File #: 10-867    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: Conduct a public hearing and accept the Homebuyer Assistance Study funded by a Community Development Conduct a public hearing and accept the Homebuyer Assistance Study funded by a Community Development
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Attachment - Homebuyer Assistance Study

 

 

 

 

 

 

COMPLETED BOARD ORDER�"���S-3

Before the Board of Supervisors in and for the

County of Monterey, State of California

Conduct a public hearing and accept the Homebuyer

Assistance Study funded by a Community

Development Block Grant CDBG) Planning and

Technical Assistance PTA) Grant.

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, the Board hereby:

Conducted a public hearing and accepted the Homebuyer Assistance Study funded by a

Community Development Block Grant CDBG) Planning and Technical Assistance PTA)

Grant.

PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.

Dated: August 2, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

 

By 112,

Deputy

 

 

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SIGNED BOARD REPORTX��"���MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 27, 2010 SET MATTER AGENDA NO.:

SUBJECT: Conduct a public hearing and accept the Homebuyer Assistance Study funded by a

Community Development Block Grant CDBG) Planning and Technical

Assistance PTA) Grant

DEPARTMENT: RMA  Redevelopment and Housing Office

RECOMMENDATION:

It is recommended that the Board of Supervisors conduct a public hearing and accept the Homebuyer

Assistance Study funded by a Community Development Block Grant CDBG) Planning and Technical

Assistance PTA) Grant.

SUMMARY:

The Redevelopment and Housing Office RHO) prepared a study using CDBG grant funds to evaluate

housing affordability, incomes, and funding sources with the goal of making the County's Homebuyer

Assistance Program more effective. As a result of this study, a revised First Time Home Buyer FTHB)

Program Manual will be prepared. The CDBG grant requires that the Board of Supervisors conduct a

public hearing to receive and accept the Homebuyer Assistance Study.

DISCUSSION:

On December 10, 2008, the County was awarded a General Allocation Community Development Block

Grant CDBG) Planning and Technical Assistant PTA) grant for $70,000 from the California

Department of Housing and Community Development HCD). The grant was awarded to fund two

separate studies, a Water System Improvement Study for the community of San Lucas and a Home

Buyer Assistance Study.

The Homebuyer Assistance Study has been completed. A new FTHB Program Manual Manual),

including program guidelines is being prepared. In addition, the RHO intends to prepare an application

for $800,000 in State HOME funds to provide down payment assistance under the revised FTHB

Program. The grant application and FTHB Manual are scheduled to be considered by the Board of

Supervisors in August.

The primary conclusions of the Homebuyer Assistance Study are summarized below:

 Median home prices in Monterey County have declined to a point where they are affordable to

moderate-income households, earning up to 120% of Area Median Income AMI) in the South

County and Salinas sub-areas. Moderate-income affordability gaps remain for the units in the

North County and Marina/Seaside/Ft. Ord and Peninsula sub-areas.

 Median home prices generally remain unaffordable to low-income households earning up to

80% of AMI) throughout the County.

 The affordability gaps vary considerably from one part of the County to another, with the lowest

affordability gaps existing in the South County sub-area and the highest gaps in the Peninsula

sub-area.

Recommendations

 Adopt separate loan limits for low and moderate-income borrowers.

 Update standard loan limits to reflect the lower affordability gaps.

 Keep guidelines for the FTHB Program flexible to allow for the use of funding from a variety of

sources

 

 

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SIGNED BOARD REPORTX��"��� Consider utilizing higher loan limits for residents of the South County and Marina/Seaside/Ft.

Ord sub-areas since median incomes in those areas are below the countywide AMI.

 Seek funding from State funding sources including Ca1HOME, BEGIN, HOME, and the Joe

Sema Jr. Farmworker Program.

 In order to make the down payment assistance sufficient to serve a wider range of potential

homebuyers, layer funding sources as some of the recommended loan limits exceed those set by

Ca1HOME, BEGIN, HOME, and the Joe Serna Jr. Farmworker Program.

The primary focus of the recommendations is to develop an effective program that will allow the

maximum number of households to take advantage of the current availability of affordable market rate

homes. It is further recommended that the revised program address the requirements of a variety of

funding sources including State HOME, BEGIN and Cal HOME funds, as well as local Redevelopment

funds. Generally these funding sources provide assistance to households earning less than 80% of the

County's Area Median Income AMI), however some sources allow qualifying households to earn up to

120% of AMI.

OTHER AGENCY INVOLVEMENT:

On July 9, 2008, the Monterey County Housing Advisory Committee HAC) recommended that the

Board of Supervisors approve the 2008 CDBG PTA Grant application. On March 10, 2010, the HAC

received the Homebuyer Assistance Study.

FINANCING:

The preparation of the Homebuyer Assistance Study was funded with the CDBG Grant. The

recommended action has no impact on the County's General Fund.

Prepared by:

e Royer B  Housing Program Manager Ji ook, irector

development and Housing Office / 1j development and Housing Office

Date:  J   /

Date: 7/ /y

Attachments: Home Buyer Assistance Study is on file with the Clerk to the Board of Supervisors

 

 

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ATTACHMENT - HOMEBUYER ASSIST��P�HOMEBUYER ASSISTANCE STUDY

Prepared for

County of Monterey

Prepared by

Keyser Marston Associates, Inc.

February 2010

 

 

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ATTACHMENT - HOMEBUYER ASSIST��P�Table of Contents

 Page

Introduction

Key Findings and Recommendations

1

Background 4

Market Rate Sales Prices 6

Maximum 2009 Affordable Sale Prices 8

Affordability Gap Analysis 10

Demographic Profiles 11

Mortgage Availability 13

Homeownership Funding Programs 13

Future Program Updates 15

Appendices

Map: Monterey County Subareas

Appendix Tables

Current First Time Homebuyer Manual

 

 

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ATTACHMENT - HOMEBUYER ASSIST��P�Introduction

Keyser Marston Associates, Inc. KMA) has undertaken an assessment of Monterey County's

First Time Homebuyer Assistance FTHB) Program in order to update the program to reflect

current demographic and market conditions in the County. The market and demographic data

used in the update of the FTHB program can also be used in designing the new Neighborhood

Stabilization Program NSP) homebuyer assistance program. The NSP program will be used

until the federal NSP funds are exhausted. The FTHB program is a permanent program that will

continue to seek funding from a variety of local and state funding programs. The following are

the primary goals of this assessment:

1. To evaluate current market rate home prices in various sub-markets of Monterey

County, particularly in light of the downturn in the residential real estate market;

2. To update the affordability gaps between affordable sale prices and market rate sale

prices based on current market conditions;

3. To evaluate the demographic profiles of potential first-time homebuyers living in various

sub-areas of Monterey County in order to determine how the homebuyer programs can

be designed to best address the particular housing needs of residents in these sub-

areas;

4. To survey available funding programs that the County may utilize to fund the FTHB

program as well as programs that provide assistance directly to homebuyers; and

5. To make recommendations regarding the design/redesign of the homebuyer programs

based on the conclusions drawn from this assessment.

Key Findings and Recommendations

A. Key Findings

1. Median home prices in Monterey County have declined to a point where they are

affordable to Moderate income households earning up to 120% of AMI) of all sizes in

the South County and Salinas sub-areas; there remain Moderate income affordability

gaps for the larger units in the North County and Marina/Seaside/Ft. Ord sub-areas and

very sizable gaps for all unit sizes in the Peninsula sub-area see the following Table 1);

2. Median home prices remain unaffordable to Low income households earning up to 80%

of AMI) throughout the County except for the smaller units in the South County and

Salinas sub-areas;

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ATTACHMENT - HOMEBUYER ASSIST��P�3. The affordability gaps vary considerably from one part of the County to another, with the

lowest affordability gaps existing in the South County sub-area and the highest gaps in

the Peninsula sub-area; from a practical point of view it is cost prohibitive for the

County's homebuyer programs to make median priced homes affordable to both Low

and Moderate income households in the Peninsula sub-area;

4. The Area Median Income AMI) is a county-wide standard and does not vary from one

part of the County to another; however there is a large disparity of median incomes

among the sub-areas. The South County and Marina/Seaside/Ft. Ord sub-areas have

medians that are below the county-wide median and the other sub-areas are above the

county-wide median see Table 9). For this reason, the affordability gaps that are

calculated based on the county-wide median are actually larger for residents of these

two sub-areas. The affordability gaps for households in these sub-areas could be

calculated and utilized as alternative loan limits to those described in this report.

However, such alternative loan limits would make implementation of the program and

the process for regularly updating the loan limits somewhat more complex.

5. The demographic group that is most likely to participate in the homebuyer programs is

Low and Moderate income renter households under the age of 55 available data does

not break down age groups under age 55); the largest numbers of these households

reside in the Salinas sub-area.

6. There are a number of State funding sources that are available to fund the County's

FTHB program. These include HOME, CalHome, BEGIN, and the Joe Serna

Farmworker program.

