Dallas-Fort Worth Real Estate Investor Club

FEMA question

  • 26 Dec 2018 2:09 AM
    Message # 6972311

     i hold a note for a property in Florida. The recent hurricane damaged the home. The owners are now trying to get assistance from FEMA. I am worried they will take any money they get and just leave the property as it is and stop paying on the note. Do I have any legal protection or do I just have to hope they use money they may get to repair the home. Thank you. 

  • 27 Dec 2018 7:50 PM
    Reply # 6974151 on 6972311
    Robin Carriger (Administrator)

    I'm not an expert on FEMA, but, if their payments work anything like insurance payments, any checks they issue should be made out to both you, if you have a valid, recorded lien against property, as well as the home owner.  If that's the case, you should be indirectly protected against the concern you raised.  After all, the property is effectively your asset as well as theirs.

  • 28 Dec 2018 5:57 PM
    Reply # 6975649 on 6972311

    I work for SBA disaster assistance.  When there is a disaster, survivors register with FEMA.  If they have insurance coverage, they do not get real estate repair funds.  FEMA refers them to SBA for a disaster loan.  The only funds they usually get is for rental assistance if they have to leave the property because it is not habitable.

  • 01 Jan 2019 9:20 AM
    Reply # 6978656 on 6972311

    I did some checking at work regarding FEMA grants.  The checks that are disbursed are not 2 party checks.  There is a penalty for not using the funds as directed but unless they are caught in an audit or by a whistleblower there is really no guarantee other than the character of the homeowner.  Likewise with an SBA disaster loan.  The funds are electronically transferred to the homeowner.  $25,000 is the max amount that can be borrowed without securing the loan.  SBA will place a subordinate lien on the house for amounts over that.  For $50K or more, there has to be a written contract with a contractor or sub.  During the course of repairs, after the initial disbursement, receipts for expenditures have to be submitted before the next disbursement is made.  With SBA, credit worthiness is also looked at and since you are the lien holder, you should be contacted to verify that payments are being made as agreed.  FEMA may also contact you to verify occupancy as a primary residence.

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