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HomeMy WebLinkAboutAgenda Report - May 19, 2010 D-12AGENDA ITEM b042a A% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Program Guidelines forth First Tim Home Buyer Loan Program MEETING DATE: May 19,2010 PREPARED BY: Community Development Department RECOMMENDED ACTION: Adopt a Resolution approving Program Guidelines for the First Time Home Buyer Loan Program. BACKGROUND INFORMATION: The City of Lodi has been awarded $800,000 in HOME Program funds from the State Department of Housing and Community Development (HCD) to establish a First Time Home Buyer (FTHB) Loan Program. The Program Guidelines that were approved by the City Council when the application was submitted have been revised to meet the "Best Practices" template that was recently provided by HCD. There were some very minor changes made in the process, lowering the maximum loan amount from $60,000 to "$40,000, or 20 percent of the purchase price, whicheveris less", and adding language addressing HCD's Modest Housing Requirement, which states that, "Housing must be modest so if may not exceed three bedrooms and two bathrooms unless there are documented extenuating circumstances." Of the total award, $20,000 is designated for Program Administration, covering the cost of the overall management, monitoring, evaluation, planning and promotion of the FTHB Program. Additionally, costs related to the individual loan application review (e.g. credit check, underwriting, etc.) are reimbursed directly from the loan fund. Pending City Council approval of the HCD-approved Program Guidelines (Exhibit A), application packets will be distributed to the 29 individuals who are currentlyon the waiting list for this program. We expect to start processing applications as early as June 1 _ FISCAL IMPACT: FUNDING AVAILABLE: KB/jw Attachments Program administration and project delivery costs incurred by the City are eligible expenses reimbursed through the grant program. HOME Program Funding through State Housing and Community Development onradt —Bart Iam Community Development Director APPROVED: Konra t Bartlam, Interim City Manager RESOLUTION NO. 2010-67 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING PROGRAM GUIDELINES FORA FIRST TIME HOME BUYER PROGRAM WHEREAS, the City of Lodi has historically funded a First Time Home Buyer Program with HOME funds received annually from the U.S. Department of Housing and Urban Development (HUD) as a participating jurisdiction in the San Joaquin Urban County; and WHEREAS, now as an Entitlement Community the HOME fund allocation from HUD is now forwarded to the State of California Housing and Community Development Department (HCD); and WHEREAS, the City of Lodi has received an award of $800,000 from HCD for a First Time Home Buyer Program, and staff recommends approval of the Program Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Program Guidelines, as attached hereto as Exhibit A, which establish a First Time Home Buyer Program pursuant to the requirements of HCD; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute loan documents with approved applicants to the First Time Home Buyer Program and to make minor changes to the Program Guidelines for the sake of consistency, clarity, and to comply with HCD requirements. Dated: May 19, 2010 hereby certify that Resolution No. 2010-67 was passed and adopted by the Lodi City Council in a regular meeting held May 19, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Katzakian COUNCIL MEMBERS — None COUNCIL MEMBERS— None COUNCIL MEMBERS— None 2010-67 JOHL City Clerk Pty: Eywi-orj�ff City of Lodi Homebuyer Program Guidelines For: CalHome Program HOME Investment Partnerships Program Serving the City of Lodi CalHome Approved NIP CDBG Approved NIP Pagel of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 HOMEBUYERPROGRAM GUIDELINES Table of Contents 1.0. GENERAL I.I. PROGRAM OUTREACH AND MARKETING 1.2. APPLICATION PROCESS AND SELECTION 1.3. THE HOME PURCHASE PROCESS 1.4. HOMEBUYER COSTS 1.5. HOMEBUYER EDUCATION 1.6. CONFLICT OF INTEREST REQUIREMENTS 1.7. NON-DISCRIMINATIONREQUIREMENTS 2.0. APPLICANT QUALIFICATIONS 2.1. CURRENT INCOME LIMITS 2.2. INCOME QUALIFICATIONCRITERIA 2.3. DEFINITION OF AN ELIGIBLE HOMEBUYER 3.0. HOUSING UNIT ELIGIBILITY 3.1. LOCATION AND CHARACTERISTICS 3.2. CONDITIONS 3.3. ANTI -DISPLACEMENT POLICY AND RELOCATION ASSISTANCE 3.4. PROPER NOTIFICATION AND DISCLOSURES 4.0. PURCHASE PRICE LIMITS 5.0. THE PRIMARY LOAN A. QUALIFYING RATIOS B. INTEREST RATE C. LOAN TERM D, IMPOUND ACCOUNT 6.0. THE PROGRAM LOAN A. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE B. NON-RECURRING CLOSING COSTS C. AFFORDABILITY PARAMETERS FOR HOMEBUYERS D, RATES AND TERMS FOR PROGRAM LOANS E. LOAN -TO -VALUE RATIO 7.0. PROGRAM LOAN REPAYMENT 7.1. PAYMENTS ARE VOLUNTARY 7.2. RECEIVING LOAN REPAYMENTS 7.3. DUE UPON SALE OR TRANSFER 7.4. LOAN SERVICING POLICIES AND PROCEDURES 7.5. LOAN MONITORING PROCEDURES 8.0. PROGRAM LOAN PROCESSING AND APPROVAL 8.1. COMPLETION OF UNDERWRITINGAND APPROVAL OF PROGRAM LOAN 8.2. PRIMARY AND PROGRAM LOAN DOCUMENT SIGNING 8.3. ESCROW PROCEDURES 9.0. SUBORDINATE FINANCING 10.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES 10.1. DEFINITION OF EXCEPTION 10.2. PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES 11.0. DISPUTE RESOLUTION AND APPEALS PROCEDURE Page 2 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 TABLE OF CONTENTS (CONTINUED) ATTACHMENTS ATTACHMENT A: 24 CFR PART 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS ATTACHMENT B: ANNUAL INCOME NET FAMIL,YASSET INCLUSIONSAND EXCLUSIONS ATTACHMENTC: MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMITS; HOME SUBSIDY LIMITS PER UNIT -SECTION 221(D)(3); CURRENT INCOME LIMITS ATTACHMENT D: LOAN SERVICING POLICIES AND PROCEDURES ATTACHMENT E: SELLER'S LEAD-BASED PAINT DISCLOSURE ATTACHMENT F: DISCLOSURE TO SELLER WITH VOLUNTARY, ARM'S LENGTH, PURCHASE OFFER ATTACHMENT G: INSTRUCTIONSTO HOME BUYER ATTACHMENT H: LEAD-BASED PAINT NOTICE OF PRESUMPTIONAND HAZARD REDUCTION FORM ATTACHMENT L' HOMEBUYER PROGRAM LEAD COMPLIANCE DOCUMENT CHECKLIST Page 3 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 CITY of LODI HOMEBUYER PROGRAM GUIDELINES 1.0. GENERAL The above—named entity, hereinafter referred to as the "Sponsor," has entered into a contractual relationship with the California Department of Housing and Community Development ("HCD") to administer one or more HCD-funded homebuyer programs. The homebuyer program described herein (the "Program") is designed to provide assistance to eligible homebuyers in purchasing homes, also referred to herein as "housing units", located within the Program's eligible area, as described in Section 3. LA. The Program provides this assistance in the form of deferred payment "silent" second priority loans as "Gap" financing toward the purchase price and closing costs of affordable housing units that will be occupied by the homebuyers as their primary residence. The Program will be administered by the City of Lodi (the "Program Operator") - 1.1. PROGRAM OUTREACHAND MARKETING All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation be excluded, denied benefits or subjected to discrimination under the Program. The Sponsor will ensure that all persons, including those qualified individuals with handicaps, have access to the Program. A. The Fair Housing Lender logo will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program's eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program -eligible area and will be provided to any local social service agencies, The Program may sponsor homebuyer classes to help educate homebuyers about the home buying process and future responsibilities. Persons who have participated in local homebuyer seminars will be notified about the Program. B. The Program Operator will work with local real estate agents and primary lenders to explain the Program requirements for eligible housing units and homebuyers, and to review Program processes. Local real estate agents and primary lenders will also be encouraged to have their customers participate in the Program. C. Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of an otherwise qualified individual, solely by reason of disability, from participation under any program receiving Federal funds. The Program Sponsor will take Page 4 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 appropriate steps to ensure effective communication with disabled housing applicants, residents and members of the public. 