of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>