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Old 10-01-2010, 03:48 PM
 
Location: NoVa
127 posts, read 355,605 times
Reputation: 44

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As far as I have learned from our insurance it's against the law for a lender to force a borrower to over-insure in the State of Virginia.
According to this our insurance covers the worth of the house but not the whole amount of the loan, since this also includes the property the house sits on.
Did anybody else have issues with their mortgage underwriter concerning this?
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Old 11-17-2011, 08:11 AM
 
1 posts, read 3,609 times
Reputation: 10
We are going through a re-fi and the MLO asked us to up our coverage to cover the amount of the loan. Our insurance company told us that Virginia law will not allow this practice. Our insurance company told me that Virginia Law 6.2412 applies.

Because my lender is based in Kentucky, he was not aware of this law. So far we are in a holding pattern while he determines whether additional documentation is needed to exempt us from their coverage requirements.
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Old 11-17-2011, 07:28 PM
 
Location: Northern Virginia
4,489 posts, read 10,941,268 times
Reputation: 3699
I know the OP is old, but we just went through this with our mortgage. We finally gave up and insured up to the value of the loan. We didn't have time to argue, and our mortgage broker (despite being local) was insistent that we had to insure the value of the loan or it wouldn't go through.
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Old 11-18-2011, 11:25 AM
 
121 posts, read 469,527 times
Reputation: 37
I did the same as the poster above, the difference in premium was so little it made no sense to argue with the mortgage people. though you would think that there would be some bit of professionalism within that industry (i.e. that they would know what they were talking about). my insurance rep was willing to fax documents etc stating the law to the mortgage people but it wasn't worth the effort.
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Old 11-18-2011, 12:03 PM
 
Location: MID ATLANTIC
8,673 posts, read 22,905,462 times
Reputation: 10512
If you have 100% replacement cost, they cannot require you to carry excess insurance. The key word in this is 100%. Many of the insurers will not use this language, which does permit lenders to require the full loan amount. The exception is, if the replacement cost is complete on the appraisal, it would be the loan amount, minus the value of the land.

Anyone fighting this should contact VA's State Corporation Commission at Virginia SCC - Bureau of Insurance or call 1800-552-7945 (Virginia only). I would normally tell someone to complain to the mortgage company's regulatory agency (OCC, OTS), but I suspect you would get faster action if the complaint came to the mortgage company via a State Agency (especially with Ken Cuccinelli at the helm).
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Old 11-18-2011, 12:47 PM
 
Location: New-Dentist Colony
5,759 posts, read 10,719,093 times
Reputation: 3955
A while back, we got a letter from Wells Fargo (our lender) saying it looked like we might not have enough coverage on our 1940 Cape Cod. The tone of the letter was that we should look into this. I just rolled my eyes, because we definitely have enough insurance to replace the house (just not using the original building materials, like plaster walls). I figured they were looking at the total appraised value, which includes the land.

Anyway, I just ignored it, and nothing bad has happened. I'm not saying that's what the OP should do--but our letter from WF wasn't urgent sounding.
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Old 11-19-2011, 02:37 PM
 
Location: NoVa
127 posts, read 355,605 times
Reputation: 44
Quote:
Originally Posted by CaliTerp07 View Post
I know the OP is old, but we just went through this with our mortgage. We finally gave up and insured up to the value of the loan. We didn't have time to argue, and our mortgage broker (despite being local) was insistent that we had to insure the value of the loan or it wouldn't go through.
That's what we did. We needed to close on the house and BoA (don't get me started... ) just wouldn't give in, even after talking to our insurer.
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