1.2. APPLICATION PROCESS AND SELECTION A. The Sponsor maintains a waiting list of applicants. Each applicant is asked to complete an application form, which asks for sufficient information concerning income, employment, and credit history to establish preliminary eligibility for Program participation. Completed applications are processed on a first -come -first- served basis. Applications are deemed complete only if all information is completed, the application is signed and dated, and a primary lender's pre - qualification letter is attached to the application. Incomplete applications are returned to the applicant and will not be date/time stamped until complete. B. Once the applicant's name comes to the top of the waiting list, their Program eligibility is confirmed and they are invited to a briefing regarding participation in the Program. At the briefing the application is reviewed and the potential homebuyer is given a "Preliminary Eligibility Letter" for the Program along with the following forms: Program Brochure, Attachment (G) Instructions to Home Buyer, List of Participating Lenders, Attachment (E) Sellers Lead -Based Paint Disclosure and the EPA Booklet (Protect Your Family from Lead in Your Home) and (F) Notice to Seller. C. Each applicant must participate in individual Homebuyer Counselingprovided by any HUD -certified homebuyer counseling agency and receive a certificate of completion. D. The potential homebuyer is given 60 days in order to find a qualified home and begin securing a primary loan for the housing unit. If during the 60 -day time frame, the potential homebuyer is unable to purchase a home, an extension of up to 30 days may be given. However, if it appears the potential homebuyer cannot participate in the Program, the reservation -of funds expires and the next person on the waiting list is given an opportunity to participate in the Program. 1.3. THE HOME PURCHASE PROCESS A. The following is a simplified example of how a primary lender would analyze a homebuyer's finances to determine how much the homebuyer could afford to borrow from the primary lender towards homeownership. Page 5 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 DEBT SERVICE FOR A FAMILY OF FOUR EARNING $3,388 PER MONTH HOUSING PAYMENTS TOTAL OVERALL PAYMENTS Principal & Interest Payment $865 $1,180 Housing Insurance 82 +200 Other Debt Service Taxes 233 $1,380 Total Debt Service Total Housing Expense $1,180 (Overall debt service per month is 41% of $3,388) (PITI is 35% of $3,388) OTHER HOUSEHOLD DEBT SERVICE Car Payment $ 150 Credit Card Payment 50 Total Other Debt $200 A $865 per month loan payment equates to borrowing $143,000 at 5.88% for a 30 year term. SUBSIDY CALCULATION FOR A FAMILY OF FOUR EARNING $3,388 PER MONTH Purchase Price of Property $280,000 Less Primary loan amount 143,000 Less down payment of 1% 2,800 Equals "GAP" $134,200 Plus estimated allowable settlement charges 8„400 Equals Total Subsidy $142,600 B. The housing unit selection process will be conducted by the homebuyers. Prior to making an offer to purchase an eligible housing unit (see Section 3.0), homebuyer shall provide seller with a disclosure containing the following provisions: Page 6 of 35 1) Homebuyer has no power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement; and 2) Homebuyer's offer is an estimate of the fair market value of the housing unit, to be finally determined by a state licensed appraiser; 3) The housing unit will be subject to inspection. The housing unit must comply with local codes at the time of construction and local health and safety standards. 4) All housing units built prior to January 1, 1978 will require a lead paint disclosure to be signedby both the homebuyer and Seller (Attachment E); 5) Since the purchase would be voluntary, the seller would not be eligible for City of Lodi Homebuyer Program Guidelines HCD Version 12-09 relocation payments or other relocation assistance; 6) The seller understands that the housing unit must be either: currently owner - occupied, newly constructed, or vacant for three months prior to submission of the purchase offer. 7) If the seller is not provided with a statement of the above six provisions prior to the purchase offer, the seller may withdraw from the agreement after this information is provided. C. Applicant submits executed standard form purchase and sale agreement and primary lender prequalification letter to Program Operator. The purchase and sale agreement will be contingent on the household and housing unit meeting Program eligibility requirements and receiving Program loan approval. Program Operator verifies applicant eligibility, housing unit and loan eligibility and amount of assistance to be provided consistent with these guidelines. D. Program Operator, where Program Operator is not the Sponsor, submits recommendation to the Sponsor for approval or denial, including the reasons for the recommendation. Sponsor determines Applicant's approval or denial, and instructs Program Operator to notify Applicant. Program Operator provides written notification to Applicant of approval or denial with reason and, if denied, a copy of the Program's appeal procedures. E. When Primary Lender requirements are met, Program funds are deposited into escrow, with required closing instructions and loan documents. F. At the time of escrow closing, the Sponsor shall be named as an additional loss payee on fire, flood (if required), and extended coverage insurance for the length of the loan and in an amount sufficient to cover all encumbrances or full replacement cost of the housing unit. A policy of Title Insurance naming the Sponsor as insured is also required. 1.4. HOMEBUYER COSTS A. Eligible households must document that they have the funds necessary for down payment and closing costs as required by the Primary Lender and the Sponsor. The Program's down payment requirement (below) is in place even if the Primary Lender has a lower down payment requirement. If the Primary Lender has a higher down payment requirement, there is no additional down payment requirement required by the Program. B. Homebuyer must contribute a minimum down payment of two percent (2%) of the purchase price, but may contribute more if desired. C. Sponsor will not provide more than twenty percent (20%) of the acquisition price (purchase price plus closing costs not paid by seller), or $40,000, whichever is less. The subsidy will write down the cost of the primary lender's loan so that the payments of PITI are within 26 to 32% of the gross household income. The Program Operator will determine the level of subsidy and affordability during underwriting of the Program's loan to make sure that it conforms to the Page 7 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 requirements of the HCD funding Program. 1.5. HOMEBUYER EDUCATION Buying a home can be one of the most confusing and complicated transactions anyone can make. Providing the future homebuyer with informative homebuyer education training, can bring success to the Sponsor, Program Operator, the Program and most importantly, the homebuyer. It has been documented that first-time homebuyers that have had homebuyer education have the ability to handle problems that occur with homeownership. All Program participants are required to attend a Sponsor -approved homebuyer education class. The homebuyer education class will cover such topics as the following: preparing for homeownership; available financing; credit analysis; loan closing; homeownership responsibilities; home maintenance; impact of refinancing and loan servicing. Methods of homebuyer counseling and education may include, but are not limited to: one-on-one counseling between homebuyer, counselor and family/individual and/or group workshops and informational sessions. Tools of instruction may include fliers, brochures, power point presentations, worksheets, etc. 1.6. CONFLICT OF INTEREST REQUIREMENTS When the Sponsor's program contains Federal funds, the applicable Conflict of Interest requirements of 24 CFR Section 570.611 shall be followed for CDBG assistance, and Section 92.356 of the HOME Final Rule shall be followed for HOME assistance. 1.7. NON-DISCRIMINATION REQUIREMENTS The Program will be implemented in ways consistent with the Sponsor's commitment to non-discrimination. No person shall be excluded from participation in, denied the benefit of, or be subject to discrimination under any program or activity funded in whole or in part with State funds on the basis of his or her religion or religious affiliation, age, race, color, creed, gender, sexual orientation, marital status, familial status (children), physical or mental disability, national origin, or ancestry, or other arbitrary cause. 2.0 APPLICANT QUALIFICATIONS 2.1. CURRENT INCOME LIMITS FOR THE AREA, BY HOUSEHOLD SIZE All applicants must certify that they meet the household income eligibility requirements for the applicable HCD program(s) and have their household income documented. The income limits in place at the time of loan approval will apply when determining applicant income eligibility. All applicants must have incomes at or below 80% of the County's area median income (AMI), adjusted for household size, as published by HCD. (Attachment C). Household: Means one or more persons who will occupy a housing unit. Unborn children do not count in family size determination. Annual Income: Generally, the gross amount of income of all adult household members that is anticipated to be received during the coming 12-monthperiod. 