B. Recommendations

1. KMA recommends that the County adopt separate standard loan limits for Low income

and Moderate income borrowers;

2. Given the reduction in median home prices in Monterey County, the affordability gaps

have been reduced since the peaks of the housing market and we recommend that the

County update its standard loan limits to reflect the lower affordability gaps. If the County

desires to set loan limits for each sub-area of the County, the following are the

recommended limits, which are based on the calculated affordability gaps:

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ATTACHMENT - HOMEBUYER ASSIST��P�Table 1

Affordability Gaps by Sub-Area /

Recommended Standard Loan Limits if based on Sub-Areas

Monterey County Homebuyer Assistance Study

 Sub-Areas of the Homebuyer Assistance Study

 South Salinas North Marina/Seaside/ Peninsula

 County  County Ft. Ord

Low Income    

1-bedroom   $4,000 $19,000 $276,000

2-bedroom  $3,000 $64,000 $89,000 $459,000

3-bedroom $15,000 $64,000 $153,000 $199,000 $684,000

4-bedroom+ $46,000 $112,000 $186,000 $256,000 $966,000

Moderate Income    

1-bedroom     $147,000

2-bedroom     $314,000

3-bedroom    $38,000 $523,000

4-bedroom+   $12,000 $82,000 $792,000

Note: If HOME funds are utilized, a separate total loan limit applies ranging from $147,250 for a one-bedroom

unit to $254,270 for a four-bedroom unit.

3. If the County desires to continue to have loan limits consistent throughout the County

not by sub-area), we have calculated the affordability gaps for the whole County except

the Peninsula sub-area. The Peninsula sub-area has been excluded from this calculation

due to the extraordinarily high affordability gaps in the Peninsula relative to the other

sub-areas in the County. As the table indicates, there are no affordability gaps for

Moderate income homebuyers to purchase median priced homes in Monterey County

when home prices in the Peninsula sub-area are excluded. The County could continue

to use higher Exception" loan limits currently set at HUD 221(d)(3) limits) on a case by

case basis as is the County's practice with the current FTHB program.

Table 2

Countywide Affordability Gaps excluding Peninsula Sub-Area /

Recommended Standard Loan Limits if not based on Sub-Areas

Monterey County Homebuyer Assistance Study

 

 

Recommended Limits Current County

FTHB Standard Loan

Limits Low Income)

Home Size Low Income Moderate Income

1-bed room   $60,000

2-bedroom $9,000  $85,000

3-bedroom $64,000  $98,000

4-bedroom $86,000  $100,000

Note: The affordability gaps for the whole county including the Peninsula sub-area are shown

on the bottom of Table 8.

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ATTACHMENT - HOMEBUYER ASSIST��P�4. For the FTHB Program, the County will likely be seeking funding from State funding

programs as well as possibly utilizing local sources such as Redevelopment funding and

Inclusionary Housing in-lieu fees, and the guidelines for the FTHB program should

remain flexible with respect to its various criteria to allow for the use of funding from a

variety of sources. As one example, the County's Inclusionary Housing program requires

resale to an income-qualified buyer while the FTHB program does not. As another

example, the term of affordability under Redevelopment is 45 years while the term of

affordability under the Inclusionary Housing program is perpetuity.

5. Because the median incomes in the South County and Marina/Seaside/Ft. Ord sub-

areas are below the county-wide AMI, the County could consider utilizing higher loan

limits for residents of these areas.

6. We recommend that the County seek funding from State funding sources including

HOME, CalHome, BEGIN, and the Joe Serna Farmworker program. According to HCD,

these programs will be funded in 2010 and they appear to be good candidates to be

used to fund the FTHB program. These programs offer assistance of up to $80,000,

$60,000, $30,000 and $70,000 per unit.

7. Given the fact that some of the recommended loan limits either by the sub-area or the

county-wide approach) exceed the loan limits set by HOME, CalHome, BEGIN, and the

Joe Serna program, we recommend the County combine, or layer", these programs in

order to make the down payment assistance high enough to serve a wider range of

potential homebuyers.

Background

Monterey County's FTHB program has been in existence for many years but has not been

funded for the last several years due to the exhaustion of prior State funding and/or prioritization

of local funding to other activities. The County intends to seek funding in the near future from

State sources. In addition, federal Neighborhood Stabilization Program NSP) funds are

separately funding an NSP homebuyer assistance program. The County hopes to use the

current market and demographic analysis to help set some of the criteria for this new program.

One difference with the FTHB program is that the NSP homebuyer program is not specifically

for first-time homebuyers. However, it is anticipated that most homebuyers utilizing the NSP

program will be first-time homebuyers due to its limitation to households earning no more than

120% of AMI.

During the last decade, Monterey County had experienced a significant escalation in home

prices, one result of which is that homeownership had become unaffordable for many Low and

Moderate income households. The County's FTHB was designed to help bridge the

affordability gap" between market rate home prices and what Low and Moderate income

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ATTACHMENT - HOMEBUYER ASSIST��P�households can afford to pay. One problem that the FTHB program confronted when the

program was funded, particularly during the housing boom years, was that the maximum home

price that was set by HOME funding sources was too low for Monterey County and homebuyers

were unable to find homes priced below the HOME limits. Given the steep decline in home

prices in Monterey County, the HOME price limits as well as the price limits for the other

available funding sources as discussed later in this report) do not appear to present an issue

today, with the exception of the Peninsula sub-area, where median home prices for most unit

sizes exceed the HOME limits.

The following are some of the key criteria under the existing FTHB program for reference, the

latest FTHB Program Manual is included in the appendix of this report):

1. Household income  Qualifying household income is limited to 80% to 120% of Area

Median Income AMI) depending on the funding source utilized;

2. Loan limits  Standard loan limits for Low income households range from $50,000 for a

studio unit to $100,000 for a four-bedroom or larger unit, however the program does

permit exceptions that allow the Housing Loan Committee to increase the loan limits up

to maximum permitted by HOME program regulations currently, from $128,454 up to

$254,270 for studios up to four bedrooms); there are no specified loan limits currently for

Moderate income households even though the current FTHB program can be used by

Moderate income homebuyers if the funding sources permit;

3. Minimum homebuyer contribution  Homebuyers are required to contribute a 3% down

payment; however exceptions may be considered by the Housing Loan Committee;

4. Loan terms  payments deferred for the first five years after which the borrower's ability

to re-pay will be evaluated; term of the loan depends on funding program used; interest

rate is 3% per year;

5. Resale restrictions  depends on the funding program used; resale to an income-

qualified homebuyer is required through the County's Inclusionary Housing and

Redevelopment programs but not through other programs that have been used to fund

the FTHB program.

The loan limits in the current FTHB program apply throughout Monterey County even though

there is a wide range of market home prices and resident incomes in the County. The County

has requested that KMA assess these differences in order to determine if the FTHB program

can be updated to better address the needs of residents in various sub-areas of the County.

County staff identified five sub-areas for this assessment; each sub-area consists of one or

more of the County's existing Planning Areas. These five sub-areas, their corresponding County

Planning Areas and incorporated cities, are as follows see also the attached map):

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ATTACHMENT - HOMEBUYER ASSIST��P�Table 3

Sub-Areas for Homebuyer Assistance Study

  Incorporated Cities

Sub-Area County Planning Areas Included within Sub-Area

1. North County North County PA None

2. Salinas Area Greater Salinas and Toro PA's  Salinas

3. South County Central Salinas Valley and South  Gonzales

 County PA's  Greenfield

   King City

   Soledad

4. Peninsula Coast and Cachagua PA's and a portion  Carmel-by-the-Sea

 of the Greater Monterey Peninsula PA  Del Rey Oaks

   Monterey

   Pacific Grove

   Sand City

5. Marina/Seaside/Ft. Ord Portion of the Greater Monterey  Marina

 Peninsula PA cities of Marina and  Seaside

 Seaside and the former Ft. Ord

While the County's FTHB program must be used to purchase a home in the unincorporated

areas of the county, the potential homebuyers can come from throughout the county, both in

unincorporated areas and incorporated cities, and there is no preference or targeting to

residents of the unincorporated areas. Therefore, KMA's analysis of the demographics included

all residents in the county. It should be noted that due to the way NSP funds were allocated in

Monterey County, the NSP 1 homebuyer program will be serving the unincorporated areas as

well as six incorporated cities in the County  Marina, Seaside, King City, Greenfield, Soledad,

and Gonzales.

In terms of methodology, KMA collected both demographic and market data by census tracts.

The boundaries of the five sub-areas correspond roughly but not exactly with the boundaries of

an assemblage of census tracts'. These disparities are minimal, however, and do not detract

from the overall conclusions drawn from this analysis.

Market Rate Sales Prices

Overall, home prices in Monterey County have experienced a steep decline in the last several

years. According to the California Association of Realtors, the median sale price of all homes in

Monterey County condominiums and single family homes) declined from $310,000 to $210,000

in the 12-month period from July 2008 to July 2009; and according to the Monterey County

1 The single exception is the Cachagua Planning Area, which is essentially split by one larger census tract

shared with the Central Salinas Valley Planning Area and one larger census tract shared with the Coast

and Greater Monterey Peninsula Planning Areas.

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ATTACHMENT - HOMEBUYER ASSIST��                     P�Association of Realtors, the average single family home price in Monterey County peaked at

$1.1 million in the third quarter of 2007 and declined to $465,000 in the third quarter of 2009.

