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A lender uses an automated flood determination service that incorrectly identifies a property as outside an SFHA. The property is actually in a flood zone. Who bears the liability for this error?

Correct Answer

C) The lender, despite using a third-party service

Under the Flood Disaster Protection Act, lenders remain liable for compliance with flood insurance requirements regardless of whether they use third-party services for flood determinations. The lender cannot delegate this regulatory responsibility.

Answer Options
A
The automated service provider exclusively
B
The borrower for not verifying the determination
C
The lender, despite using a third-party service
D
FEMA for maintaining inaccurate maps

Why This Is the Correct Answer

Under the Flood Disaster Protection Act, lenders remain liable for compliance with flood insurance requirements regardless of whether they use third-party services for flood determinations. The lender cannot delegate this regulatory responsibility.

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