The current funding authorization for the National Flood Insurance Program (NFIP) will expire on September 30, 2025, without Congressional action. The last long-term reauthorization of the NFIP occurred 13 years ago under the Biggert-Waters Flood Insurance Reform Act of 2012. Since then, Congress has only been able to reauthorize the program via short-term spending measures. If the NFIP is allowed to lapse on September 30th, borrowers will not be able to purchase new flood insurance contracts. Existing NFIP contracts will remain in effect until the end of their current one-year policy term. However, per the interagency Q&A regarding flood insurance, credit unions are permitted to close loans secured by property located in a special flood hazard area during the lapse period considering all of the following: They obtain a Standard Flood Hazard Determination in connection with the transaction, They provide the Notice of Special Flood Hazards within a reasonable period of time prior to closing, At its discretion, the credit union can require that closing be postponed until the NFIP is available again, At its discretion, the credit union can require that the borrower purchase a private flood insurance policy, and For loans closed during the lapse period without coverage, the credit union must have policies and procedures in place to require the purchase of flood insurance as soon as the NFIP is again active.
On September 3rd, Fannie Mae issued Selling Guide Announcement SEL-2025-07 , amending its reconsideration of value (ROV) requirements that went into effect in October 2024. Under the original rule, sellers were required to provide an ROV disclosure both at the time of application and again upon delivery of the appraisal copy to the applicant. The rule has been amended to require delivery of the ROV disclosure only at the time the appraisal copy is provided to the applicant. Freddie Mac followed suit in Bulletin 2025-12 and also removed the dual disclosure requirement. These changes come following HUD's elimination of all borrower-initiated ROV requirements in connection with FHA-insured loans.
Yesterday, the National Credit Union Administration (NCUA) announced that it has removed all references to disparate impact liability from its Fair Lending Guide and other materials. Furthermore, the agency contends that its examination and supervision processes will no longer review for disparate impact. This was done in response to President Trump's executive order - Restoring Equality of Opportunity and Meritocracy. That order directed the heads of all federal agencies to eliminate the use of disparate impact liability in their regulations, policies, and practices. While the executive order and the NCUA's subsequent actions has lessened the compliance risk associated with disparate impact, credit unions must not lose sight of the other types of fair lending risk. For example, in a case from 2015, the United States Supreme Court held that disparate impact claims are cognizable under the Fair Housing Act. As a result, the legal risk associated with this theory of discrimination is very much alive and well.
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