2.2. INCOME QUALIFICATION CRITERIA Page 8 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 Projected annual gross income of the applicant household will be used to determine whether they are above or below the published HCD income limits. Income qualification criteria, as shown in the most recent HCD program -specific guidance, will be followed to independently determine and certify the household's annual gross income. The Program Operator should compare this annual gross income to the income the Primary Lender used when qualifying the household. The Primary Lender is usually underwriting to FHA or conventional guidelines and may not calculate the household income or assets in the same way as required by the Program. Income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing and kept in the applicant file and held in strict confidence. A. HOUSEHOLD INCOME DEFINITION: Household income is the annual gross income of all adult household members that is projected to be received during the coming 12-monthperiod, and will be used to determine program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used; and the types of income that are not considered would be income of minors or live-in aides. Certain other household members living apart from the household also require special consideration. The household's projected ability to pay must be used, rather than past earnings, when calculating income. The link to Annual Income Inclusions and Exclusions is: htip://www. hud.gov/offices/cpd/affordablehousinq/library/modelquides/1780.pdf. Attachment A: 24 CFR Part 5 Annual Income Inclusions and Exclusions B. ASSETS: There is no asset limitation for participation in the Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture and automobiles are not included. (Note: it is the income earned —e.g. interest on a savings account—not the asset value, which is counted in annual income.) An asset's cash value is the market value less reasonable expenses required to convert the asset to cash, including: Penalties or fees for converting financial holdings and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset. The Link to Asset Inclusions and Exclusions is: http;//www. h ud.gov/offices/cpd/affordablehousinq/library/model.quides/1780. pdf. Attachment B: Part 5 Annual Income Net Family Asset Inclusions and Exclusions Page 9 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 2.3. DEFINITION OF AN ELIGIBLE HOMEBUYER For CDBG, an eligible homebuyer means an individual or individuals or an individual and his or her spouse who meets the income eligibility requirements and is/are not currently on title to real property. Persons may be on title of a manufactured home unit, who are planning to sell the unit as part of buying a home located on real property. Documentation of homebuyer status will be required for all homebuyers. CDBG-funded programs may assist eligible homebuyers who are not "first-time" homebuyers. HOME and CalHome-funded Programs are required to use the following definition of an eligible homebuyer, which is a "first-time homebuyer" from 8201 (1) Title 25 California Code of Regulations: "First-time homebuyer" means an individual or individuals or an individual and his or her spouse who have not owned a home during the three-year period before the purchase of a home with subsidy assistance, except that the following individual or individuals may not be excluded from consideration as a first-time homebuyer under this definition: 1. a displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her home and family; 2. a single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or j oint custody or is pregnant; or 3. an individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with assistance, a dwelling unit whose structure is: a. not permanently affixed to a permanent foundation in accordance with local or state regulations; or b. not in compliance with state, local, or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure. 3.0. HOUSING UNIT ELIGIBILITY 3.1. LOCATION AND CHARACTERISTICS A. Housing units to be purchased must be located within the eligible area. The eligible area is described as follows: "Within the City of Lodi limits." B. Housing unit types eligible for the homebuyer Program are new or previously owned single-family residences, condominiums, or manufactured housing on a single-family lot and placed on a permanent foundation system. HOME does not Page 10 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 allow manufactured homes unless on a permanent foundation system. C. All housing units must be in compliance with State and local codes and ordinances. D. Housing units located within a 100-yearflood zone will be required to provide proof of flood insurance with an endorsement naming the City of Lodi as loss payee in order to close escrow. E. Housing must be "modest", so it may not exceed three bedrooms and two bathrooms unless there are documented extenuating circumstances (e.g. it would create an overcrowding situation, there is not a reasonable inventory of homes of this size, etc.) and the Loan Committee approves the exception request. 3.2. CONDITIONS A. Construction Inspection and DeterminingNeed for Repairs. Once the participating homebuyer has executed a purchase agreement for a housing unit, and prior to a commitment of Program funds, the following steps must be taken for the housing unit to be eligible for purchase under the Program: I) When the Sponsor's Program utilizes Federal funds and if the housing unit was constructed prior to 1978 then the lead-based paint requirements of Section 3.2.0 will apply. 2) The Program Operator, a certified housing inspector, or a Sponsor representative will walk through the housing unit, determine if it is structurally sound, and identify any code related and health and safety deficiencies that need to be corrected. A list of code related repair items will be given to the homebuyers and their Realtor to be negotiated with the seller. 3) Upon completion of all work required by the Program Operator, Sponsor, appraiser, pest inspector and/or certified housing inspector, a final inspection will be conductedprior to close of escrow. The inspectorwill sign off on all required construction work assuring that each housing unit receiving Program assistance is in compliance with local codes and health and safety requirements at the time of purchase and prior to occupancy. B. Per Section 8208 of the State HOME regulations, no additional HOME assistance, including rehabilitation funds, may be provided during the period starting one year following the filing of the Project Completion Report through the end of the affordability period. C. Lead -Based Paint Hazards: All housing units built prior to 1978 for which HOME or CDBG funding is anticipated are subject to the requirements of this section 3.2.C. Such homes must undergo a visual assessment by a person who has taken HUD's online Visual Assessment course. Deteriorated paint must be stabilized using work safe methods. Clearance must be obtained after paint stabilization by a DHS certified LBP Risk Assessor/Inspector. HOME and CDBG general administrative Page 11 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 and activity delivery funds may be used to pay for lead-based paint visual assessments, and if lead mitigation and clearance costs are incurred, these programs may incorporate the costs into the calculation of Program assistance. The following requirements must be met: 1) Notification: a) Prior to homebuyer's obligation to purchase a pre -1978 home, the Buyer will be given the most recent copy of and asked to read the EPA pamphlet "Protect Your Family From Lead in YourHome" (EPA 747- K-94-001). A signed receipt of the pamphlet will be kept in the Sponsor's homebuyer file; b) A notice to residents is required following a risk assessment/inspection using form DHS 8552, which is provided by the DHS -certified Risk Assessor/Inspector; c) a notice to residents is required following lead-based paint mitigation work using Visual Assessment and Lead-based Paint Notice of Presumption and Hazard Reduction form, LBP — I (Attachment H). 2) Disclosure: Prior to the homebuyer's obligation to purchase a pre -1978 housing unit, the HUD disclosure (Attachment E), "Seller's Lead-based Paint Disclosure" notice must be provided by the seller to the homebuyer. 