Lenders and The Elusive Mold Problems

April 2004

Faced with rapidly increasing and unpredictable claims costs from mold damages, the insurance industry has methodically excluded insurance coverage for mold and domestic terrorism losses on virtually all of the property and general liability insurance policies. Together these exclusions leave a broad cross section of insurance buyers including property managers, property owners, and lenders with unprecedented levels of newly uninsured risks. Environmental insurance is a partial solution to these exclusions.  See mold claim chart showing the domino effect on insurance companies.

Apartment owners aren't the only ones losing sleep over mold. Lenders are looking for solutions to the mold problem.

"It's nice that owners are concerned, but the real issue is the lender," said Charles Perry, principal of Environmental Assurance Group in West Hartford, Conn., explaining that owners with a standard 20% down payment borrow the rest. "If the lender has 80% in a project, he has four times more money at stake than the owner."

Perry is one of several people leading a Mortgage Bankers Association (MBA) task force on mold.

An institutional lender for 20 years, Perry said mold is an elusive and complicated problem.

Unlike lead paint or asbestos, the presence of mold is sometimes difficult to detect because it may be hidden behind a wall. It's also a difficult issue because there are thousands and thousands of different types of mold, and people have different reactions to mold. And last but not least, even if mold is removed, it may come back.

That makes prevention key. "If I'm a lender, I don't want to fix a problem," Perry said. "I want to stop it from happening."

The good news is that there appear to be some steps that owners can take to fight off mold.

On new properties, lenders are beginning to inquire more about the use of mold-resistant building products, Perry said.

About 70% to 80% of the surface of a building is sheetrock or drywall, which is sheathed with paper, a food source for mold, Perry explained.

The building materials industry has started to introduce paperless drywall into the marketplace. It's more expensive, but it could help ward off mold and an even more costly remediation. "The price differential varies, but, on average, it's about half of 1%," Perry said.

Inspections are also becoming increasingly important to lenders. If it is not already specified, mold will be added to a list of items to look for during an inspection of an existing property. Inspectors will also be looking for construction defects, including leaking roofs and other water-related problems.

The MBA mold task force is working on a white paper to address mold issues from a mortgage lender's position. It will likely include a set of "smart practice" recommendations.

The National Multi-Housing Council has also been active on the mold front.

It's a vital issue because most insurance policies exclude mold. Environmental Risk Resources Association (ERRA) is a nonprofit association dedicated to helping its members utilize environmental insurance products and is a great resource on the subject of mold and other environmental risks to property owners, lenders, and insurance companies.

"Mold is very much a symptom of other issues," said Richard Lawch, senior vice president of multifamily at Fannie Mae.

"If you have a dry and secure building, you generally won't have a mold issue," he said.

Fannie Mae, he said, expects its lenders to follow good, basic real estate principles. When looking at a new loan origination, the company expects that a lender's physical inspection of the property will include looking for mold and possible moisture problems.

"If they see issues related to water or see mold, it will generally require some kind of remediation," Lawch said.

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