Table 4

Average Single Family Home Price

Monterey County

Source: Monterey County Association of Realtors

The decline in median and average home prices is partly a reflection of the large number of

foreclosed homes in Monterey County and homes sold under the threat of foreclosure. In 2008,

3,875 homes were foreclosed upon in Monterey County compared to 893 in 2007. Foreclosure

rates in parts of Monterey County rank as some of the highest in the country. The sub-areas of

the County with the highest rates of Notices of Default the first step in the foreclosure process)

were in the South County and Salinas sub-areas and the sub-area with the lowest rate was the

Peninsula. As shown on Table 5 below, there is a correlation between home price and

foreclosure rate.

KMA analyzed market rate sale prices for all homes sold in Monterey County within the 12-

month period starting October 1, 2008 and ending September 30, 2009. The 12-month period

was chosen in order to have a large enough set of sales data for statistically significant results,

particularly when the data is broken down to the sub-area level. There were approximately

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P�4,900 homes sold within this time period2. The median prices of all homes sold within each sub-

area were as follows lowest to highest):

Table 5

Monterey County Median Home Prices

October 1, 2008 to September 30, 2009

 

Sub-Area

Homes Sold Median Home Price

all unit sizes) Rate of Notices of

Default % of total units)

South County 1,051 $160,000 6.4%

Salinas Area 2,636 $199,000 4.6%

North County 145 $246,000 1.7%

Mari na/Seaside/Ft. Ord 481 $315,000 2.2%

Peninsula 629 $710,000 1.2%

County-wide 4,942 $217,000 3.2%

Source: Dataquick

The majority of homes sold in Monterey County in this period were three- and four-bedroom

homes and there was not a statistically significant number of studio or one-bedroom unit sales.

The average number of bedrooms among the homes sold was 3.2 county-wide, with the largest

homes sold in the South County sub-area at 3.6 bedrooms) and the smallest in the Peninsula

and North County sub-areas at 2.7 and 2.6 bedrooms respectively). The average year built" of

homes sold was 1977 county-wide, with the newest homes sold in the South County sub-area

1990) and the oldest in the Peninsula sub-area 1963). For additional detail, see Appendix 1.

Overall, the single family residential market has improved in Monterey County since the early

part of 2009. Statistics from the Monterey County Association of Realtors indicates that between

the 2nd and 3rd quarters of 2009, inventories of homes on the market have decreased, average

days-on-market before homes sold is down, and the average sale price is up. On a national

level, real estate experts generally predict that the market will remain soft in 2010 and that the

recovery will be slow. At least three factors going forward will play a role in the overall pace of

the recovery: 1) the willingness of the federal government to continue to extend current federal

homebuyer tax credits and ability to continue to keep mortgage interest rates low; 2) the extent

to which current Alt-A and Option ARM mortgages lead to a second bout of foreclosures; and

3) the speed at which the overall economy and employment improves.

Maximum 2009 Affordable Sale Prices

The following are the maximum qualifying incomes for Low income and Moderate income

households in Monterey County:

2 A small number of sales were not included in the analysis because complete information was not

reported by Dataquick location, unit size, etc.).

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ATTACHMENT - HOMEBUYER ASSIST��
P�Table 6

2009 Maximum Qualifying Incomes for Affordable Housing

Monterey County

 Household Size

 2-Person 3-Person 4-Person 5-Person

2009 Area Median Income $53,850 $60,550 $67,300 $72,700

 Monterey County   

Low Income $43,080 $48,440 $53,840 $58,160

51 % to 80% of AMl)   

Moderate Income $64,620 $72,660 $80,760 $87,240

81 % to 120% of AMI)   

 

Source: California HCD

In terms of calculating the supportable affordable home prices, the California Health and Safety

Code Section 50052.5 specifies that the sale price for a Low income household be set

assuming a housing expense of 30% of 70% of AMI, adjusted for household size, and for a

Moderate income household, 35% of 110% of AMI. Housing expense includes mortgage

payments as well as property taxes, utilities, insurance, etc. The following are some of the key

assumptions utilized in the affordable price calculations:

1. Down payment at 3.5% of the sale price this assumption was based on requirements

of FHA financing;

2. Mortgage interest rate at 5.5% fixed rate for 30 years based on FHA financing3;

3. Property taxes at 1.2% of the market rate home price  this is the 1 % base property tax

plus an assumption for additional assessments applicable to the average home

throughout the County;

4. HOA/insurance/utilities ranging from $200 per month for a one-bedroom up to $275 per

month for a 4-bedroom home  these expenses can vary significantly from one

residential development to another this is an assumption of the expense for the average

home in the County);

5. Mortgage Insurance at 0.5% of mortgage amount  this assumption is based on FHA

mortgage requirements

It should be noted that the FTHB program and the County's Inclusionary Housing program have

different restrictions on re-sale of homes, which influences the underwriting assumptions. Under

the FTHB program, homebuyers can re-sell their home for an unrestricted market price. The

County works with potential homebuyers to maximize the first mortgage amount given current

interest rates, which are in the range of 5.5%, in order to minimize the amount of FTHB

3 KMA interviews of mortgage brokers with Bank of America and Wells Fargo indicated that FHA is the

most commonly used financing for Low and Moderate income buyers due to the low down payment

requirement of 3.5% and FICO score requirements that are more lenient than other funding programs

such as through CaIHFA.

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ATTACHMENT - HOMEBUYER ASSIST��

P�assistance. The County's Inclusionary program requires re-sale to another income-qualified

homebuyer and calculates the affordable home price based on a pre-determined 7.5% interest

rate. The 7.5% interest rate provides a buffer" that reduces the risk that an Inclusionary

Housing homeowner would have to sell the home for a lower price than they paid due to rising

mortgage interest rates.

Based on the assumptions described above, the 2009 affordable home prices are as follows

see Appendix 3 and Appendix 4 for additional detail):

Table 7

Affordable Home Prices

Unit Size Low Income Moderate Income

1-bedroom $104,000 $233,000

2-bedroom $116,000 $261,000

3-bedroom $126,000 $287,000

4-bedroom $134,000 $308,000

Source: Estimated by KMA

Since the affordable prices are determined based on the county-wide AMI, the above-prices

apply to all sub-areas of the County regardless of the actual median incomes within each sub-

area. As mentioned previously, however, the County could consider raising the loan limits to

residents of the South County and Marina/Seaside/Ft. Ord sub-areas based on the actual

estimated medians in those sub-areas because they are below the county-wide median.

Affordability Gap Analysis

An affordability gap exists when market rate home prices exceed the affordable sale prices.

Based on the median market rate price and affordable sale prices, the following table

summarizes the affordability gap for one-, two-, three-, and four-bedroom units see Appendix 5

and Appendix 6 for complete detail)4:

4 Due to the limited number of one-bedroom unit sales in certain sub-areas, KMA estimated the one-

bedroom median prices in certain sub-areas for purposes of the gap calculation.

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ATTACHMENT - HOMEBUYER ASSIST��

P�Table 8

Affordability Gaps lowest to highest)

Sub-Area 1-bedroom 2-bedroom 3-bedroom 4-bedroom

South County   

Low Income No gap No gap $15,000 $46,000

Moderate Income No gap No gap No gap No gap

Salinas   

Low Income No gap $3,000 $64,000 $112,000

Moderate Income No gap No gap No gap No gap

North County   

Low Income $4,000 $64,000 $153,000 $186,000

Moderate Income No gap No gap No gap $12,000

Marina/Seaside/Ft. Ord   

Low Income $19,000 $89,000 $199,000 $256,000

Moderate Income No gap No gap $38,000 $82,000

Peninsula   

Low Income $276,000 $459,000 $684,000 $966,000

Moderate Income $147,000 $314,000 $523,000 $792,000

County-wide   

Low Income $36,000 $44,000 $81,000 $92,000

Moderate Income No gap No gap No gap No gap

Source: Estimated by KMA

Where there is an affordability gap shown in the table above, additional financial assistance will

be needed in order for the median priced home to be made affordable to Low and Moderate

income households. As shown, the median priced home is already affordable to Moderate

income households in the South County and Salinas sub-areas in all home sizes and in the

smaller home sizes in the North County and Marina/Seaside/Ft. Ord sub-areas. There remains

an affordability gap for Low income households throughout the County except for the smaller

units in the South County and Salinas sub-areas. In the Peninsula sub-area, median home

prices continue to be so high that the affordability gap even for Moderate income households is

very high. From a practical point of view, it is cost-prohibitive for the County's homebuyer

programs to afford to close the affordability gaps that exist for median priced homes in the

Peninsula sub-area.

Demographic Profiles

KMA reviewed some of the key demographic characteristics of each of the five sub-areas.

Inclusive of all incorporated cities in the County, the most populous sub-area by a wide margin

is the Salinas sub-area. The largest average household size is in the South County sub-area

and the smallest is the Peninsula sub-area. Conversely, the Peninsula sub-area has the highest

incomes and the South County sub-area the lowest.

