42 U.S.C. §4104b — Standard hazard determination forms

flood-42usc-4104b

42 U.S.C. §4104b requires use of the Standard Flood Hazard Determination Form for every loan secured by improved real estate or a mobile home.

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source:
  type: regulation
  id: flood-42usc-4104b
  authority: 42 U.S.C. §4104b — Standard hazard determination forms
  description: |
    42 U.S.C. §4104b requires use of the Standard Flood Hazard Determination
    Form for every loan secured by improved real estate or a mobile home.
obligations:
  - id: flood-42usc-4104b-c-required-use-of-sfhdf
    canonical_id: flood-42usc-4104b-c-required-use-of-sfhdf
    section: 42 U.S.C. §4104b(c) — Required use of Standard Hazard Determination Form
    description: |
      [LENDER], as a regulated lending institution (and any Federal agency
      lender, Fannie Mae, Freddie Mac, or Ginnie Mae purchasing loans), must
      use the Standard Flood Hazard Determination Form developed under
      §4104b(a) for every loan secured by improved real estate or a mobile
      home. [LENDER] may comply by using the form in printed, computerized,
      or electronic format.
    type: do
    audit_question: For every loan [LENDER] originates, increases, extends, renews, or purchases that is secured by improved real estate or a mobile home, can [LENDER] evidence completion and retention of the Standard Flood Hazard Determination Form under §4104b(c)?
    program_review: Do the P&Ps ensure a Standard Flood Hazard Determination Form is completed and retained for every loan secured by improved real estate or a mobile home that [LENDER] makes, increases, extends, renews, or purchases (printed, computerized, or electronic acceptable)?
    file_review: Pull the SFHDF in sampled covered loans; confirm completion and retention. Objective presence check.
    judgment: false
    feeds: []
    workflow_phase: origination
    owner_role: compliance_officer
    secondary_owner_role: default_servicing_analyst
    cadence: per-loan-event
    consequence: Civil monetary penalty under §4012a(f)(2)(A)(iii) for pattern-or-practice failure to comply with the §4104b notice requirements; loan ineligibility for federal program backing.
    tags:
      - round-b
      - regulator-direct
      - flood
      - sfhdf
      - origination
      - promoted
    primary_source:
      tier: 1
      authority: 42 U.S.C. §4104b(c)
      source_class: flood-statute
      source_url: https://www.law.cornell.edu/uscode/text/42/4104b
      snapshot_id: 8f5c63db1c510028
      fetched_at: '2026-05-22T18:52:39Z'
      content_hash: sha256:dda559704556b6a0055b188d2d4edf078208c65c2889ee19975d6c5c3b03c1e7
      paragraph_quote: The Federal entities for lending regulation shall by regulation require the use of the form under this section by regulated lending institutions . Each Federal agency lender shall by regulation provide for the use of the form with respect to any loan made by such Federal agency lender. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation and the Government National Mortgage Association shall require the use of the form with respect to any loan purchased by such entities. A lender or other person may comply with the requirement under this subsection by using the form in a printed, computerized, or electronic manner.
      drafter_attestation: |
        Copied verbatim from snapshot 8f5c63db1c510028 (content.txt) at
        2026-05-22T19:05Z. Substring is the §4104b(c) required-use
        paragraph in its entirety.
    promoted_at: '2026-05-22T19:02:51+00:00'
    promoted_from: flood-42usc-4104b-roundb-v1.yaml
  - id: flood-42usc-4104b-d-third-party-accuracy-guarantee
    canonical_id: flood-42usc-4104b-d-third-party-accuracy-guarantee
    section: 42 U.S.C. §4104b(d) — Guarantees regarding information
    description: |
      When [LENDER] outsources the SFHDF determination to a third party
      (flood-determination vendor), [LENDER] may rely on that vendor's
      determination only to the extent the vendor guarantees the accuracy of
      the special-flood-hazard information provided on the form.
    type: do
    audit_question: For every loan where [LENDER] used a third-party flood-determination vendor, can [LENDER] evidence the vendor's contractual accuracy guarantee for the SFHDF information as required by §4104b(d)?
    program_review: Does the program account for the third-party-determination rule — relying on a flood-determination vendor's SFHDF only to the extent the vendor guarantees the accuracy of the special-flood-hazard information?
    file_review: Spot-check vendor-determined files for the contractual accuracy guarantee covering the SFHDF information. Objective presence check of the guarantee.
    judgment: false
    feeds: []
    workflow_phase: origination
    owner_role: compliance_officer
    secondary_owner_role: default_servicing_analyst
    cadence: per-vendor-onboarding
    consequence: Loss of safe-harbor reliance on third-party determination; §4012a violation exposure if vendor determination is wrong.
    tags:
      - round-b
      - regulator-direct
      - flood
      - vendor-management
      - sfhdf
      - promoted
    primary_source:
      tier: 1
      authority: 42 U.S.C. §4104b(d)
      source_class: flood-statute
      source_url: https://www.law.cornell.edu/uscode/text/42/4104b
      snapshot_id: 8f5c63db1c510028
      fetched_at: '2026-05-22T18:52:39Z'
      content_hash: sha256:dda559704556b6a0055b188d2d4edf078208c65c2889ee19975d6c5c3b03c1e7
      paragraph_quote: In providing information regarding special flood hazards on the form developed under this section, any lender (or other person required to use the form) who makes, increases, extends, or renews a loan secured by improved real estate or a mobile home may provide for the acquisition or determination of such information to be made by a person other than such lender (or other person) , only to the extent such person guarantees the accuracy of the information.
