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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>360750</law_id><section_number>36-55.36:1</section_number><catch_line>Power to create insurance funds and form corporations for the purpose of insuring HDA mortgage loans</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="83" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="3" identifier="1.2">Virginia Housing Development Authority Act</unit></structure><text>
						<section><p><span class="dictionary">HDA</span> shall have the power to create one or more insurance funds and to form one or more corporations for the purpose of providing replacement mortgage guaranty insurance, upon such terms and conditions as <span class="dictionary">HDA</span> shall prescribe, on <span class="dictionary">mortgage loans</span> made or financed by <span class="dictionary">HDA</span> pursuant to this chapter for which (i) mortgage guaranty insurance is being provided by a company which, subsequent to the provision of such coverage, has experienced a drop in rating by a nationally recognized credit rating service which could result in a rating for the <span class="dictionary">bonds</span> which would be in nonconformance with the rating covenants of the related <span class="dictionary">bond</span> indenture; and (ii) the executive director of <span class="dictionary">HDA</span> executes an <span class="dictionary">affidavit</span> stating that <span class="dictionary">HDA</span> was unable, after diligent effort, to procure replacement mortgage guaranty insurance in a form and premium acceptable to <span class="dictionary">HDA</span> from another insurer licensed in this Commonwealth to transact mortgage guaranty insurance business. For purposes of this section, &#x201C;diligent effort&#x201D; means a good faith search by <span class="dictionary">HDA</span> for mortgage guaranty insurance among admitted insurers resulting in declinations of coverage, by three unaffiliated insurers licensed and authorized in this Commonwealth to write the mortgage guaranty insurance coverage sought, at a premium equal to or less than the premium in force for the loans made or financed by <span class="dictionary">HDA</span>. <span class="dictionary">HDA</span> may provide financing and other funding to any such fund or corporation and may exercise all necessary or convenient rights and powers and perform all requisite duties and obligations relating thereto. Any such fund or corporation shall be subject to the direction and control of the commissioners of <span class="dictionary">HDA</span> and shall have such powers and duties as the commissioners of <span class="dictionary">HDA</span> shall prescribe. Any such fund or corporation may charge such premiums and may establish such reserves as <span class="dictionary">HDA</span> shall specify. <span class="dictionary">HDA</span> may specify that any such reserves shall be <span class="dictionary">assets</span> of such fund or corporation and shall not be subject to the claims of <span class="dictionary">creditors</span> of <span class="dictionary">HDA</span>. Any such fund or corporation, its directors, officers and employees, its <span class="dictionary">assets</span> and operations, and its policies of insurance and the premiums therefor shall not be subject to the provisions of Title 38.2 and rules and regulations issued pursuant thereto. The property of any such fund or corporation and its income and operations shall be exempt from taxation or assessments of every kind by the Commonwealth and all municipalities and other political subdivisions thereof. The provisions of &#xA7;&#xA0;<a class="law" title="Terms and conditions of mortgage insurance" href="/36-55.36/">36-55.36</a> shall not be applicable to mortgage guaranty insurance provided under this section.</p></section></text><history>1990, c. 956.</history><metadata></metadata></law>