3) Inspections: The Inspector shall conduct a "Visual Assessment" of all the dwelling unit's painted surfaces in order to identify deteriorated paint. All deteriorated paint will be stabilized in accordance with CFR 35.1330 (a) and (b); and a Clearance shall be made in accordance with CFR 35.1340. 4) Mitigation: If stabilization is required, the contractor performing the mitigation work must use appropriately trained workers. Prior to the contractor starting mitigation work the Program Operator shall obtain copies of the contractor's and workers' appropriate proof of LBP training, as applicable to the job in order to assure that only qualified contractors and workers are allowed to perform the mitigation. D. The Program Operator will: 1) confirm that the housing unit is within the eligible area, 2) will review each proposed housing unit to ensure that it meets all eligibility criteria before funding, and 3) ensure a completed Lead Compliance Document Checklist is placed in each purchaser's file (see Attachment I). 3.3 ANTI -DISPLACEMENT POLICY AND RELOCATION ASSISTANCE Eligible homes will be those that are currently owner -occupied or have been vacant for three months prior to the acceptance of a contract to purchase. A unit is ineligible if its purchase would result in the displacement of a tenant. It is not anticipated that the implementation of the Program will result in the displacement of any persons, households, or families. However, if tenant -occupied homes are included in the Program and relocation becomes necessary, the activity will be carried out in compliance with Sponsor's relocation plan which describes how those permanently displaced will be relocated and paid benefits in accordance with the following Federal laws. Page 12 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 A. Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970 The federal URA and Real Property Acquisition Policies, as amended by the URA Amendments of 1987, contains requirements for carrying out real property acquisition or the displacement of a person, regardless of income status, for a project or program for which HUD financial assistance (including CDBG and HOME) is provided. Requirements governing real property acquisition are described in Chapter VIII. The implementing regulations, 49 CFR Part 24, require developers and owners to take certain steps in regard to tenants of housing to be acquired, rehabbed or demolished, including tenants who will not be relocated even temporarily. B. Section104(d) of the Housing and Community Development Act of 1974 Section 104(d) requires each contractor (CHDO or State Recipient), as a condition of receiving assistance under HOME or CDBG, to certify that it is following a residential anti -displacement plan and relocation assistance plan. Section 104(d) also requires relocation benefits to be provided to low-income persons who are physically displaced or economically displaced as the result of a HOME or CDBG assisted project, and requires the replacement of low-income housing, which is demolished or converted. The implementing regulations for Section 104(d) can be found in 24 CFR Part 570(a). 3.4. PROPER NOTIFICATION AND DISCLOSURES A. Upon selection of a housing unit, a qualified seller and homebuyer will be given the necessary disclosures for the Program. The homebuyer must have read and signed all Program disclosure forms. Any and all property disclosures must be reviewed and signed by the homebuyer and seller. B. All owners who wish to sell their housing units must receive an acquisition notice (Attachment F) prior to submission of the homebuyer's original offer. This notice will be included in the contract and must be signed by all owners on title. The disclosure must contain the items listed in 1.3.B. (required for federally -funded programs). 4.0. PURCHASE PRICE LIMITS The purchase price limits for this Program shall not exceed the Maximum HOME Program Purchase Price/After-Rehab Value Limit for Sponsor's County as updated by HCD or HUD. Note: For HOME- and CalHome funded Programs the home purchase price of owner - occupied and homebuyer properties must be limited as follows: For CalHome funded Programs, thepurchaseprice can not exceed 100% of the area medianpurchaseprice as established by comparable sales or information provided by the California Real Estate Association; for HOME funded Programs the value (with or without rehabilitation) can not exceed 95 percent of the area median purchase price as established by HCD and HUD. Page 13 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 Attachment C: MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMITS *Sponsor will update these limits annually as HCD provides new information. 5.0. THE PRIMARY LOAN Prior to obtaining a loan from the Sponsor, a homebuyer must provide evidence of financing for the maximum amount the Primary Lender is willing to loan (the "primary loan"). A. QUALIFYING RATIOS The front-end ratio shall be between 26% and 32% and is the percentage of a borrower's gross monthly income (before deductions) that would cover the cost of PITI (loan principal and interest payment + property taxes + property insurance). The back -end ratio shall be between 30% and 38% and is the percentage of a borrower's gross monthly income that would cover the cost of PITI plus any other monthly debt payments like car or personal loans and credit card debt, as well as child support and alimony payments. In order to meet the overall goals of the program and in light of the differing needs and financial capacities of borrowers, exceptions may be made to housing and debt ratio limits. Factors that compensate for less stringent housing and debt ratios may also be considered to the degree they offset additional lending risk. In no case can the debt ratio exceed 40%. B. INTEREST RATE The loan must be fully amortized and have a fixed interest rate that does not exceed the current market rate, as established by an index identified in the most recent NOFA. No temporary interest rate buy -downs are permitted. C. LOAN TYPE AND TERM The primary loan shall be fully amortized and have a term "all due and payable" in no fewer than 30 years. There shall not be a balloon payment due before the maturity date of the Program loan. D. IMPOUND ACCOUNT All households will be required to have impound accounts for the payment of taxes and insurance to ensure they remain current. 6.0. THE PROGRAM LOAN A. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE The amount of Program assistance to a homebuyer toward purchase of a home shall not exceed the maximum HOME subsidy limit for Sponsor's County per bedroom as designated by Section 221(d)(3) and shall never exceed more than 20% of the total Page 14 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 indebtedness or $40,000, whichever is less. See Attachment C. Any approved "grant" amount for lead-based paint evaluation and reduction activities or for relocation assistance shall be included in this amount. B. NON-RECURRING CLOSING COSTS Non-recurring costs such as credit report, escrow, closing and recording fees, and title report and title insurance, title updates and/or related costs may be included in the Program loan. C. AFFORDABILITY PARAMETERS FOR HOMEBUYERS The actual amount of a buyer's Program subsidy shall be computed according to the housing ratio parameters specified in Section 5.0.A.. Each borrower shall receive only the subsidy needed to allow them to become homeowners ("the Gap") while keeping their housing costs affordable. The Program Operator will use the "front-end ratio" of housing - expense -to -income to determine if the amount of the proposed primary loan is acceptable and, ultimately, the Program subsidy amount required, bridging the gap between the acquisition cost (purchase price plus closing costs) less down payment, and the amount of the primary loan. D. RATE AND TERMS FOR PROGRAM LOAN All Program assistance to individual households shall be made in the form of deferred payment (interest and principal) loan (DPL). The Program loan's term shall be for 30 years. The Program loan's interest rate shall be 2%. All Program loan payments shall be deferred because the borrowers will have their repayment ability fully utilized under the primary loan. Loan principal shall not be forgiven, and the loan period cannot be extended. E. COMBINED LOAN -TO -VALUE RATIO The loan -to -value ratio for a Program loan, when combined with all other indebtedness to be secured by the property, shall not exceed 100 percent of the sales price plus a maximum of up to 5 percent of the sales price to cover actual closing costs. 