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ATTACHMENT - HOMEBUYER ASSIST��P�Table 9

Summary 2009 Demographic Characteristics of County Sub-Areas

Monterey County including all cities)

 Monterey North Salinas South Peninsula Marina/Seaside/

 County County Area County  Ft. Ord

Population 417,125 35,310 180,081 65,929 74,687 61,118

Avg. HH     

 3.19 3.68 3.61 4.22 2.10 2.99

Size     

Median HH

1)

$59,867

$66,098

$59,798

$50,358

$68,101

$51,019

Income     

Avg. HH $78,665 $82,389 $75,805 $63,069 $97,570 $62,030

Income     

Per Capita $24,269 $22,401 $20,603 $15,203 $45,139 $20,429

Income     

Median household income for all household sizes. KMA estimates that, adjusted for household size, the Salinas

and Marina/Seaside/Ft. Ord sub-area medians are below the countywide medians.

Source: Claritas. Note: due to differing source data and methodologies for example, how part-time residents are

counted), Claritas projections differ somewhat from those of the California Department of Finance.

Since the FTHB program is for first-time homebuyers, we have focused on the demographics of

current renter households in Monterey County. Approximately 44% of households are renters

and 56% are owners.

KMA also used the demographic data reported by Claritas and Ribbon Demographics to isolate

the age group most likely to participate in the County's FTHB program  current renters under

the age of 55 the Claritas and Ribbon Demographics data do not further break down age

groups under 55). We then utilized household income data for each sub-area to estimate the

number of renter households under age 55 in the Low and Moderate income categories. Given

that the NSP funds are targeted to households up to 120% of AMI and the availability of other

funding programs targeted to households at both 120% of AMI and 80% of AMI, we believe that

it makes sense for the FTHB to continue to target these two income groups, although as this

analysis has indicated, there is no affordability gap for Moderate income homebuyers in the

South County or Salinas sub-areas. As a matter of public policy, the County could choose to

serve Very Low income households as well, however this would require significantly larger

amounts of financial assistance for each household served in order to make homeownership

affordable to this income group.

It is estimated that there are 9,553 renter households under age 55 that fall within the 51 % to

80% of AMI category county-wide, which represents 22% of the total. There are 7,138

households in the 81 % to 120% of AMI category representing 17% of the total see Appendix 9

for additional detail). Since the County's FTHB program is available to all residents of Monterey

County, the demographics analyzed in this study have been of the entire County population.

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ATTACHMENT - HOMEBUYER ASSIST��P�Table 10

2009 Renter Households under Age 55

Monterey County including all cities)

 

% of AMI County-

wide North

County Salinas

Area South

County

Peninsula Marina/

Seaside/ Ft. Ord

51%to80% 9,553 496 3,871 1,350 1,782 2,054

81%to 120% 7,138 401 2,408 849 1,801 1,679

Other income categories 25,962 1,457 9,836 3,410 6,333 4,926

Total 42,653 2,354 16,115 5,609 9,916 8,659

Source: Ribbon Demographics, KMA

The largest numbers of potential homebuyers reside in the Salinas sub-area and the North

County sub-area contains the smallest. Of course, for a variety of reasons not all of these renter

households would be eligible to or would choose to purchase a home even if financial

assistance were available to them.

Mortgage Availability

KMA analyzed mortgage financing availability for lower income households in order to assess

the challenges that financing presents for these households. Interviews with mortgage lenders

specializing in CaIHFA and FHA financing indicate that Low and Moderate income households

often have difficulty obtaining conventional mortgage financing because they cannot make the

necessary down payment amounts of 10% to 20% of the purchase price. As a result, most Low

and Moderate income homebuyers seek mortgage financing from FHA through FHA's 203(b)

single family housing program which requires down payments of just 3.5% of the purchase

price, or from CaIHFA. However, because the credit requirements for CaIHFA financing are

difficult to achieve for most Low and Moderate income homebuyers minimum FICO score of

680 to 720), most homebuyers in these income brackets rely on FHA financing minimum FICO

score of 620). We believe it is appropriate to increase the current requirement that homebuyers

contribute 3% toward the down payment to 3.5% based on the feedback from lenders.

Review of mortgage approval rates made available through the Home Mortgage Disclosure Act

indicate that in 2008 approximately 25% of applicants were denied conventional home mortgage

loans county-wide. In regard to the five sub-areas, the highest rates of denials were in the North

County, South County, and Salinas sub-areas all at about 30%) and the lowest in the

Marina/Seaside/Ft. Ord and Peninsula sub-areas less than 20%). This data indicates that

households in the former three sub-areas have more difficulty qualifying for conventional loans

than do households in the latter two sub-areas.

Homeownership Funding Programs

KMA reviewed available funding programs for homeownership projects in order to assess those

programs that might be used both to fund the FTHB program and programs that provide

assistance directly to homebuyers. KMA reviewed programs available from the California

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ATTACHMENT - HOMEBUYER ASSIST��P�Department of Housing and Community Development HCD), the California Housing Finance

Agency CaIHFA), the Federal Home Loan Bank FHLB), and the United States Department of

Agriculture USDA).

Based on our review, we have deemed the programs listed below to be the best candidates to

be used with the County's FTHB program primarily because they are programs that are either

currently funded or expect to be funded later in 2010. We have not listed the programs that offer

first mortgages to homebuyers; however a summary of all the funding programs we reviewed is

included in Appendix 11.

The programs listed below can be divided into programs that provide funding to local public

agencies to fund their affordable homebuyer programs and programs that provide funding

directly to homebuyers. Each of these programs is targeted to Low or Moderate income

households.

A. Programs providing funding to public agencies

1. Neighborhood Stabilization Program NSP)(HCD)  grants to purchase, rehab, and sell

foreclosed homes and provide gap financing; up to 120% of AMI; up to $50,000 loan per

unit; purchase price up to 99% of appraised value; term of 5-15 years depending on the

amount of NSP funds per unit; no interest.

2. HOME Investment Partnerships  assistance for acquisition, rehabilitation, and new

construction of single-family and multifamily projects and first time homebuyer programs;

up to 80% of AMI; purchase price up to $399,000; up to $80,000 loan per unit; minimum

affordability period of 5-15 years depending on the amount of HOME funds per unit; $2

million funding limit per year.

3. CalHome HCD)  grants to localities or non-profit developers for deferred payment

down payment assistance loans; up to 80% of AMI; up to $60,000 loan per unit;

purchase price up to 100% of median single family home price in the city or county; 30-

year loan term; simple annual interest up to 3%; $900,000 funding limit per year.

4. BEGIN HCD)  grants to localities for deferred payment down payment assistance

loans in newly constructed projects; up to 120% of AMI; up to $30,000 loan per unit;

purchase price up to 100% of median single family home price in city or county; 30-year

loan term; simple annual interest at 1-3%; funding limit based on the number of units in

the proposed project per year.

5. Joe Serna Farmworker program HCD)  grants for rehab or new construction, rolled

into assistance to homebuyers; preference up to 80% of AMI; up to $70,000 loan per

unit; matching share from federal, state, local, or private sources required equal to 100%

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ATTACHMENT - HOMEBUYER ASSIST��P�of the requested funds; purchase price up to 100% of appraised value; 20-year term; no

interest; $1,500,000 funding limit per year.

B. Programs providing funding directly to homebuyers

1. CA Homebuyers' Down Payment Assistance Program CHDAP)(CaIHFA)  deferred

payment junior subordinate) loan; up to 120% of AMI; loan per unit up to 3% of

purchase price or appraised value; 3.25% current interest rate.

KMA also investigated the WISH and IDEA programs offered through the Federal Home

Loan Bank. These are down payment assistance programs available to low income

homebuyers providing grants up to $15,000. These funds are available only through

member financial institutions of the Federal Home Loan Bank, however, and none of the

member institutions in Monterey or Santa Cruz counties are currently participating in the

WISH or IDEA programs. In addition, lenders who do offer the program often restrict the

WISH and IDEA funds to people who live within close proximity to the lender and/or

those who also obtain first mortgage financing through them. Therefore, it is not likely

that the WISH and IDEA programs will be utilized in any significant way by Monterey

County residents at this time.

Future Program Updates

With regard to future updates, the affordable home pricing, market rate pricing, and affordability

gaps should be updated periodically to reflect changes in market conditions, along with the

homebuyer program loan limits. Median home prices can be obtained from Dataquick or other

market data sources. The records can be organized by sub-area by sorting the census tracts

identified for each sub-area a listing of census tracts is included in Appendix 10). Updates of

the median home prices by sub-area will allow the loan limits to reflect the affordability gaps

based on the most current market information.

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ATTACHMENT - HOMEBUYER ASSIST��P�Monterey County Subareas

W-11~ AN

/ r1

Caa

North County

Salinas

South County

Peninsula

Marina/Seaside/Ft. Ord

5 10 20 30 40

Miles

 

 

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 1.