      drafter_attestation: |
        Copied verbatim from snapshot 8f5c63db1c510028 (content.txt) at
        2026-05-22T19:05Z. Substring is the §4104b(d) guarantee
        paragraph in its entirety.
    promoted_at: '2026-05-22T19:02:51+00:00'
    promoted_from: flood-42usc-4104b-roundb-v1.yaml
  - id: flood-42usc-4104b-e-reliance-on-previous-determination
    canonical_id: flood-42usc-4104b-e-reliance-on-previous-determination
    section: 42 U.S.C. §4104b(e) — Reliance on previous determination
    description: |
      [LENDER] increasing, extending, renewing, or purchasing a loan secured
      by improved real estate or a mobile home may rely on a previous SFHA
      determination (and is not liable for any error in such previous
      determination) only if the previous determination was made not more
      than 7 years before the date of the transaction and the basis for the
      previous determination has been set forth on a §4104b form — UNLESS
      (1) map revisions or updates under 42 U.S.C. §4101(f) after the
      previous determination placed the property in an SFHA, or (2) [LENDER]
      contacted the Administrator to determine recent map revisions and
      those revisions occurred after the previous determination.
    type: do
    audit_question: For every loan where [LENDER] relied on a prior flood determination, can [LENDER] evidence (i) the prior determination was made within 7 years, (ii) it was recorded on a §4104b form, and (iii) no subsequent map revision under 42 U.S.C. §4101(f) placed the property in an SFHA?
    program_review: Does the program account for the prior-determination reliance conditions — relying on a previous SFHA determination only if it was made within 7 years, recorded on a §4104b form, and no §4101(f) map revision since placed the property in an SFHA?
    file_review: Spot-check files relying on a prior determination; confirm the 7-year window, the form record, and that no intervening map revision placed the property in an SFHA. The compliance person judges whether the map-revision check was adequate.
    judgment: true
    feeds: []
    workflow_phase: origination
    owner_role: compliance_officer
    secondary_owner_role: default_servicing_analyst
    cadence: per-loan-event
    consequence: Loss of §4104b(e) liability shield; §4012a violation if reliance is unfounded.
    tags:
      - round-b
      - regulator-direct
      - flood
      - sfhdf
      - reliance
      - promoted
    primary_source:
      tier: 1
      authority: 42 U.S.C. §4104b(e)
      source_class: flood-statute
      source_url: https://www.law.cornell.edu/uscode/text/42/4104b
      snapshot_id: 8f5c63db1c510028
      fetched_at: '2026-05-22T18:52:39Z'
      content_hash: sha256:dda559704556b6a0055b188d2d4edf078208c65c2889ee19975d6c5c3b03c1e7
      paragraph_quote: Any person increasing, extending, renewing, or purchasing a loan secured by improved real estate or a mobile home may rely on a previous determination of whether the building or mobile home is located in an area having special flood hazards (and shall not be liable for any error in such previous determination), if the previous determination was made not more than 7 years before the date of the transaction and the basis for the previous determination has been set forth on a form under this section, unless—
      drafter_attestation: |
        Copied verbatim from snapshot 8f5c63db1c510028 (content.txt) at
        2026-05-22T19:05Z. Substring is the §4104b(e) reliance headline;
        the (1)/(2) exceptions are paraphrased in description.
    promoted_at: '2026-05-22T19:02:51+00:00'
    promoted_from: flood-42usc-4104b-roundb-v1.yaml
  - id: flood-42usc-4104b-e-reliance-on-previous-determination-enumerated-items
    canonical_id: flood-42usc-4104b-e-reliance-on-previous-determination-enumerated-items
    section: 42 U.S.C. §4104b(e) — Reliance on previous determination — enumerated items (chapeau recall fix)
    description: The enumerated provisions following the chapeau of 42 U.S.C. §4104b(e) — Reliance on previous determination, dropped by the original extraction and restored verbatim from the snapshot.
    type: do
    audit_question: ''
    program_review: ''
    file_review: ''
    judgment: false
    feeds: []
    workflow_phase: ''
    owner_role: ''
    secondary_owner_role: ''
    cadence: ''
    consequence: ''
    tags:
      - chapeau-recall
      - regulator-direct
      - promoted
    primary_source:
      tier: 1
      authority: 42 U.S.C. §4104b(e)
      source_class: flood-statute
      source_url: https://www.law.cornell.edu/uscode/text/42/4104b
      snapshot_id: 8f5c63db1c510028
      fetched_at: '2026-05-22T18:52:39Z'
      content_hash: sha256:dda559704556b6a0055b188d2d4edf078208c65c2889ee19975d6c5c3b03c1e7
      paragraph_quote: (1) map revisions or updates pursuant to section 4101(f) of this title after such previous determination have resulted in the building or mobile home being located in an area having special flood hazards; or (2) the person contacts the Administrator to determine when the most recent map revisions or updates affecting such property occurred and such revisions and updates have occurred after such previous determination.
      drafter_attestation: Captured verbatim (whitespace-normalized) from snapshot 8f5c63db1c510028 as the enumerated list immediately following the chapeau 'th on a form under this section, unless—'. List boundary captured conservatively — REVIEW the end boundary before promote.
    promoted_at: '2026-06-16T19:35:51+00:00'
    promoted_from: flood-42usc-4104b-chapeau-recall-v1.yaml
    source_provenance:
      source_id: flood-42usc-4104b
      fetched_at: '2026-05-22T18:52:39Z'
      content_hash: sha256:dda559704556b6a0055b188d2d4edf078208c65c2889ee19975d6c5c3b03c1e7
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Verbatim regulatory text (4)