7.0. PROGRAM LOAN REPAYMENT 7.1. PAYMENTS ARE VOLUNTARY Borrowers may begin making voluntary payments at any time. 7.2. RECEIVINGLOAN PAYMENTS A. Program loan payments will be made to: Page 15 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 City of Lodi 221 West Pine Street PO Box 3006 Lodi, CA 95241 B. The Sponsor will be the receiver of loan payments or recaptured funds and will maintain a financial record-keeping system to record payments and file statements on payment status. Payments shall be deposited and accounted for in the Sponsor's Program Income Account, as required by HCD programs. The Program lender will accept loan payments from borrowers prepaying deferred loans, and from borrowers making payments in full upon sale or transfer of the property. All loan payments are payable to the Sponsor. The Sponsor may at its discretion, enter into an agreement with a third parry to collect and distribute payments and/or complete all loan servicing aspects of the Program. 7.3. DUE UPON SALE OR TRANSFER In the event that an owner sells, transfers title, or discontinues residence in the purchased property for any reason, the principal balance of the DPL is due and payable, except: A. The owner shall be assured a fair return on investment including the owner's investment and any capital improvement. If the Net proceeds are insufficient for the Sponsor to recapture the balance of Program Loan owed, the Sponsor shall share the Net proceeds with the owner in proportion to each party's investment in the property. The Net proceeds are the sales price less repayment of the primary loan, and closing costs. B. If the owner of the property dies, and the heir to the property meets income requirements, the First -Time Homebuyer definition, and intends to occupy the home as a principal residence, the heir may be permitted, upon approval of the Sponsor, to assume the loan at the rate and terms the heir qualifies for under the current participation guidelines. If the property owner dies and the heir does not meet eligibility requirements, the loan is due and payable. C. If an owner wants to convert the property to a rental unit, or any commercial or non- residential use, the loan is due and payable. D. The loan will be in default if the borrower fails to maintain required fire or flood insurance or fails to pay property taxes. See Attachment D on loan defaults for further information on property restrictions. 7.4. LOAN SERVICING POLICIES AND PROCEDURES See Attachment D for local loan servicing policies and procedures. While the attached policy outlines a system that can accommodate a crisis that restricts borrower repayment ability, it should in no way be misunderstood: The loan must be repaid. All legal means to ensure the repayment of a delinquent loan as outlined in the Loan Servicing Policies and Procedures will be pursued. Page 16 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 7.5. LOAN MONITORING PROCEDURES Sponsor will monitor Borrowers and their housing units to ensure adherence to Program requirements including, but not limited to, the following: A. Owner -occupancy B. Property tax payment C. Hazard insurance coverage D. Good standing on Primary loans E. General upkeep of housing units 8.0. PROGRAM LOAN PROCESSING AND APPROVAL A. Loan Processing All homebuyers or their representatives will be sent out an eligibility packet with all the necessary forms, disclosures, information, and application. They should submit a complete application packet with all the Sponsor's Program loan documents executed as well as all the information from the Primary Lender. The Primary Lender should submit: 1) accepted property sales contract with proper seller notification; 2) mortgage application with good faith estimates and first mortgage disclosures; 3) full mortgage credit report and rent verification; 4) current third party income verifications and verifications of assets; 5) homeownership education certificate, if applicable; and 6) signed underwriting transmittal summary and final signed loan application, both from primary lender. Staff will work with local lenders to ensure qualified participants receive only the benefit from the Sponsor's Program needed to purchase the housing unit and that leveraged funds will be used when possible. B. Creditworthiness Qualifying ratios are only a rough guideline in determining a potential borrower's creditworthiness. Many factors such as excellent or poor credit history, amount of down payment, and size of loan will influence the decision to approve or disapprove a particular loan. The borrower's credit history will be reviewed by the Sponsor and documentation of such maintained in the loan file. The Sponsor may elect to obtain a credit report or rely on a current copy obtained by the primary lender. C. Documents from Primary Lender After initial review of the qualified homebuyer's application packet, the Program Operator will request any additional documents needed. Documents may be faxed, but originals shall be received through the mail before Program funds are committed to escrow. Based on receipt and review of the final documents, the Program Operator will do an income certification (using most recent HCD program's guidance on income calculation and determination), and homebuyer certification (review of credit report and income taxes). Documentation of affordability will then be verified and subsidy requirement determined. Page 17 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 D. Disclosure of Program and Loan Information to Homebuyers The Program's application and disclosure forms will contain a summary of the loan qualifications of the borrower with and without Program assistance. Housing ratios with and without Program assistance are also outlined in these guidelines. Information on the Program's application will be documented with third party verifications in the file. For example, the sales contact will provide the final purchase price and outline how much of the closing costs are to be paid by the seller, etc. The appraisal, termite and title report will provide information to substantiate the information in the sales contract and guide the construction inspection. The Program loan application will provide current debt and housing information and will be documented by the credit report and income/asset verifications. The Primary Lender's approval letter and estimated closing cost statement should reflect all the information in the loan package and show any contingencies of loan funding. Reviewing the Primary Lender's loan underwriting documentation will provide basic information about the qualification of the applicant and substantiate the affordability provided by the Program loan. By reviewing and crosschecking all the Primary Lender information, the final Program loan amount approved will fall within the affordability parameters of the Program. 8.1. COMPLETION OF UNDERWRITING AND APPROVAL OF PROGRAM LOAN Once the loan approval package has been completed the Program Operator will submit it to the Sponsor for approval. Sponsor will review the request and may approve it with or without conditions. Upon approval, a final closing date for escrow is set and Program funds are accessed for the homebuyer. 8.2. PRIMARY AND PROGRAM LOAN DOCUMENT SIGNING The homebuyer(s) sign promissory notes, loan agreements, deeds of trust, and statutory lending notices (Truth In Lending (TIL), etc.); the Deeds of Trust are recorded with the County Clerk/Recorder at the same time, and the request(s) for copy of Notice of Default are also recorded with the County C1erMRecorder. 8.3. ESCROW PROCEDURES The escrow/title company shall review the escrow instruction provided by the Program lender and shall issue a California Land Title Association (CLTA) and the American Land Title Association (ALTA) after closing. The CLTA policy is issued to the homebuyer and protects them against failure of title based on public records and against such unrecorded risks as forgery of a deed. The ALTA is issued to each lender providing additional coverage for the physical aspects of the property as well as the homebuyer's title failure. These aspects include anything which can be determined by only physical inspection, such as correct survey lines; encroachments; mechanics liens; mining claims and water rights. The Program lender instructs the escrow/title company in the escrow instructions as to what may show on the policy; the amount of insurance on the policy (all liens should be covered) and the loss payee (each lender should be listed as a loss payee and receive an original ALTA). Page 18 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 9.0. SUBORDINATE FINANCING With today's high costs, in order for a low-income household to obtain a home, several funding sources might be required. Subordinate loans may be used to cover mortgage subsidy costs that exceed the Program maximum loan amount. All subordinate liens must have the payments deferred and the term must be for at least as long as the term of the Program loan. 10.