Summary of Home Sales Data  October 1, 2008 to September 30, 2009

Homebuyer Assistance Study

Monterey County

Monterey

County

North County

Homebuyer Assistance Study Sub-Areas

Salinas Area

South County

Peninsula

1

Marina/Seaside/

Ft. Ord

Number of Sales 4,942 145 2,636 1,051 629 481

 100% 3% 53% 21% 13% 10%

Number of Sales     

1-Bedroom 90 2 44 2 35 7

2-Bedroom 841 27 421 76 220 96

3-Bedroom 2,347 85 1,254 438 272 299

4-Bedroom 1,316 28 736 398 83 71

5+-Bedroom 348 3 181 137 19 8

 4,942 145 2,636 1,051 629 481

Average Bedrooms 3.2 2.6 3.2 3.6 2.7 3.0

Average Sq. Ft. 1,561 1,503 1,522 1,595 1,824 1,371

Average Year Built 1977 1973 1977 1990 1963 1968

Median Price all home sizes) $217,000 $246,000 $199,000 $160,000 $710,000 $315,000

Median Price     

1-Bedroom $140,000 Note $65,000 Note $380,000 Note

2-Bedroom $160,000 $180,000 $118,500 $76,000 $575,000 $205,000

3-Bedroom $207,000 $278,500 $190,000 $141,000 $810,000 $325,000

4-Bedroom $226,000 $320,000 $246,000 $180,000 $1,100,000 $390,000

Source: MDA Dataquick; only includes records with all data points shown in this table.

1) There were not a sufficient number of studio and one-bedroom units in all sub-areas to calculate the median price for these unit sizes.

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 2.

Notices of Default Recorded October 1, 2008 to September 30, 2009

Homebuyer Assistance Study

Monterey County

 Monterey

County

Total Housing Units 137,657

Notices of Default 4,456

3.2%

Homebuyer Assistance Study Sub-Areas

1

 North

County Salinas

Area South

County

Peninsula Marina/Seaside/

Ft. Ord

 9,886 49,236 16,800 39,605 22,130

 166 2,261 1,073 471 485

 1.7% 4.6% 6.4% 1.2% 2.2%

Source: MDA Dataquick notices of default); Claritas total housing units).

Note: excludes records with no census tract reported

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 3.

Affordable Home Price Worksheet

Homebuyer Assistance Study

Monterey County

LOW INCOME COUNTY-WIDE AMO

  1-Bedroom I 2-Bedroom 3-Bedroom I 4-Bedroom

Assumed Household Size  2 person 3 person 4 person 5 person

100% AMI  $53,850 $60,550 $67,300 $72,700

Low Income  70% of AMI  $37,695 $42,385 $47,110 $50,890

Available for Housing Costs  30% $11,309 $12,716 $14,133 $15,267

Less) Property Taxes  $1,680) $1,920) $2,484) $2,712)

Less) HOA/Insurance/Utilities  $2,400) $2,700) $3,000) $3,300)

Less) Mortgage Insurance  $495) $555) $590) $635)

Income Available for Mortgage  $6,734 $7,541 $8,059 $8,620

Mortgage Amount  $98,800 $110,700 $118,300 $126,500

Down Payment  $4,900 $5,600 $7,245 $7,910

Supported Home Price  $103,700 $116,300 $125,545 $134,410

Rounded  $104,000 $116,000 $126,000 $134,000

Key Assumptions    

 Mortgage Interest Rate 5.5% 5.5% 5.5% 5.5%

 Down Payment based on FHA) 3.5% 3.5% 3.5% 3.5%

 Property Taxes % of sales price) 1.2% 1.2% 1.2% 1.2%

 HOA/Insurance/Utilities per month) $200 $225 $250 $275

 Annual Mortgage Insurance % of loan

amount; assumes FHA financing)

0.5%

0.5%

0.5%

0.5%

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 4.

Affordable Home Price Worksheet

Homebuyer Assistance Study

Monterey County

MODERATE INCOME COUNTY-WIDE AMI)

  1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom

Assumed Household Size  2 person 3 person 4 person 5 person

100% AMI  $53,850 $60,550 $67,300 $72,700

Moderate Income  110% AMI  $59,235 $66,605 $74,030 $79,970

Available for Housing Costs  35% $20,732 $23,312 $25,911 $27,990

Less) Property Taxes  $1,680) $1,920) $2,484) $2,712)

Less) HOA/Insurance/Utilities  $2,400) $2,700) $3,000) $3,300)

Less) Mortgage Insurance  $1,140) $1,275) $1,395) $1,500)

Income Available for Mortgage  $15,512 $17,417 $19,032 $20,478

Mortgage Amount  $227,700 $255,600 $279,300 $300,500

Down Payment  $4,900 $5,600 $7,245 $7,910

Supported Home Price  $232,600 $261,200 $286,545 $308,410

Rounded

Key Assumptions  $233,000 $261,000 $287,000 $308,000

 Mortgage Interest Rate 5.5% 5.5% 5.5% 5.5%

 Down Payment based on FHA) 3.5% 3.5% 3.5% 3.5%

 Property Taxes % of sales price) 1.2% 1.2% 1.2% 1.2%

 HOA/Insurance/Utilities per month) $200 $225 $250 $275

 Annual Mortgage Insurance % of loan

amount; assumes FHA financing)

0.5%

0.5%

0.5%

0.5%

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 5.

Affordability Gap Calculations lowest to highest)

Homebuyer Assistance Study

Monterey County

WITH COUNTY-WIDE AMl

  1-Bedroom  2-Bedroom 3-Bedroom 4-Bedroom

1. South County    

 Median Market Price $46,000  $76,000 $141,000 $180,000

 Less) Low Income Price $104.000)  $116,000) $126.000) $134,000)

 Difference/Affordability Gap no gap  no gap $15,000 $46,000

 Median Market Price $46,000  $76,000 $141,000 $180,000

 Less) Moderate Income Price $233.000)  $261,000) $287,000) $308.000)

 Difference/Affordability Gap no gap  no gap no gap no gap

II. Salinas Area

Median Market Price

$65,000 

$119,000

$190,000

$246,000

 Less) Low Income Price $104.000)  $116,000) $126,000) $134,000)

 Difference/Affordability Gap no gap  $3,000 $64,000 $112,000

 Median Market Price $65,000  $119,000 $190,000 $246,000

 Less) Moderate Income Price $233,000)  $261,000) $287,000) $308,000)

 Difference/Affordability Gap no gap  no gap no gap no gap

Ill. North County

Median Market Price

$108,000 

$180,000

$279,000

$320,000

 Less) Low Income Price $104,000)  $116,000) $126,000) $134,000)

 Difference/Affordability Gap $4,000  $64,000 $153,000 $186,000

 Median Market Price $108,000  $180,000 $279,000 $320,000

 Less) Moderate Income Price $233.000)  $261,000) $287,000) $308.000)

 Difference/Affordability Gap no gap  no gap no gap $12,000

IV. Mari na/Seaside/Ft. Ord

Median Market Price

$123,000

1)

$205,000

$325,000

$390,000

 Less) Low Income Price $104,000)  $116,000) $126,000) $134,000)

 Difference/Affordability Gap $19,000  $89,000 $199,000 $256,000

 Median Market Price $123,000  $205,000 $325,000 $390,000

 Less) Moderate Income Price $233,000)  $261,000) $287.000) $308,000

 Difference/Affordability Gap no gap  no gap $38,000 $82,000

V. Peninsula

Median Market Price

$380,000 

$575,000

$810,000

$1,100,000

 Less) Low Income Price $104,000)  $116,000) $126,000) $134,000)

 Difference/Affordability Gap $276,000  $459,000 $684,000 $966,000

 Median Market Price $380,000  $575,000 $810,000 $1,100,000

 Less) Moderate Income Price $233.000)  $261,000) $287,000) $308,000)

 Difference/Affordability Gap $147,000  $314,000 $523,000 $792,000

 Monterey County

Median Market Price

$140,000 

$160,000

$207,000

$226,000

 Less) Low Income Price $104.000)  $116,000) $126,000) $134,000)

 Difference/Affordability Gap $36,000  $44,000 $81,000 $92,000

 Median Market Price $140,000  $160,000 $207,000 $226,000

 Less) Moderate Income Price $233,000)  $261,000) $287,000) $308,000)

 Difference/Affordability Gap no gap  no gap no gap no gap

1) Due to the limited number of one-bedroom unit sales in the South County, North County, and Marina/Seaside/Ft. Ord sub-areas,

for purposes of the affordability gap calculation the median market price of the one-bedroom units was estimated by KMA.

Prepared by Keyser Marston Associates, Inc.

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 6.

Summary of Affordability Gaps lowest to highest)

Homebuyer Assistance Study

Monterey County

  11-Bed room 2-Bedroom 3-Bedroom 4-Bedroom

1. South County   

 Low Income no gap no gap $15,000 $46,000

 

II. Moderate Income

Salinas Area

Low Income no gap

 

no gap no gap

 

$3,000 no gap

 

$64,000 no gap

 

$112,000

 

III. Moderate Income

North County

Low Income no gap

 

$4,000 no gap

 

$64,000 no gap

 

$153,000 no gap

 

$186,000

 Moderate Income no gap no gap no gap $12,000

IV. Mari na/Seaside/Ft. Ord

Low Income

$19,000

$89,000

$199,000

$256,000

 Moderate Income no gap no gap $38,000 $82,000

V. Peninsula

Low Income

$276,000

$459,000

$684,000

$966,000

 Moderate Income $147,000 $314,000 $523,000 $792,000

 Monterey County

Low Income

$36,000

$44,000

$81,000

$92,000

 Moderate Income no gap no gap no gap no gap

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 7.

