CalHome Program Managing your Contract 2010 California Department of Housing and Community Development

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Transcript CalHome Program Managing your Contract 2010 California Department of Housing and Community Development

2010
CalHome Program
Managing your Contract
California Department of Housing and Community Development
Chris Westlake – Deputy Director
Nicole Carr – Assistant Deputy Director
Program Staff
CalHome Program Manager
Raymond Victor 916.327.8255
[email protected]
Program Representatives
Rikki Bradley
916.445.8335
[email protected]
Imperial, Kern, Los Angeles, San Bernardino, San Luis Obispo, Ventura
Rick Gadberry
916.327.3647
[email protected]
Butte, Glenn, Humboldt, Lake, Mendocino, Mono, Nevada, Orange, Shasta,
Riverside, San Diego, Sonoma, Trinity, Tulare, Tuolumne
Dana Kleiman
916.327.3594
[email protected]
Alameda, Contra Costa, Madera, Merced, Monterey, Napa, Placer, Sacramento,
San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus,
Solano, Sutter, Yolo, Yuba
Gary Pettigrew
916.327.3586
[email protected]
Project Development Loans and Mortgage Assistance Loans within named Projects
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Standard Agreement
Standard Agreement (STD 213)
First Page:
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Standard Agreement Number
Standard Agreement Amount
Recipient Authorized Signature
Important Dates
Term of the Agreement
Effective date stamped in bottom right corner
NO FUNDS MAY BE OBLIGATED BEFORE THE HCD DATE STAMP
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Standard Agreement (STD 213) continued
Exhibit A:
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Contract Deadline - October 19, 2013
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100% expenditure deadline AND
Termination of Grant Agreement
Special Conditions or Restrictions
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Federally-qualified census tract(s)
Redevelopment area(s)
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Standard Agreement (STD 213) continued
Exhibit B:
• One Time Submissions
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Program Guidelines to include each activity
Loan Servicing Plan
Reuse Account Plan
Homebuyer Education Plan
• Mortgage Assistance Program only
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Loan Document Templates for each activity
• Should be only for CalHome funds
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Executed Monitoring Agreement
All items must be submitted, reviewed and approved
PRIOR to release of funds
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Program Guidelines
The Local Look of Your CalHome Program
Program Guidelines
Blueprint of Your Program Operation:
• Designed to meet your local needs
• Developed by you
• comprehensive
• clearly written
• Must comply with CalHome Regulations
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Program Guidelines continued
Includes:
• Types of housing allowed
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SFR, 2-4 units, Condo, Manufactured housing
• Interest rate on loans
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Consistent throughout program
• Maximums for:
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CalHome subsidy amounts per loan
CLTV
Sales price/value
• Data source for setting maximum sales price/value
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Program Guidelines continued
• Underwriting policies
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Methodology for determining eligibility
Methodology for determining income
Benchmarks for credit worthiness
• Allowable terms of senior and junior liens
• Subordination of the CalHome loan to a new senior lien
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Restrictions - avoid jeopardizing CalHome lien
• CLTV
• Rate and term
• Methodology for handling
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Defaults
Foreclosures
Short sales
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Program Guidelines continued
• CalHome Core Requirements
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Low to very low income per HCD chart
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Owner-occupancy
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Not assumable
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Limited permissible transfers
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Interest rate up to 3% or shared net equity
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Deferred payments for term of the loan
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Program Guidelines continued
• Activity Specific requirements – Mortgage Assistance
• Gap financing
• First-time Homebuyer
• Home Buyer Education
• 30 year term (except with USDA 502)
• Purchase with rehabilitation
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Program Guidelines continued
• Activity Specific requirements – Rehabilitation
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Development of scope of work and costs for:
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Correction of Health or Safety issues
Correction of Code violations
Compliance with a local ordinance
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Processes for bidding by licensed contractors
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Management of construction progress
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Agreement between Borrower and Recipient
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Agreement between Borrower and Contractor
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Dispute resolution
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Loan Servicing
Loan Servicing Requirements
• You are responsible for loan servicing for the
term of the loan
• May be done by Recipient or contracted to a third
party
• If a third party provides this service you must
submit a copy of the contract
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Loan Servicing continued
Loan Servicing Plan Elements:
• Procedure for verifying:
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Owner-occupancy
Current status of insurance
Property taxes are current and paid
• Methodology to:
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Track loan repayments
Calculate pay-offs and process demands
Reconvey Deeds of Trust
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Loan Servicing continued
Additional concerns:
• Identify eligible transfers
• Describe accelerating events
• Set out processes for Collections and Defaults
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Foreclosure of CalHome loan
Foreclosure of a senior lien
Short-sale
• Define refinancing requirements
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Rate and term only
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Reuse Account Plan
Reuse Account Plan Requirements
• Must be a designated account
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Separate from active grant account
Can contain funds from more than one CalHome grant
No co-mingling of funds
• Describe tracking system
• Describe funds contained in it
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Repayments of Principal and Interest
Allowable excess from OOR projects
Interest earned on Active Account
Interest earned on Reuse Account
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Reuse Account Plan continued
• Describe eligible use of account funds
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May be used for any CalHome eligible activity
• Mortgage Assistance
• Mortgage Assistance with rehabilitation
• Owner-Occupied Rehabilitation
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May be used for ADF reimbursement
• Restricted to loans made entirely from the Reuse Account
• Must be for actual costs, reasonable and normal for the area
• Includes $350 for Homebuyer Education
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May be used for loan servicing
• Up to 5% of funds deposited
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Homebuyer Education
Homebuyer Education Requirements
• For Mortgage Assistance activities only
• You are responsible for the contents and delivery
of the Homebuyer education
• May be done by Recipient or contracted to a third
party
• If a third party provides this service you must
submit a copy of the contract or MOU
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Homebuyer Education Plan continued
Homebuyer Education Plan Elements:
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Establish the amount of reimbursement per CalHome loan
closed ($350 maximum)
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Identify who is to provide training
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Recipient
Third Party
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Must be in business of providing homebuyer education
Lenders, Realtors, and on-line are usually not acceptable
Identify who must receive training
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All borrowers must complete a 5-8 hour live course
Each borrower must receive a certificate
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Homebuyer Education Plan continued
• Set out the required curriculum:
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Preparing for homeownership/shopping for a home
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Available financing, credit analysis and making an offer
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Loan closing
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Homeownership responsibilities
• home maintenance
• Avoiding foreclosure
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Loan payments and servicing
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Disbursement Procedures
Disbursement of Funds
• After all predisbursement requirements have
been met
• What amount may be requested?
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Promissory Note amount
Activity Delivery Fee Reimbursement (cost recovery)
• Normal and Customary for market
• Reasonable and justifiable
• Actual
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Combined amounts may not exceed $60,000 cap
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Disbursement of Funds continued
• Draw Request on appropriate form
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Must be signed by Authorized Signatory
• Request for funds as Reimbursement
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Submit Borrower Summary and ADF Reimbursement forms
Attach all documentation identified on Borrower Summary
• Request for funds as an Advance
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Up to 25% of the award amount each time
2/3 of the advanced funds must be documented before next request
will be processed
To document usage:
• Submit Borrower Summary and ADF Reimbursement forms
• Attach all documentation identified on Borrower Summary
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Income Qualifying
Income Qualifying Requirements
Two factors to consider:
• Household size
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Count all persons living in the property regardless of age
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Exceptions:
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Foster children
Unborn children
Children subject to shared custody if less than 50% of time
Non-related live-in caretakers if paid by outside agency
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Income Qualifying continued
• Gross Income of all adult household members
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Income inclusions and exclusions per 25 CCR, Section 6914
• Appendix A in CalHome Operations Handbook
• Exclude income from non-related live-in caretaker if paid outside
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Verified by use of:
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Source documents
Third Party verifications
Credit Report
EDD verifications of UI or DI benefits
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Income Qualifying continued
• Project 12 months into the future
• Complete the CalHome Gross Income Worksheet
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“Forms” tab in CalHome Operations Handbook
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Guides you through treatment of assets
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Asset liquidation not required
Show but do not include amounts to be used for transaction
Asset value if being retained is market value - NOT cash value
Income from assets only if asset value is $5,000 or more
• Compare to State Income Limits for County
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80% or less (low or very low income)
Adjusted for household size
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Underwriting Requirements
Underwriting Requirements
For each CalHome Program Loan:
• Have a loan application signed and dated by Borrower
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Recipient’s own form
To be analyzed and confirmed by Underwriter (sign and date)
• Determine eligibility:
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Property
• Requirements for an appraisal
• Sales price or value limits
• If Mortgage Assistance only, must be ready for occupancy
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First time homebuyer or confirm presently on title
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Underwriting continued
• Determine eligibility (continued):
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Income
• Amount of gross income
• Income for household does not exceed income limits
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Risk level
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Credit worthiness
Debt Ratios
Compensating factors
CLTV does not exceed 100% plus 5% for closing costs
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Underwriting continued
• Confirm
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Subsidy amount plus ADF does not exceed CalHome cap
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CalHome loan term is consistent within program:
• 30 years for Mortgage Assistance (either stick built or manufactured home
on non-permanent foundation)
• Up to -30 years for Owner-Occupied Rehabilitation
• 10-30 years for manufactured home on a non-permanent foundation
• 20 years for a forgivable loan on a manufactured home on a nonpermanent foundation
• 33-38 years if behind USDA-RHS 502 loan
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If CalHome is only subsidy, Borrower may sell at fair market value at
any time regardless of restrictions
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Underwriting continued
• Confirm continued:
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Terms of senior liens meet CalHome Requirements
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No ARMs or negative amortization loans
No temporary buydowns
No balloon payments or deferred interest
Maturity date must be same as CalHome loan
Terms of subordinate liens meet CalHome Requirements
• Fees reasonable and consistent with those charged for first liens
• No balloon payment before the maturity date of the CalHome loan
• Must defer principal and interest for the term of the CalHome loan
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Loan Closing Procedures
Loan Closing Procedures
Pre-Closing
• Update income if data is older than 6 months
• Review for compatibility with CalHome requirements:
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First mortgage lender’s instructions to Escrow
First mortgage lender’s exceptions and exclusions to title
First mortgage lender’s loan documents
• Provide Instructions to Escrow
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No cash out
Recording sequence – CalHome first subsidy
Exceptions and endorsements to title policy
Insurance requirements – Recipient is Loss Payee
Request for recording information/document numbers
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Loan Closing Procedures continued
• Provide documents to Escrow
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CalHome Deed of Trust
Request for Notice of Default
Request for Notice of Completion
Disclosure forms required by law
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Loan Closing Procedures continued
Post-Closing
• Review for Completeness and Compliance:
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Signed and certified loan documents and disclosures
Certified FINAL Settlement Statement
Evidence of Insurance with Recipient as additional Loss Payee
• Confirm Title policy has:
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Correct borrower
Correct address
Liens in appropriate position and amounts
Exceptions as allowed
Requested endorsements attached
• Confirm all required documents have been recorded
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Performance Reporting
Performance Reporting
Two Reports – “a snapshot in time”
• Quarterly reports for active grants
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March 30th
June 30th
September 30th
December 31st
• Annual Reports July 1st through June 30th
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During Active grant phase
• Covers only the one grant
• Also reports the amounts in the Reuse Account
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Reuse Account Annual Report after first Active grant has closed
• Covers more than one grant
Reports are due 30 days after end of reporting period
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Performance Reporting continued
Reports include:
• Narrative summary
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Operational successes
Operational difficulties
Number and type of units assisted
• Financial summary
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Includes funds in Reuse Account as a separate line item
Reuse Annual Account should reconcile to other reports
• Signature and title of Authorized Signatory
• Signature date
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Recipient Monitoring
Monitoring
Purposes for Monitoring
• To ensure compliance with CalHome Regulations
• To provide technical assistance
• To suggest best practices
Major Methods of Monitoring
• Desk Reviews
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Borrower Summaries and attached documentation
Quarterly and Annual Reports
• Correspondence and phone calls
• Site visits during active grant phase
• Site visits during remainder of 20-year Agreement
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Monitoring continued
Monitoring Highlights
• During the term of the Standard Agreement and three years
beyond:
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Program Activity is monitored and subject to audit
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Individual Borrower files
All financial records associated with the CalHome Program
All other records as provided for in the Standard Agreement
All other program operations
• During the term of the Monitoring Agreement
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20 years term from date of stamp on Standard Agreement
• Loan Servicing
• Reuse Account
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Questions or Comments?
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Thank you!
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