The Eleventh Circuit Court of Appeals held in Faire Feaz v. Wells Fargo Bank, N.A., et al., No. 13-10230 (11th Cir. Feb. 10, 2014), that a lender may require a borrower who has a federally-insured mortgage to obtain more flood insurance than the amount required under federal law.
Feaz had obtained a mortgage loan that was guaranteed by the Federal Housing Administration (“FHA”). Feaz’s mortgage contained the following covenant, which is required by federal law for all FHA-guaranteed mortgages:
Readers can download the article in its entirety here.