0775-01-.12
Mortgage Insurance Programs:
Cite as Tenn. Comp. R. & Regs. 0775-01-.12
(1)
INSURANCE PLANS: The Corporation will offer mortgage insurance plans based on the
loan-to-value ratio of properties eligible for mortgage insurance hereunder. As provided in Rule .09
(1)(j), a mortgage loan of up to, and including one-hundred percent (100% ) of the 11 cost of
rehabilitation" is eligible for mortgage insurance hereunder. However, the mortgage loan shall in no
event exceed a specified percentage of the appraised value of the property as of the date the insurance
certificate is issued or a maximum mortgage loan balance as established in the Rules of Practice.
Insurance coverage shall be restricted to a portion or declared percentage of the outstanding mortgage
balance and other approved costs as provided in Rule .13(4)(b) hereof.
(2)
APPLICATION: Application for THRC mortgage insurance may be made to the Corporation by
forwarding a copy of the approved lender's processing file containing the appropriate exhibits together
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CHAPTER 0775-1
with the appropriate THRC application form and fee and such other documentation or information as
the Corporation may specify from time to time in the Rules of Practice. The application fee is
non-refundable.
(3)
PROCESSING: The Corporation will underwrite the subject application upon receipt of the fully
completed application file. Should there be need for additional information, or if the application is not
approved, the lender will be so notified. If the application is approved for THRC mortgage insurance, a
commitment to insure will be forwarded to the lender. Pursuant to T.C.A. 13-2205 (2)(b) the
Corporation shall regulate all fees and charges which are to be paid by or charged to the mortgagor.
(4)
COMMITMENT TO INSURE: A "commitment to insure" will be issued upon completion of
processing and approval, contingent upon satisfaction of all terms and conditions contained therein, for
THRC mortgage insurance. Such commitment will remain in force for a minimum period of forty-five
(45) days from the date it is issued. If all terms and conditions under which the commitment to insure
has been issued are satisfied and the certificate of THRC mortgage insurance issued prior to
termination of the forty-five (45) day minimum commitment period, no additional application or
commitment fee will be required. If the certificate of THRC mortgage insurance is not issued prior to
the expiration of said forty-five (45) dav minimum commitment period, the commitment to insure is
terminated. However, a "commitment to insure" may initially be for a period greater than the forty-five
(45) day minimum and/or may be extended upon request by the mortgage and the payment of the
commitment fee: in the case of an extension, prior to the expiration of the forty-five (45) day period.
Such commitment fee shall be based upon the commitment period applied for, the mortgage balance to
he insured and, where applicable, insurance of interim financing pursuant to Rule .12(5) hereof. The
Corporation may require periodic verification of the factual circumstances of the approved application
and upon closing of the mortgage loan. A commitment to insure may be terminated by the Corporation
where the factual circumstances under which the application was approved have substantially changed.
Commitment fees are non-refundable.
(5)
INSURANCE OF INTERIM FINANCING: In accordance with T.C.A. 13-2202(2) a commitment to
insure a mortgage loan for a housing accommodation wherein code violations or substandard
conditions exist may include provisions for the insuring of work progress payments or draws paid out
for the "cost of rehabilitation" as the work progresses in such manner as to protect the interests of the
mortgagor and mortgagee. The mortgagee shall retain a specified percentage of each certified payment
request approved by the Corporation. Insurance so provided by the Corporation during the
commitment period will cover a portion of each pa., -ment made by the mortgagee. The percentage of
each payment to be retained by the mortgagee and the portion or declared percentage of said payment
to insured shall be set forth in the subject commitment to insure with other terms and conditions of said
commitment in accordance with the Rules of Practice of the Corporation.
(6)
PREMIUMS AND RENEWAL: The THRC mortgage insurance coverage shall be for a minimum
term of one (1) year and may be renewed annually for the remaining term of the subject mortgage.
Premiums charged shall be based on the insurance program selected as set forth in the Rules of
Practice and the outstanding mortgage balance as of the date the insurance certificate is issued
(effective date of coverage) for the initial one (1) year policy period or each annual anniversary date
thereafter so long as the insurance is in force.
(7)
EFFECTIVE DATE OF COVERAGE: -THRC mortgage insurance" shall become effective as of the
date the "THRC mortgage insurance" certificate is issued, the Date of Mortgage Loan Consummation.
Renewal premiums, return of premiums, cancellation and all other matters regarding a subject
insurance Certificate shall refer to the "effective date of coverage" for computation. The Certificate of
Insurance will not be issued prior to conformance with all terms and conditions of the subject
Commitment to Insure, the return of the executed Commitment to Insure form and payment of the
required premium.
(8)
RISK DISTRIBUTION: To avoid risk concentration, the Corporation shall have the right to regulate
the aggregate outstanding insured mortgage balance, or commitments to insure, held bv any one
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CHAPTER 0775-1
mortgagee or concentrated in any specific geographic area. as determined bv the Corporation. Such
regulation may be based on the number of insured mortgage loans, and/or the aggregate insured
balance, or commitments to insure, as a percent of the Corporation's total aggregate insured balance or
commitments to insure.
(9)
CHANGE OF MORTGAGOR: In the event the property securing an insured mortgage is transferred,
sold, or assigned, coverage will continue on the insured mortgage provided:
(a)
The original mortgagor is not released from the mortgage liability by the lender or
the new owner is approved, in writing, by the Corporation: and
(b)
The existing mortgage loan balance at the time of assumption is not increased with-
out prior written approval of the Corporation.
(10)
CHANGE OF MORTGAGEE (assignment and sale of mortgages): Assignment or sale of an insured
mortgage does not impair coverage, but the Corporation must be promptly advised on the appropriate
THRC form of the sale, the assignee and address, date of sale, Certificate and Master Policy number of
the mortgage sold, and name of mortgagor. Servicing shall be retained by the originating/selling
mortgagee unless the subject mortgage is assigned or sold to another approved mortgagee which will
provide mortgage servicing,
(11)
INTERIM CHANGES: Any loan modification, "add-on" or "open-end" advance, or refinance of
existing mortgages will require prior review and written approval by the Corporation for continued
coverage.
(12)
TERMINATION OF COVERAGE:
(a)
During the initial one (1) year policy period coverage may be terminated by the mortgagee
only if the subject mortgage loan is paid in full;
(b)
During any subsequent annual renewal period coverage shall be terminated specified premium
is not paid as required, if the terms and conditions of the Master Policy. the Commitment to
Insure, and the Certificate are not fully complied with, or if the mortgagee requests
cancellation; and
(c)
Where coverage is terminated or cancelled and the mortgagor is not released from the
mortgage obligation the Corporation shall notify the mortgagor and the mortgagee that the
THRC mortgage insurance is no longer in force for the mortgage.
(13)
RETURN OF PREMIUM: Any premium to.be refunded will be calculated upon a "short-rate" basis
according to the schedule set forth in the Rules of Practice of the Corporation which shall also specify
the "minimum retained premiums" where applicable. Where a claim is pending or satisfied, or during
the Initial Policy Period, if termination is due to any cause other than payment of the mortgage loan in
full, the premium is earned in full and no refund of premium will be made. Refunds will be forwarded
to the mortgagor unless the mortgagee specifically states, in writing, that the premium was not paid by
the mortgagor and such refund should be made to another party.
(14)
MAXIMUM AGGREGATE INSURANCE LIMIT: The Corporation shall not exceed the limit
established in T.C.A. 13-2210 in issuing commitments to insure mortgage loans or certificates of
mortgage insurance. The Board of Directors may, in its discretion, vary the maximum aggregate
insurance limit from time to time, consistent with the provisions of the Act.