With the recent revisions in the flood plain maps by the Federal
Emergency Management Agency several people have had to secure Letters of
Map Amendment (LOMA) to remove their home from the designated
floodplain area.
If you have secured a LOMA (recently or in the past) you may want to
record it with the County Register of Deeds. In doing so, it becomes
part of the permanent land records and chain of title associated with
your property. Neither you nor future owners would ever have to worry
about finding a copy. It also provides immediate public notice to
mortgage companies and title companies who rely on the land recording
system for researching property that the property is NOT in the
floodplain. If you ever needed a copy of the LOMA it would be available
from the County Register of Deeds for a nominal fee (currently $1 per
page).
There are several ways you could record the LOMA with the Register of
Deeds. For example, it could be recorded as an attachment to an
affidavit or as an attachment to the deed of the property at the time of
sale. As always, it is best to consult with an attorney to draft the
documents specific to your property and circumstances. The attorney
will also make sure it is in recordable form. Fees for recording
documents with the County Register of Deeds are $14 first page, $3 for
additional pages. Consult your attorney for fees related to the drafting
of the affidavit or other documents they recommend.
The same advice for LOMAs generally applies to other property related
documents such as surveys, easements, trusts, etc. Often these are
done but lost over time. People frequently come in to the Register of
Deeds office expecting that the professional they hired for the service
(easement, trust, survey, etc.) also recorded the document. That is not
always the case.
Recording saves time, money and uncertainty related to property and
property transactions. Anyone who has gone through the LOMA process can
appreciate that!
If you have questions or need assistance, please contact me at 989-224-5275 or wilseym@clinton-county.org.