Summary 2009 Demographic Data by Sub-Area

Monterey County

Homebuyer Assistance Study

COUNTY-WIDE INCLUDING ALL CITIES AND UNINCORPORATED AREAS

 Monterey

County

Population 417,125

Average HH Size 3.19

Median HH Income $59,867

Average HH Income $78,665

Per Capita Income $24,269

Homebuyer Assistance Study Sub-Areas

 

North County

Salinas Area

South County

Peninsula Marina/Seaside/

Ft. Ord

35,310 180,081 65,929 74,687 61,118

3.68 3.61 4.22 2.10 2.99

$66,098 $59,798 $50,358 $68,101 $51,019

$82,389 $75,805 $63,069 $97,570 $62,030

$22,401 $20,603 $15,203 $45,139 $20,429

1

Source: Claritas. Note: due to differing source data and methodologies for example, how part-time residents are counted), Claritas projections

differ somewhat from those of the California Department of Finance.

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 8.

2009 Housing Tenure

Monterey County

Homebuyer Assistance Study

        

      Homebuyer Assistance Study Sub-Areas  

 

Monterey County

North County

Salinas Area

South County

Peninsula Marina/Seaside/

Ft. Ord

Renter Households 54,877 44% 2,823 30% 20,218 43% 6,805 44% 14,935 44% 10,096 56%

Owner Households 68,980 56% 6,718 70% 26,571 57% 8,757 56% 18,983 56% 7,951 44%

Total 123,857 100% 9,541 100% 46,789 100% 15,562 100% 33,918 100% 18,047 100%

Source: Ribbon Demographics

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 9.

2009 Renter Households under age 55 by Affordability Level

Monterey County

Homebuyer Assistance Study

COUNTY-WIDE INCLUDING ALL CITIES AND UNINCORPORATED AREAS

Income Bracket Monterey County

Up to 50% of AMI 12,917 30%

51% to 80% of AMI 9,553 22%

81 % to 120% of AMI 7,138 17%

Subtotal 29,608 69%

120% to 160% of AMI 4,272 10%

Over 160% of AMI 8.773 21%

Total 42,653 100%

Source: Ribbon Demographics, KMA

   Homebu er Assistance Stud Sub-Areas  

        Marina/Seaside/

North County Salinas Area South County Peninsula Ft. Ord

707 30% 5,582 35% 2,233 40% 1,803 18% 2,592 30%

496 21% 3,871 24% 1,350 24% 1,782 18% 2,054 24%

401 17% 2,408 15% 849 15% 1,801 18% 1,679 19%

1,604 68% 11,861 74% 4,432 79% 5,386 54% 6,325 73%

255 11% 1,473 9% 494 9% 1,092 11% 958 11%

495 21% 2,781 17% 683 12% 3,438 35% 1,376 16%

2,354 100% 16,115 100% 5,609 100% 9,916 100% 8,659 100%

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 10.

Census Tracts in Monterey County

Homebuyer Assistance Study

I

Homebuyer Assistance Study Sub-Areas

I

 

North County

Salinas Area

South County

Peninsula Marina/Seaside/

Ft. Ord

10101* 101* 10801 11000* 13500

10102* 102 10802* 11500* 13600

10201* 103 10900 11600* 13700

10202* 104 11101 11700* 13800

10303* 200 11102 11800 13900

10304* 300 11201 11900* 14000

10305* 400 11202 12000 14101

10400* 500 11301 12100 14102

12301* 600 11302 12200 14103

 700 11400* 12302 14200

 800  12401 14301

 900  12402 14302

 1000  12500

 1100  12600

 1200  12700

 1300  12800

 1400  13000

 1500  13100

 1600  13200*

 1700  13300

 1800  13400

 10302*  

 10501 *  

 10503  

 10504  

 10602  

 10603  

 10604  

 10605  

 10606  

 10701 *  

 10702*  

* Census tracts that are in the unincorporated areas of the County.

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ATTACHMENT - HOMEBUYER ASSIST��P�Appendix 11

Summary of Homeownership Funding Programs

 Program Status of Loan Type Max. Purchase Loan Limits Qualifying HH Other Notes

  Program  Price  Income

Programs Providing Funding Directly to Public Agencies

1 Neighborhood Implementation; Funding to purchase, 99% of appraised $65,000/unit max: up Up to 120% of

 Stabilization Roll out in rehab, and resell value to $50,000/unit for AMI

 Program NSP) January 2010 foreclosed homes and  financing and 

 HCD)  provide financing  $30,000/unit for 

   mechanism for gap  rehab 

2 CalHome HCD expects Grants to localities and 100% of the median $60,000/unit Up to 80% of AMI

 HCD) funding in 2010 non-profit developers sale price of single  

   to provide down family home in the  

   payment assistance to city or county  

   first-time homebuyers,   

   among other eligible   

   activities   

3 BEGIN HCD expects Grants to localities to 100% of the median Lesser of 20% of Low and Localities must

 HCD) funding in 2010 provide down payment sale price of single home price or Moderate  up to provide regulatory

   assistance to first-time family home in the $30,000/unit 120% of AMI relief and

   homebuyers for newly city or county   development

   constructed projects    incentives

4 Joe Serna, Jr. HCD expects Finance the new 100% of appraised Based on the Priority to lower Funds provided to

 Farmworker funding in 2010 construction, rehab, value homebuyer's gap income public entity, non-

 Housing Grant  and acquisition of  gap remaining after households profit, LLC, or

 Program  owner-occupied and  down payment and  partnership; all funds

 HCD)  rental units for  all other loans), but  subsequently to be

   agricultural workers  no more than  rolled over to

     $70,000/unit  homebuyers

5 HOME Investment Active First-time homebuyer Based on HUD Based on HUD Up to 80% of AMI

 Partnerships  mortgage assistance 203(b) limits 221(d)(3) limits 

   or down payment   

   assistance   

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ATTACHMENT - HOMEBUYER ASSIST��P� Program Status of Loan Type Max. Purchase Loan Limits Qualifying HH Other Notes

  Program  Price  Income

Programs Providing Funding Directly to Homebuyers

1 CA Homebuyers' Active Deferred payment  Up to 3% of purchase Up to 120% of Can be used for

 Down Payment  junior loan for first-time  price or appraised AMI down payment or

 Assistance  homebuyers  value, whichever is  closing costs;

 Program CHDAP)    less  current interest rate

 CaIHFA)      is 3.25%

2 Affordable Active Allows first-time $637,645 to If CaIHFA Up to 120% of Monterey County is

 Housing  homebuyers to $779,344 for re-sale subordinate loan is AMI a participating AHPP

 Partnership  combine a CaIHFA homes used borrower must  partner through its

 Program AHPP)  first mortgage with  contribute a minimum  inclusionary housing

 CaIHFA)  down payment  of 3% of purchase  program

   assistance from the  price or appraised 

   local AHPP partner  value of borrower's 

     own funds 

3 Ca130 Active Conventional first $637,645 to Up to 95% Up to 120% of Requires higher

 CaIHFA)  mortgage loan $779,344 for re-sale  AMI FICO scores than

   program for first-time homes   FHA; current interest

   homebuyers    rate is 5.25%

4 SMART Loan Active Conventional first  Up to 100% LTV Ranging from There are currently

 Program  mortgage loan   $48,456 to no eligible properties

 CaIHFA)  program for first-time   $94,220 for re- in Monterey County

   homebuyers of   sale homes not

   designated CaIHFA-   clear how these

   owned properties   are set)

5 Community Active Conventional first   Ranging from There are currently

 Stabilization  mortgage loan   $48,456 to six eligible

 Home Loan  program for first-time   $94,220 for re- properties in

 Program  homebuyers of vacant   sale homes not Monterey County

 CaIHFA)  homes that are owned   clear how these four of which are

   by participating   are set) pending sale)

   financial institutions   

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ATTACHMENT - HOMEBUYER ASSIST��P� Program Status of Loan Type Max. Purchase Loan Limits Qualifying HH Other Notes

  Program  Price  Income

6 WISH Funded annually Grants for down No maximum Lesser of $15,000 or Up to 80% of AMI Assistance subject

 FHLB)  payment assistance or  three times the w/ exceptions for to 5-year retention

   closing costs to first-  amount of USDA 502 agreement

   time homebuyers  homebuyer's down program)

     payment 

7 IDEA Funded annually Grants for down No maximum Lesser of $15,000 or Up to 80% of AMI Assistance subject

 FHLB)  payment assistance or  three times the w/ exceptions for to 5-year retention

   closing costs to first-  amount of a) USDA 502 agreement

   time homebuyers who  homebuyer's down program)

   have completed a FSS  payment, or b) an 

   contract through HUD  escrow account 

8 USDA 502  Loan guarantee  Up to 100% of the Up to 115% of

 Program  program for rural  appraised value of AMI

   residents to purchase,  the home; loan terms 

   construct, or rehab  to be set by the 

   homes  participating lender 

     but interest rate is 

     limited by Fannie 

     Mae rate 

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ATTACHMENT - HOMEBUYER ASSIST�� P�County of Monterey.

