Forced Place Insurance
January 5, 2008
Forced place insurance refers to insurance taken out by a bank or creditor on uninsured debtor’s behalf on a property placed as collateral. In case the property is damaged, funding is available to repair it. This type of insurance is most common with flood insurance; the flood insurance regulations of each agency provide notification procedures that should be followed. Forced place insurance can also be purchased for other hazards also.
Guidelines:
• Forced place hazard/flood insurance is general liability insurance for residential and commercial properties and foreclosed properties. It can also cover vacant properties, mobile homes, town houses and condominiums.
• Forced place insurance is a proven hazard insurance program. It has been designed specifically for mortgage lenders and services.
• It provides insurance cover to protect the mortgage collateral against fire and such like property hazards. However, it is most common with flood insurance.
Avoiding Lawsuits:
• The power to force place should be included in the contract note when taking out the mortgage. This will save you a lot of trouble later and prevent lawsuits against lenders placing insurance. The powers and obligations should be spelt out clearly in the loan contract note at the outset.
• If the lender has force placed insurance, do not pass on the charge to the customer that is greater than the actual cost of the insurance. It amounts to retaining a commission, which is liable for litigation.
• If a lender force places hazard insurance, the policy and disclosure letter should be made known to state.
• Insurance procured by the lender for whatever reason and that is not reflected in lender’s record, is also a strong case for later litigation.
• There are laws regulating force placed insurance in Connecticut, New Mexico, Florida, New York, Hawaii, Tennessee, Maryland, Texas and Mississippi.
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