Verbatim provisions from 42 U.S.C. §4104b — Standard hazard determination forms — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

42 U.S.C. §4104b(c) — Required use of Standard Hazard Determination Form

The Federal entities for lending regulation shall by regulation require the use of the form under this section by regulated lending institutions . Each Federal agency lender shall by regulation provide for the use of the form with respect to any loan made by such Federal agency lender. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation and the Government National Mortgage Association shall require the use of the form with respect to any loan purchased by such entities. A lender or other person may comply with the requirement under this subsection by using the form in a printed, computerized, or electronic manner.

Source: 42 U.S.C. §4104b(c) · source URL · snapshot 8f5c63db1c510028

42 U.S.C. §4104b(d) — Guarantees regarding information

In providing information regarding special flood hazards on the form developed under this section, any lender (or other person required to use the form) who makes, increases, extends, or renews a loan secured by improved real estate or a mobile home may provide for the acquisition or determination of such information to be made by a person other than such lender (or other person) , only to the extent such person guarantees the accuracy of the information.

Source: 42 U.S.C. §4104b(d) · source URL · snapshot 8f5c63db1c510028

42 U.S.C. §4104b(e) — Reliance on previous determination

Any person increasing, extending, renewing, or purchasing a loan secured by improved real estate or a mobile home may rely on a previous determination of whether the building or mobile home is located in an area having special flood hazards (and shall not be liable for any error in such previous determination), if the previous determination was made not more than 7 years before the date of the transaction and the basis for the previous determination has been set forth on a form under this section, unless—

Source: 42 U.S.C. §4104b(e) · source URL · snapshot 8f5c63db1c510028

42 U.S.C. §4104b(e) — Reliance on previous determination — enumerated items (chapeau recall fix)

(1) map revisions or updates pursuant to section 4101(f) of this title after such previous determination have resulted in the building or mobile home being located in an area having special flood hazards; or (2) the person contacts the Administrator to determine when the most recent map revisions or updates affecting such property occurred and such revisions and updates have occurred after such previous determination.

Source: 42 U.S.C. §4104b(e) · source URL · snapshot 8f5c63db1c510028