ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

How to Prepare for a Lapse in the NFIP

November 28, 2018
Reading Time: 3 mins read

By Diana Banks

Flood insurance is required on loans secured by properties located or to be located within Special Flood Hazard Areas, which encompass many coastal and waterfront communities. The National Flood Insurance Program, administered by the Federal Emergency Management Agency, is the only insurance broadly available for flood coverage in most parts of the nation.

As a federal program, the NFIP operates under congressional authority and relies on congressional authorization. When the NFIP lapses, either due to a shutdown of the federal government or because Congress does not reauthorize it, many loan closings in these areas are delayed or otherwise complicated, resulting in additional costs and borrower frustrations.  Unfortunately, the potential for lapse has become increasingly common, with nine short-term extensions of the program and two brief lapses since 2016. The current authorization for the NFIP will expire at midnight on Friday, May 31, 2019.

The American Bankers Association continues to advocate for a long-term reauthorization of the NFIP, along with appropriate and necessary reforms to address the program’s sustainability, affordability and availability. However, given the program’s volatility in recent years, it is good practice to prepare for potential lapses.

What to do before a lapse

Lenders should be prepared and have a plan to avoid the potential disruption to loans scheduled to close during a lapse. Loans that require flood insurance can still close during a lapse in the NFIP, either by following certain NFIP and regulatory guidelines and ensuring that a system is in place to obtain policies as soon as the NFIP is reauthorized, or by obtaining private flood insurance.

The prudential regulators—the FDIC, OCC and Federal Reserve—have each released guidance on what to do if the NFIP lapses. This guidance was originally issued in 2010, but remains applicable in the event of any lapse. It is well worth the time to review the appropriate guidance and consult with counsel to apply it to the bank’s specific business operations. Additionally, FEMA usually releases guidance after a lapse, which can be found here.

Remember: flood determinations, disclosures and notices to borrowers and other regulatory requirements must continue during a lapse. It’s also important to evaluate safety and soundness risk and adequately document the bank’s management of those risks during a lapse. Remember to consider the overall portfolio risk created by a lapse in coverage, particularly if the bank has a significant amount of loans secured by property located in a special flood hazard area.

Borrowers with existing NFIP policies should be advised to consider renewing their policies early if their renewal date falls within a potential lapse. For example, if the current NFIP authorization expires on May 31, and a policy is scheduled to renew on May 15, it may be prudent for the borrower to pay the renewal premium prior to April 30. That would ensure continued coverage for the property even in the event of a lapse, and FEMA would still have authority to ensure the payment of valid claims with available funds.

What to do after a lapse

Once the program has been reauthorized, remember to check whether the reauthorization is retroactive. Retroactivity determines the effective date of coverage for any policies applied for during the lapse. If the reauthorization is retroactive to the date of the program lapse, then policies are effective as of the date of application and payment. If the reauthorization is not retroactive, then policies are not effective until the actual date of reauthorization, at the earliest. This means that any losses sustained during the lapse are not recoverable under the NFIP. Bankers and borrowers would benefit from reviewing and understanding this risk.

Diana Banks is senior counsel for ABA’s Center for Regulatory Compliance. 

Tags: Flood insurance
ShareTweetPin

Author

Monica C. Meinert

Monica C. Meinert

Monica C. Meinert is a senior editor at the ABA Banking Journal and VP for executive communications at the American Bankers Association.

Related Posts

ABA-backed bill to ban abusive trigger leads signed into law

ABA-backed bill to ban abusive trigger leads signed into law

Mortgage
September 5, 2025

President Trump signed into law a bill prohibiting credit reporting firms from selling mortgage applicant information to lenders who then barrage those same consumers with unwanted solicitations.

ABA urges FinCEN to reevaluate BOI collection burden on banks

FinCEN, banking agencies issue guidance on cross-border information sharing

Compliance and Risk
September 5, 2025

FinCEN and U.S. banking agencies released guidance for financial institutions on how to share financial information with their counterparts in other countries without running afoul of the Bank Secrecy Act.

U.S. international trade deficit decreased in March

ABA DataBank: Trade policy weighs on shipping rates

Economy
September 5, 2025

China–U.S. West Coast spot rates are down 68% from June, signaling an earlier, truncated peak season. Importers are pulling back amid tariff whiplash and softer demand.

Mortgage rates fall

Mortgage rates fall

Economy
September 4, 2025

The rate for a 30-year fixed-rate mortgage was 6.5% this week. The rate for a 15-year fixed-rate mortgage was 5.6%.

Fed nominee Miran stresses central bank independence

Fed nominee Miran stresses central bank independence

Economy
September 4, 2025

Independence of monetary policy is a critical element for the Federal Reserve’s success, economist Stephen Miran said during his nomination hearing for an open seat on the Fed board.

House lawmakers propose federal studies on AI in financial services, housing

House committee advances ABA-backed cybersecurity bill

Compliance and Risk
September 4, 2025

The House Homeland Security Committee advanced legislation to extend an existing law that enables the federal government to share real-time information about cyberthreats with the private sector.

NEWSBYTES

ABA-backed bill to ban abusive trigger leads signed into law

September 5, 2025

FinCEN, banking agencies issue guidance on cross-border information sharing

September 5, 2025

ABA DataBank: Trade policy weighs on shipping rates

September 5, 2025

SPONSORED CONTENT

The Connectivity Dividend

The Connectivity Dividend

September 1, 2025

Building Trust with Every Transaction

September 1, 2025
10 Essentials of a New Loan Origination System

10 Essentials of a New Loan Origination System

August 29, 2025
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

August 1, 2025

PODCASTS

Demographic trends shaping the U.S. banking outlook

July 30, 2025

Podcast: How institutional banking helps build one regional bank’s strategy

July 24, 2025

The future of careers in risk and compliance

July 17, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.