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES The Sponsor may make amendments to these Participation Guidelines. Any changes shall be made in accordance with regulations and approved by the Sponsor's Loan Committee and/or governing body. Changes shall then be sent to HCD for approval. 10.1. DEFINITION OF EXCEPTION Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an applicant treated differently from others of the same class would be an exception. 10.2. PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES A. The Sponsor or its agent may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including the Sponsor's recommended course of action and any written or verbal information supplied by the applicant. B. The Sponsor shall make a determination of the exception based on the recommendation of the Program Operator. The request can be presented to the Sponsor's loan committee and/or governingbody for a decision. 11.0. DISPUTE RESOLUTION AND APPEALS PROCEDURE Any applicant denied assistance from the Program has the right to appeal. Complaints concerning the Program should be made to the Program Operator first. If unresolved in this manner, the complaint or appeal must be made in writing and filed with the Sponsor. The Sponsor will then schedule a meeting with the Loan Review Committee. Their written response will be made within thirty (30) working days. If the applicant is not satisfied with the Committee's decision, a request for an appeal may be filed with the Sponsor's governing body. Final appeal must be filed in writing with HCD within one year after denial. Page 19 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT A 24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS Part 5 Inclusions This table presents the Part 5 income inclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005). General Category (Last Modified: January 2005) 1. Income from Income from employment of children (including foster children) under the age of 18 years. 2. Foster Care The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips ps�ee, alaries, and bonuses, and other compensation for personal services. 3. Inheritance and The net income from the Operation of a business or profession. Expenditures for business expansion or Insurance Income amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance Business for depreciation of assets used in a business or profession may be deducted, based on straight-line 2. Income depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the Reimbursements operation of a business or profession will be included in income, except to the extent the withdrawal is 5. Income of Live-in reimbursement of cash or assets invested in the operation by the family. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance 3. Interest & for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from Dividend IRE lbwill be included in income, except to the extent the withdrawal is reimbursement of cash or an invesn�ent R 9 assetls invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets basal on the currenLpassbook savings rate, as determined by HUD. Retirement 5. Unemployment & : Payments in lieu of earnings, such as 7. Alimony, Child Support, &Gift FPeriodicIncome and determinable allowances, such as alimony and child support payments, and regular ributions or gifts received from organizations or from persons not residing in the dwelling. 8. Armed Forces JAII regular pay, special day, 8 of Income Exclusions). General Category (Last Modified: January 2005) 1. Income of Children Income from employment of children (including foster children) under the age of 18 years. 2. Foster Care Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated Payments to the tenant family, who are unable to live alone). 3. Inheritance and Lump -sum additions to family assets, such as inheritances, insurance payments (including payments under Insurance Income health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except for certain exclusions, listed in Income Inclusions, number 5). 4. Medical Expense Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical Reimbursements expenses for any family member. 5. Income of Live-in Income of a live-in aide (as defined in 24 CFR5.403). Page 21 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 6 Income from a Certain Disabled Member receiving HOME tenant -based rental assistance (24 CFR 5.671 (a)). _ 7. Student Financial The full amount of student financial assistance paid directly to the student or to the educational institution. Aid - - ___.._---- _.._ z3•nostne rrre" Nay The special pay to a family member serving in the Armed Forceswho is exposed to hostile fire. 9. Self -Sufficiency a. Amounts received under training programs funded by HUD. Program Income b. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefik because they are set side for use under a Plan to Attain Self -Sufficiency (PASS). c. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. d. Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving s a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. e. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment -training program. 10. Gifts Temporary, nonrecurring, or sporadic income (including gifts). 11. Reparation Reparation payments paid by a foreign government pursuant to claims filed under the laws of that 12 Income from JEarnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household Full-time Students or spouse). 13 Adoption — - Payments_ [Adoption assistance payments 14. Social Security &; Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 115. Property Tax Amounts received by the family in the form of refunds or rebates under state or local law for property taxes 16. Home Care 17. Other Federal Amounts specifically excluded by any other Federal statute from consideration as income for purposes of Exclusions determining eligibility or benefits under a category of assistance programs that includes assistance under any that exclusion: ► The value of the allotment provided to an eligible household under the Food Stamp Act of 1977; ► Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through AmeriCorps, VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); ► Payments received under the Alaskan Native Claims Settlement Act; ► Income derived from the disposition of funds to the Grand River Band of Ottawa Indians; ► Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; h Payments or allowances made under the Department of Health and Human Services' Low -Income Home Energy Assistance Program. ► Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721); The first $2,000 of per capita shares received from judgment funds awarded by the Indian Clarms Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands; ► Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the Bureau of Indian Affairs student assistance programs; ► Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, Older American Community Service Employment Program); 1� Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other Page 21 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.); ! Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned income credit payments; ► The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990; ! Payments received under programs funded in whole or in part underthe lob Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, lob Corps, veterans employment programs, state Job training programs and career intern programs, AmeriCorps). ► Payments by the Indians Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation; ► Allowances, earnings, and payments to AmeriCorps participants under the National and Community Services Act of 1990; ► Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran; ► Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act; and ► Allowances, earnings, and payments to individuals participating in programs under the Workforce InvestmentAct of 1998. Page 22 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT B PART 5 ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS This table presents the Part 5 asset inclusions and exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005). Statements from 24 CFR Part 5 — Last Modified: January 2005 Inclusions I. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the currentbalance. For checking accounts, use the average 6-monthbalance. Assets held in foreign countries are considered assets. 2. Cash value of revocable trusts available to the applicant. 3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans securedby the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner -occupied rehabilitation projects. 4. Cash value of stocks, bonds, Treasurybills, certificates of deposit and money market accounts. 5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty). 6. Retirement and pension funds. 7. Cash value of life insurance policies available to the individual before death (e. g., surrender value of a whole life or universal life policy). 