These regulations set forth the policies, procedures, and authorization for issuance of loan insurance and credit enhancement under the business reserve established in COMAR 05.06.01.04A and 05.06.06.04A. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means Housing and Community Development Article, Title 3, Subtitle 2, Annotated Code of Maryland, as amended. Business Project. “Business project” means a project located in an area designated as a priority funding area under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland. “Business project” means a project that is: Acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved by a person or an entity for the purposes of carrying on a business whether or not for profit; or Eligible for funding from the Neighborhood Business Development Fund under Housing and Community Development Article, §6-310, Annotated Code of Maryland. “Department” means the Department of Housing and Community Development. “Fund” means the Maryland Housing Fund, and, when appropriate, its authorized officers or personnel. Mortgage. “Mortgage” means a written instrument evidencing or creating a lien against real property to provide collateral to secure the repayment of a debt. “Mortgage” includes a deed of trust. Nonprofit Entity. “Nonprofit entity” means any organization exempt from taxation under the Internal Revenue Code of the United States, 26 U.S.C. §501(c). “Nonprofit entity” includes local development agencies and local development corporations, as defined in Housing and Community Development Article, §4-201, Annotated Code of Maryland, and organizations exempt by reason of a charitable or public purpose. “Nonprofit entity” does not include limited dividend corporations or partnerships. “Secretary” means the Secretary of Housing and Community Development or the Secretary's designee. Real property financed by loans insured by the Fund shall: Have clear and merchantable title acceptable to the Fund; Conform to all applicable federal, State, and local building, zoning, environmental, health, and housing codes; Be insured with hazard insurance issued by a company that is approved by the State Insurance Commissioner and, when applicable, flood insurance; Have an appraised value that is satisfactory to the Fund; Be secured by a lien against the mortgaged property or other collateral acceptable to the Fund; and Meet any other standards of the Fund. Personal property financed by loans insured by the Fund shall: Have clear and merchantable title acceptable to the Fund; Have an appraised value that is satisfactory to the Fund; Be secured by a lien against real property, personal property or other collateral acceptable to the Fund; and Meet any other standards of the Fund. Loan to business project for credit, operating costs and administrative costs insured by the Fund shall: Be secured by a lien against real property, personal property or other collateral acceptable to the Fund; and Meet any other standards of the Fund. A borrower may be an individual, partnership, or any other type of legal entity. A borrower shall establish, to the satisfaction of the Fund, the capacity to meet the financial obligations of the loan. A borrower shall have maintained a credit standing and history of financial management that is acceptable to the Fund. The Department, or any agency of the Department, is an eligible lender approved for insurance issued by the Fund under this chapter. All other lenders shall meet the eligibility requirements of §C or D of this regulation in order to be approved for insurance issued by the Fund. The Fund may approve a lender that is authorized to conduct business in Maryland and that executes a certification that it is: A financial institution that has accounts insured by any agency of the United States; or An institutional lender approved under a federal mortgage or business loan insurance agency. Any for-profit entity, nonprofit entity, or public agency that, in the opinion of the Fund, has as a primary or substantial function of its operation, the making of business project loans, may be approved if it: Presents evidence satisfactory to the Fund of: Responsibility; Financial adequacy; Requisite administrative, technical, and loan servicing capabilities; and Submits an application and all supporting documentation that the Fund may require. Application. A lender shall submit an application, in the form prescribed by the Fund, which shall contain a complete credit package and any other documentation required by the Fund. Underwriting and Appraisal. An application for insurance received from an approved lender may be subject to underwriting and appraisal review in accordance with the requirements of the Fund. Scope of Insurance Coverage. Insurance coverage is limited to economic loss due to a monetary default and does not include loss due to casualty or title risk. Expenses incurred for property repair or replacement resulting from casualty loss, including losses due to negligence, flood, fire, termites, vandalism, theft, and defective construction, are not eligible for coverage. Expenses incurred by the lender in the preservation and normal maintenance of an insured property may be covered in accordance with the terms and conditions of the applicable insurance policy governing the insured loan. Insurance on business project loans may be offered in the following forms: Mortgage or loan insurance; Credit enhancement; Loan guaranty; or Other type of insurance as approved by the Fund covering economic loss due to monetary default. The Fund may offer insurance on loans that are within a pool of loans as described in the applicable insurance policy. The Fund may enter into reinsurance, coinsurance, and risk-sharing arrangements with other insurers and lenders, as approved by the Secretary. To maintain insurance coverage on an existing loan, the following transactions require prior approval of the Fund on terms and conditions acceptable to the Fund: A transfer of any interest in the secured property; An assignment of the insured loan; An assumption of an insured loan; or Any change or modification of the terms of the insured loan. Premiums for insurance shall be determined by the Fund from time to time for various programs and types of insurance. Premiums may be set at different levels for different categories of loans and loan programs depending on the risk factors, which may include the: Depth of insurance coverage; Length of loan term; Financial capability of the borrower; Credit rating of the borrower; and Condition and type of collateral securing loan. The Fund shall maintain a publicly available premium rate sheet with a stated effective date for the premiums. The insured lender shall follow the procedures contained in the insurance policy or agreement upon default of an insured mortgage. The Fund may require a lender at any time to assign a delinquent loan to the Fund and file a claim in the full amount of the insurance. The right of the Fund to pursue a borrower for deficiency or loss exists in every case to the extent allowed by law and may be enforced at the discretion of the Fund. The Fund may refuse payment of a claim on the basis of fraud, misrepresentation, or material error or omission with respect to any claim. Waiver. The Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with the Act or with agreements to which the Fund may be subject if: Conformance to the requirements of any federal, State, or local program in connection with a loan necessitates a waiver or variance of a regulation; or In the written determination of the Secretary, 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. Reconsideration. An applicant or a lender may request reconsideration of a Fund decision that a loan or claim is not eligible under this chapter by submitting a written request to the Secretary within 30 days following the date of the Fund's written decision. The request for reconsideration shall address each reason for the decision and provide documentation that supports reasons for reconsideration of the issues. The Secretary shall respond in writing to the request for reconsideration within 30 days of receiving the request. An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02. The Secretary, in the Secretary's sole discretion, may delegate to an authorized officer of the Department the authority to approve, disapprove, or approve with modifications a request for reconsideration of a determination of ineligibility. 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. 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 insurance documents or Fund certificates. Housing and Community Development Article, §3-207(a), Annotated Code of Maryland Effective date: March 26, 2018 (45:6 Md. R. 317)