First Time Home Buyer Program Manual

December 2008

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ATTACHMENT - HOMEBUYER ASSIST��!P�County of Monterey First Time Home Buyer Program Manual

Table of Contents

INTRODUCTION 1

DEFINITION OF FIRST TIME HOME BUYER 1

FIRST-TIME HOME BUYER PROGRAM 2

1. DESCRIPTION OF PROGRAM 2

Qualifying Households  2

Qualifying Properties  3

Other Financing  3

2. ELIGIBILITY REVIEW AND PROCESSING PROCEDURES 4

Marketing  4

Program Interest  5

Preliminary Screening  5

Eligibility Determination  6

Homebuyer Education  6

Applicant Selection  6

Equal Housing Opportunity/Affirmative Marketing  6

Conflict of Interest Provisions  7

3. LENDER APPLICATION PROCESS  7

4. HOME SELECTION AND PURCHASE  7

Acquisition Notices and Affidavit  8

Home Protection Plan  8

Relocation  8

Vacant units  9

New Homes  9

Existing Homes:  9

5. INSPECTION CLEARANCES  9

Lead-based Paint Hazards    9

Inspections  10

6. INSURANCE REQUIREMENTS 11

Hazard Insurance  11

Flood Insurance 12

Approvals 12

Denials 12

7. HOUSING LOAN COMMITTEE 12

8. LOAN REVIEW BY COUNTY 13

9. PROGRAM COMPLAINT AND APPEAL PROCEDURE 13

10. LOAN CLOSING 13

11. AMENDMENTS AND EXCEPTIONS 14

12. LOAN SET-UP 14

13. LOAN MAINTENANCE   14

Period of Affordability  15

Home  15

14. LOAN MANAGEMENT 15

Monitoring 15

Subordination 15

Loan Modification and Forbearance  17

Loan Assumptions  17

Loan Repayment, Payoffs, and Recapture 18

15. DEFAULT AND FORECLOSURE: 19

Default on Loan Repayment  20

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ATTACHMENT - HOMEBUYER ASSIST��"P�County of Monterey First Time Home Buyer Program Manual

Non-Monetary Defaults/Acceleration of Note  20

APPENDIX A  INCOME & UNDERWRITING STANDARDS 21

1. INCOME DETERMINATION AND INCOME LIMITS 21

Determining Income Eligibility  21

Income Verification Requirements  24

Income Worksheet  25

Maximum Income Limits  25

APPENDIX B. UNDERWRITING STANDARDS 27

CREDIT HISTORY 27

STABILITY OF INCOME 28

ASSETS AND GIFT FOR DOWN PAYMENT & CLOSING COSTS 28

DEBT RATIOS 28

Housing Expense to Income Ratio  28

OTHER COMPENSATING FACTORS 29

Non Taxable Income:  29

Determining FTHB Loan Amount  29

APPENDIX C  LOAN LIMITS 31

APPENDIX D: MAXIMUM PURCHASE PRICE 33

ATTACHMENT E 35

LOAN SERVICING POLICIES AND PROCEDURES 35

ATTACHMENT E  39

SELLERS LEAD-BASED PAINT DISCLOSURE 39

ATTACHMENT G  41

HOMEBUYER ASSISTANCE PROGRAM SAMPLE LEAD-BASED PAINT CONTRACT CONTINGENCY LANGUAGE 41

ATTACHMENT H  42

SAMPLE DISCLOSURES TO SELLER WITH VOLUNTARY, ARM'S LENGTH, PURCHASE OFFER 42

ATTACHMENT I  44

ATTACHMENT J  45

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ATTACHMENT - HOMEBUYER ASSIST��#P�County of Monterey First Time Home Buyer Program Manual

INTRODUCTION

The Monterey County First Time Homebuyer Program FTHB Program) provides

down payment assistance loans primarily to lower income families and individuals

who are first time homebuyers.

DEFINITION OF FIRST TIME HOME BUYER

A 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 joint custody or is pregnant; and

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.

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ATTACHMENT - HOMEBUYER ASSIST��$P�County of Monterey First Time Home Buyer Program Manual

FIRST-TIME HOMEBUYER PROGRAM

1. DESCRIPTION OF PROGRAM

Qualifying Households

Priority will be given to current residents of Monterey County and/or employed in

Monterey County.Total income for all members of the household over the age of 18

is at or under 80% of Monterey Co unity median income as adjusted for household

size. The current median income schedule and methodology for determining income

are included in Appendix A. Depending on the availability of alternative funding

such as BEGIN or redevelopment or other IICD fiulding sources, households with

income between 81-120% of median may be eligible for FTHB assistance.

FTHB Loan

Loan Type:

Generally, the loan will be a deferred silent second) loan for the first 5 years of the

loan term. After the initial 5-year term, the borrower's ability.to re-pay will be

evaluated. The loan may be converted to full or partial amortization or payments

may continue to be deferred, depending on debt to income ratios at the time of

review. In general, grants will not be given except lead based paint remediation

grants may be approved by the Housing Loan Committee on a case by case basis.

When funds are available from other sources, such as Cal HOME or Redevelopment,

the payment provisions of that program will apply.

Interest Rate:

The rate will be three percent 3%) simple interest per year.

Term:

The FTHB loan funded by HOME, BEGIN and Cal HOME principal and accrued

interest) shall become all due and payable 30 years from the closure of escrow.

However, the Note shall become all due and payable immediately if title to the

property changes or if the property is no longer the primary residence of the

borrower. Where primary financing is provided by the USDA 502 program and/or

Redevelopment funds, the FTHB loan term shall match the requirements of the

fiulding source.

Resale Controls and Affordability Periods:

The County's Inclusionary Housing Program, Redevelopment Program and the

HOME program have minimum affordability periods and resale controls. The

provisions of those programs will be utilized in regard to loan type, resale/recapture

provisions and affordability period. In the event of a conflict of provisions, the

program provision with the longer term and more conservative policy will apply.

Maximum Loan Amounts:

The approved standard loan amount for Monterey County is shown in Appendix C.

The Housing Loan Committee may approve exceptions to the standard limit case by-

case basis upon review of the applicant's circumstances and fiulding priorities. An

exception may also be granted by the Housing Loan Committee where other sources

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ATTACHMENT - HOMEBUYER ASSIST��%P�County of Monterey First Time Home Buyer Program Manual

of funding are utilized for the FTHB loan and different limits are in effect. In no

event will the down payment assistance exceed HOME Program subsidy limits when

HOME Program fluids are utilized. No additional HOME assistance will be provided

during the period starting one year following the filing of the HCD Project

Completion Report through the end of the affordability period.

Qualifying Properties

Maximum Purchase Price

Maximum Purchase Price of the home is limited by HUD or HCD and is adjusted on

a regular basis. The Monterey County FTIIB Program will be available for the

purchase of property at or below the HUD or HCD maximum. The current

maximum purchase price is included in Appendix D. The Housing Loan Committee

may establish lower limits to respond to changes in market conditions, local priorities

and availability of below market rate units.

Eligible Properties

Eligible Properties include single-family homes, condominiums, community land

trusts, limited equity co-ops and mobile/manufactured homes on permanent

foundations in the unincorporated areas of Monterey County and other forms of

ownership that enables the buyer to make improvements on and encumber the

property over a term sufficient to secure the FTHB loan. Note: Non-owner occupied

units in 2-4 unit properties funded by HOME or CDBG inust meet Program rental

requirements as outlined in the HOME or CDBG Program Contract Management

Manuals. Properties must be located in rural census tracts for loans to be funded with

rural HOME or Cal HOME grant fiulds. Eligible census tracts are included in

Appendix III. BEGIN loans may only be funded in approved new developments.

Other Financing

Buyer Contributions:

Buyers will be required to put a minimum of three percent 3%) of the purchase price

into an escrow account as their portion of the down payment. At its sole discretion,

the Housing Loan Committee may make a finding of financial hardship upon review

of applicants' circumstances and approve a reduction in the down payment

requirement. Exceptions may also be granted by the Loan Committee where a

financing program including, but not limited to the Fans worker Housing Grant

Program, provides special terms or additional funds for the acquisition or where the

buyer invests f nds or sweat equity to build or rehabilitate the unit prior to close of

escrow.

Primary Financing

California Housing Finance Agency CalHFA) loans will generally be used to

finance the first mortgage. Loans from other sources may be approved by the

Housing Loan Committee on a case-by-case basis. 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.

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ATTACHMENT - HOMEBUYER ASSIST��&P�County of Monterey First Time Home Buyer Program Manual

Maximizing Primary Financing:

The County requires that the buyers obtain the maximums loan for which they are

qualified. The County of Monterey intends to assist as many families as possible and

therefore will provide the minimum assistance required to each qualified family.

Current underwriting standards are shown in Appendix A. Additional information on

determining County FTHB loan amounts can be found in

Appendix B.