8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc. 9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments. 10. Mortgages or deeds of trust held by an applicant. Exclusions 1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities. 2. Interest in Indian trust lands. 3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset. 4. Equity in cooperatives in which the family lives. 5. Assets not accessible to and that provide no income for the applicant. 6. Term life insurance policies (i.e., where there is no cash value). 7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation. Page 23 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT C COUNTY NAME One-FamilyTwo-Family 1-BDR2-BDR Three -Family Four -Family SAN JOA UIN $362,790 $417,300 $507,000 $585,000 HOME SUBSIDY LIMITS PER UNIT —SECTION 221(d)(3) FOR SA N JOAQUIN COUNTY (Limit is effective 04/15/09) COUNTYNAME O-BDR 1-BDR2-BDR 2 3-BDR 4-BDR SAN JOA UIN $134,269 $153,916 1 $187,162 $242,125 $265,780 2009 MEDIAN FAMILY INCOME FOR SAN JOAQUIN COUNTY* Number o ;, Persons in Household 1 2 3 4 5 6 7 8 80% of AMI $35,650 $40,700 $45,800 $50,900 $54,950 $59,050 $63,100 $67,200 "Sponsor will insert the limits for the county in which the Program is located, and will update the income limits annually as HCD provides new information. The link to the official, HCD-maintained, income limits is: htti)://www.hed.ca.2ov/hl)d/hrc/rei)/state/iiicNote.html Page 24 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT D LOAN SERVICING POLICIES AND PROCEDURES FOR CITY OF LODI The City of Lodi, hereafter called "Lender," has adopted these policies and procedures in order to preserve its financial interest in properties, whose "Borrowers" have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them. The policies and procedures are broken down into the following areas: 1) making required monthly payments or voluntary payments on a loan's principal and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications S) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) processing of foreclosure in case of default on the loan. 1. Loan Repayments: The Lender will collect monthly payments from those borrowers who are obligated to do so under Notes which are amortized promissory notes (or Lender will use a designated loan collection company to collect payments). Late fees will be charged for payments received after the assigned monthly due date. For Notes which are deferred payment loans, the Lender must accept voluntary payments on the loan. Loan payments will be credited to principal. The borrower may repay the loan balance at any time with no penalty. 2. Payment of Property Taxes and Insurance: As part of keeping the loan from going into default, borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a junior lien. If borrower fails to maintain the necessary insurance, the Lender may take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower's new insurance. When a property is located in a 100 -year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance with an endorsement naming the City of Lodi as additional insured will be required at close of escrow. The lender will verify the insurance on an annual basis. Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment. Page 25 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 3. Required Request for Notice of Default: When the Borrower's loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender's loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action, The Lender will then have time to contact the Borrower and assist them in bringing the first loan current, if possible. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans. 4. Annual Occupancy Restrictions and Certifications: On owner -occupant loans the Lender will require that Borrowers submit utility bills and/or other documentation annually to prove occupancy during the term of the loan. Some loans may have income and housing cost evaluations, which require a household to document that they are not able to make amortized loan payments, typically every five years. These loan terms are incorporated in the original note and deed of trust. 5. Required Noticing and Restrictions on Any Changes of Title or Occupancy: In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to low- income households (below 80 percent of AMI). Change from owner -occupant to owner -occupant occurs at a sale. When a new owner-occupantis not low-income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner -occupant qualifies as low-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owner -occupant, subject to the approval of the Lender's Loan Committee (depends on the HCD program). If a transfer of the property occurs through inheritance, the heir (as owner -occupant) may be provided the opportunity to assume the Ioan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low-income, the balance of the loan is due and payable. If the heir intends to act as an owner -investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender's Loan Committee. Page 26 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 Change from owner -occupant to owner -investor occurs when an owner -occupant decides to move out and rent the assistedproperty, or if the property is sold to an investor. If the owner converts any assisted unit from owner -occupied to rental, the loan is due in full. Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for a business but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable. 6. Requests for Subordinations: When a Borrower wishes to refinance the property, they must request a subordination request to the Lender. The Lender will subordinate their loan only when there is no "cash out" as part of the refinance. No cash out means that there are no additional charges on the transaction above loan and escrow closing fees. There can be no third party debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the household with a lower interest rate, and the total indebtedness on the property should not exceed the current market value. Also, provisions of Section 5.2 and 5.3 of these guidelines still apply, which state that the loan must: a) be fully amortized and have a fixed interest rate that does not exceed the current market rate, as established by an index identified in the most recent NOFA; b) not have a temporary interest rate buy -down; c) have a term "all due and payable" in no fewer than 30 years; and; d) not have a balloon payment due before the maturity date of the Program loan. Upon receiving the proper documentation from the refinance lender, the request will be considered by the loan committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Lender. 7. Process for Loan Foreclosure: Upon any condition of loan default: 1) non payment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; 4) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure. When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating"the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note. Page 27 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 If the Lender determines, based on information on the reinstatement amount and status of borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have sufficient funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property them selves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosureprocess and pay off the senior lien holder and retain some or all of their investment. If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4)to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Lender determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds. Lender as Senior Lien holder When the Lender is first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender's staff will consider the following factors before initiating foreclosure: 1) Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary? 2) Can the Borrower refinance with a private lender and pay off the Lender? 3) Can the Borrower sell the property and pay off the Lender? 4) Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.) 5) Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs? If the balance is substantial and all of the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty -day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL). At the end of thirty days, the Lender should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the Page 28 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 owner and junior lien holders. The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings. When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses. Page 29 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT E LLERS Ai BASED PAINT LOSURE Disclosure of Information on Lead -Based Paint and/or Lead -Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-basedpaint hazards is recommended prior to purchase. Seller's Disclosure (a) Presence of lead-based paint and/or lead-basedpaint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check (i) or (ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to Lead-based paint and/or lead-based paint hazards in the housing (list documents below). (ii) feller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (1) received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-basedpaint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of Lead-based paint and/or lead-based paint hazards (NOT PERMISSIBLE FOR HOME AND CDBG). Agent's Acknowledgment (initial) (f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of hisiher responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date Page 30 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT F Disclosure to Seller with Voluntary, Arm's Length Purchase Offer This is to inform you that contract of sale. DECLARATION would like to purchase the property, located at , if a satisfactory agreement can be reached. We are prepared to pay for a clear title to the property under conditions described in the attached proposed Because Federal funds may be used in the purchase, however, we are required to disclose to you the following information: The sale is voluntary. If you do not wish to sell, the buyer, , thru the agency, will not acquire your property. The buyer does not have the power of eminent domain to acquire your property by condemnation (i.e. eminent domain) and the agency/Sponsor will not use the power of eminent domain to acquire the property. 2. The estimated fair market value of the property is $ and was estimated by ,to be finally determinedby a professional appraiser prior to close of escrow. Since the purchase would be a voluntary, arms length, transaction you would not be eligible for relocation payments or other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), or any other law or regulation. Also, as indicated in the contract of sale, this offer is made on the condition that no tenant will be permitted to occupy the property before the sale is completed. Again, please understand that if you do not wish to sell your property, we will take no further action to acquire it. If you are willing to sell the property under the conditions described in the attached contract of sale, please sign the contract and return it to us at: . If you have any questions about this matter, please contact Sincerely, Title Buyer Date Buyer Date Page 31 of 35 at City of Lodi Homebuyer Program Guidelines HCD Version 12-09 Form continues on next page with Seller's Acknowledgment Disclosure to Seller with Voluntary, Arm's Length Purchase Offer (Page 2) Acknowledgement As the Seller Uwe understand that the will inspect the property for health and safety deficiencies. Uwe also understand that public funds may be involved in this transaction and, as such, if the property was built before 1978, a lead-basedpaint disclosure must be signed by both the buyer and seller, and that a Visual Assessment will be conducted to determine the presence of deterioratedpaint. As the Seller, Uwe understand that under the City of Lodi's program, the property must be currently owner -occupied, vacant for three months at the time of submission of purchase offer, new (never occupied), or renter purchasing the unit. Uwe hereby certify that the property is: ❑ Vacant at least 3 months; ❑ Owner -occupied; ❑ New; or ❑ Being Purchased by Occupant Uwe hereby certify that I have read and understand this "Declaration" and ❑ a copy cfsaid Notice wasgiven to meprior to the offer topurchase. ffreceived afterpresentation of the purchase offer, W e choose ❑ to withdraw or ❑ not to withdraw,from the Purchase Agreement. Seller Seller Page 32 of 35 Date Date City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT G CITY OF LODI INSTRUCTIONS TO HOME BUYER A. Participant works with lender of choice to obtain the primary lender's pre -qualification letter. B. Participant works with real estate agent to select home. Program disclosures are reviewed with agent for presentation to seller. Preference will be given to vacant or owner -occupied homes rather then tenant -occupied homes. C. Participant selects home and enters into a purchase contract (contingentupon receiving Program loan approval). Lenderprovides the Program Operatorwith a copy of - real estate sales contract - residential loan application - credit report - verified income documentation - disclosure statement - proof of personal funds for participation in program - breakdown of closing costs - structural pest control clearance - appraisal with photos - escrow instructions - preliminary title report D. Program Operator reviews paper work to determine program eligibility and financing affordability for participant etc. E. Program Operator staff meets with qualified applicant to provide information relative to the program requirements, the lending process, and home ownership responsibilities. F. Program Operator has home inspected (if necessary) to meet HQS or code compliance (dependent upon the program). Notice of any deficiencies or needed corrections are given to participant's real estate agent, with recommended course of action. G. Program Operator requests loan approval from Sponsor's Loan Review Committee. Following loan approval, Program Operator prepares Deed of Trust, Promissory Note, Notice of Default, Grant Agreement, Owner -Occupant Agreement with City of Lodi, requests checks and deposits' same into escrow. H. Escrow company furnishes Program Operator with proof of documents to be recorded, and any escrow close out information. After receipt of recorded loan documents, HUD I, Insurance Loss Payee Certification and Final Title Insurance Policy (Program Operator) closes out the loan file. Page 33 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT H LEAD-BASED PAINT VISUAL ASSESSMENT, NOTICE OF PRESUMPTION,AND HAZARD REDUCTION FORM Section 1: Background Information Property Address: No LBP found or LBP exempt ❑ Select one: I Visual Assessment ❑ Presumption ❑ 1 Hazard Reduction ❑ Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to occupantw/in 15 days of presumption. Date of Presumption Notice: Lead-based paint is presumed to be present ❑ and/or Lead-based paint hazards are presumed to be present ❑ Attachment B: Summary of Presumption: Section 4: Notice of Lead -Based Paint Hazard Reduction Activity. Fill out Sections 1, 4, 5, and 6. Provide to occupant w/in 15 days of after work completed. Visual Assessment Date: Report Date: Check if no deteriorated paint found ❑ If "No", dates of previous Hazard Reduction Activity Notices: Attachment C: Activity locations and types. Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to occupantw/in 15 days of presumption. Date of Presumption Notice: Lead-based paint is presumed to be present ❑ and/or Lead-based paint hazards are presumed to be present ❑ Attachment B: Summary of Presumption: Section 4: Notice of Lead -Based Paint Hazard Reduction Activity. Fill out Sections 1, 4, 5, and 6. Provide to occupant w/in 15 days of after work completed. Date of Hazard Reduction Notice: Initial Hazard Reduction Notice? Yes ❑ No ❑ 1 Start & Completion Dates: If "No", dates of previous Hazard Reduction Activity Notices: Attachment C: Activity locations and types. Attachment D: Location of building components with lead-based paint remaining in the rooms, spaces or areas where activities were conducted. Attachment E: Attach clearance renort(s), using DHS form 8552 and 8551 for abatement activities Section 5: Resident Receipt of Notice for Presumption or Lead -Based Paint Hazard Reduction Acoii�y__t Printed Name: Signature: Date: Section 6: Contact Information Organization: Contact Name: Contact Signature: Date: Address: I Phone: Page 34 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09 ATTACHMENT I Homebuyer Program Lead Compliance Document Checklist The following documents should be in each Homebuyer unit file to document compliance with the lead requirements: Document Name Purpose Lead Safe Housing Rule Screening Sheet Documents exemptions Physical inspection form (HQS or equivalent) Documents visual assessment results Seller Certification Seller certifies that paint was stabilized by qualified workers and that safe work practices were followed during paint stabilization Clearance Report and Clearance Review Worksheet Documents that unit passed clearance Disclosure Form Documents that buyer received disclosure and pamphlet. Lead Hazard Reduction Notice Documents that buyer received required lead hazard reduction notification. This was taken from the HUD Website at: http:Ilwww.hud.aovlofficeslcpolaffordablehousina/train inalleadsafelusefulformslindex.cf m#crosscutting Page 35 of 35 City of Lodi Homebuyer Program Guidelines HCD Version 12-09