(a) A survey sufficient to induce a Title Company to
issue a Title Insurance policy without the standard survey exception
is required for single family acquisition where the Department is
a lien holder and the Program funds are used for construction or purchase
(1) the Rehabilitation project is enlarging the footprint;
(2) the project is Reconstruction or new construction
or purchase of an existing home.
(b) If allowed by the Program Rules or NOFA, existing
surveys for acquisition only activities may be used if the Owner certifies
that no changes were made to the footprint of any building or structure,
or to any improvement on the Single Family Housing Unit, and the Title
Company accepts the certification and survey.
(c) The Department reserves the right to determine
the survey requirements on a per project basis if additional survey
requirements would, at the sole discretion of the Department, benefit
Source Note: The provisions of this §20.11 adopted to be effective December 6, 2015, 40 TexReg 8639