2. ELIGIBILITY REVIEW AND PROCESSING PROCEDURES

Marketing

The County of Monterey will market the First Time Homebuyer Program first to

households meeting adopted affordable housing priorities specified in the Annual

Housing Report:

 Preference for projects that address the needs of targeted areas, including

Chualar, Boronda, Castroville, Pajaro, Las Lomas and other urbanized areas

where the project will substantially benefit unincorporated residents.

 Preference to projects that provide new housing or access to housing for large

low and very low-income families.

 Preference for projects that preserve existing housing when that housing is

sound and is affordable to current low and very low-income residents.

 Support and enhance homebuyer capacity and opportunities.

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 County 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. For HOME, the Sponsor shall develop a Fair Housing Marketing

Plan prior to project set tip). 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 County has and will continue to sponsor

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ATTACHMENT - HOMEBUYER ASSIST��'P�County of Monterey First Time Home Buyer Program Manual

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. 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 County shall take appropriate steps

to ensure effective communication with disabled housing applicants, residents and

members of the public.

At least annually local realtors and lenders will be advised of the availability of

program resources. Information regarding the program is included on the County's

website and is available at County offices and the Monterey County Housing

Alliance MOCHA). Public service announcements and press releases are issued

annually or as additional grants are received. Marketing information, application

forms and other available information such as the lead based paint brochures and

notices are made available in English and Spanish. In addition, program materials

are provided to non profit service agencies, the Housing Authority and Citizens

Advisory groups to insure a wide distribution. Notices are published in newspapers

of general circulation in Spanish and English. The County of Monterey will follow

the affirmative fair marketing procedures contained in the Fair Housing and Equal

Opportunity Procedural Guidelines.

Program Interest

The County will establish a database of interested parties who have inquired about

the First Time Homebuyer program. A form is completed for each telephone call and

actions taken i.e. mailing the flyer or Program Interest Forms and Realtor/Lender

packets) are noted.

An applicant calls, picks up or downloads a Program Interest Form' from the County

website, completes the form, and returns it to the County. The returned form is date-

stamped and logged on the database.

Preliminary Screening

The County makes a preliminary determination of eligibility and priority status

according to current stated income and residence in the County, First Time

Homebuyer status and adopted priorities. Those applicants who meet the

qualifications are added to the First Time Homebuyer database. A letter will be sent

to ineligible applicants citing the basis for the determination of ineligibility for the

Program. Income determination and underwriting criteria are included in Appendix

1.

Applicants who meet the guidelines for priority processing will receive a letter

explaining the step-by-step process for participation. An information packet is

included for the applicant to present to the lender. A_Realtor packet is also provided.

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ATTACHMENT - HOMEBUYER ASSIST��(P�County of Monterey First Time Home Buyer Program Manual

Applications from households who do not meet a designated priority for processing

will be held for one month before the packet is mailed.

First Time Homebuyer Re-certification: Applicant information will be maintained in

the FTHB database for a period of one year. Annual re- certification of eligibility is

required. Applicants who do not comply with a re- certification request or other

County inquiries requiring a written response shall be considered inactive and

removed from the database.

Eligibility Determination

An application is deemed complete when an eligible property is under contract,

completed lender and realtor packets plus required documentation of eligibility are

returned to the County and proof of approval of primary financing is in place.

Homebuyer Education

Prior to loan closing the borrower must complete a homebuyer education program

that meets Cal HOME guidelines. The borrower will be required to provide a course

completion certificate from a County approved course which shall become part of the

permanent loan file. Course fees are an eligible closing cost to be funded by the

FTHB loan unless prohibited by the regulations of the funding source.

Applicant Selection

In general, completed applications will be processed in the order received. However,

the Housing Loan Committee shall, at its sole discretion, have the ability to prioritize

applications as necessary to meet adopted County housing program objectives or

grant milestones or to set aside applications that require additional documentation to

satisfy questions that arise during the loan review process.

Equal Housing Opportunity/Affirmative Marketing

The County of Monterey is committed to providing equal access to FTHB funds, by

all eligible households in the County without consideration for race, creed, religion,

color, national origin, sex, disability, or other classification.

During the operation of the FTHB Program, the County will supervise the review of

the loan applications and screening of applicants to insure that all Fair Housing Laws

are upheld.

The County uses the Equal Housing Opportunity logo on all advertising. Copies of

the Federal and State Fair Housing Laws will be made available to all interested

parties. A copy of all advertising and marketing materials will be retained by the

County and made available to HCD or other funding agencies during monitoring or

as otherwise requested.

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ATTACHMENT - HOMEBUYER ASSIST��)P�County of Monterey First Time Home Buyer Program Manual

Conflict of Interest Provisions

No member of the governing body of the locality and no other official, employee, or

agent of the County government who exercises policy, decision-malting functions, or

responsibilities in connection with the planning and implementation of the FTHB

Program shall directly or indirectly be eligible for this program, unless the

application for assistance has been reviewed and approved according to applicable

California Department of Housing and Community Development HCD) or other

funding source guidelines. This ineligibility shall continue for one year after an

individual's relationship with the County ends.

3. LENDER APPLICATION PROCESS

Applicants contact a lender of their choice to complete the loan application. A list of

Ca1HFA approved lenders is made available upon request. Ca1HFA underwriting

standards which include providing verification of income, expenses, family size, and

other information and requirements listed in the County of Monterey First-Time

Homebuyer Lending Guidelines" will be utilized. The lender has the applicant

complete an Applicant Certification of Eligibility Form, which becomes part of the

loan package.

If the applicant's income is within program guidelines and is sufficient to purchase

available homes with Down payment Assistance, the applicant will be directed to

select a Realtor to find a home, write a contract and begin the purchase process. The

applicant provides the Realtor with the Realtor Packet.

Applicants pay the lender for a credit report. The lender will then calculate the price

range that the buyer can afford and complete an Initial Eligibility Review and

Determination Form. The lender forwards copies to the County and the realtor.

The maximum allowable overall debt to income ratio shall conform to private and/or

conventional lending standards and shall not exceed fifty percent 50%) of the

applicant household's income for HOME and CDBG funded loans. The

underwriting criteria of other funding shall prevail when those funds are matched

with HOME or CDBG resources or are the sole source of FTHB assistance.

Co-borrower or co-signer loans may be approved where the applicant is unable to

qualify without a co-borrower or co-signer. The co-borrower must sign an affidavit

of non-occupancy for the residence to be purchased and co-sign on the Note for the

primary financing. If the primary lender requires the co-borrower on title, the co-

borrower must sign all standard FTHB documents in addition to the Co-Borrower

Affidavit.

4. HOME SELECTION AND PURCHASE

Applicants will select a realtor of their choice to help them find a home and write a

purchase agreement. The County of Monterey may consider applications for real

estate transactions if the applicant and/or seller choose not to use a Realtor or

T:\RDA HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINESIFTHB Program Manual 12_08.doc 7

 

 

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ATTACHMENT - HOMEBUYER ASSIST��*P�County of Monterey First Time Home Buyer Program Manual

attorney. The applicant and seller shall be required to sign an Acknowledgment form

for such transactions.

Acquisition Notices and Affidavit

Prior to presenting the offer to purchase an existing home, the Buyer and/or the

Buyer's agent shall require the Seller to sign the following forms as appropriate:

 Acquisition Notice to Seller": This form includes; a) certification that the

purchaser has no power of eminent domain and will not acquire the property

if negotiations fail to result in an amicable agreement, b) an estimate of the

fair market value of the property to be finally determined by a state licensed

appraiser, and c) a statement that if an Acquisition Notice is not given prior

to acceptance of the purchase offer, the seller may withdraw from the

agreement after this information is provided.

 A Notice to Sellers of Existing Homes": This form requires that the

property is subject to inspection and seller will make all necessary repairs to

the property prior to the close of escrow unless the purchase is for acquisition

and rehabilitation.

 All housing units built prior to January 1, 1978 will require a lead paint

disclosure to be signed by both the homebuyer and the seller.

 Since the purchase would be voluntary, the seller would not be eligible for

relocation payments or other relocation assistance.

 An Affidavit of Prior Occupancy": This form provides information

regarding occupancy of the unit for four months prior to acceptance of the

purchase offer.

Home Protection Plan

The County will recommend that the buyer purchase a Home Protection Plan. These

plans provide insurance on all interior electrical, plumbing, and appliances for the

first twelve 12) months. The cost of the protection plan may be included in the

FTHB loan and paid through escrow as a part of the closing costs.

Relocation

Tenant occupied homes are not eligible for HOME funding under the County of

Monterey First-time Homebuyer Down-Payment Assistance Program unless the

existing tenant is purchasing the unit. It is not anticipated that the implementation of

the FTHB program will result in the displacement of any persons, households, or

families.

However, in the event relocation is necessary, activities will be carried out in

compliance with Federal relocation law, Section 104(d) of the Housing and

Community Development Act of 1974, as amended 42 USG Section 5301 et seq.),

CFR Part 42, Section 305 et seq. and the County's Relocation Plan.

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ATTACHMENT - HOMEBUYER ASSIST��+P�County of Monterey First Time Home Buyer Program Manual

Vacant units

Seller must provide documentation of recent owner occupancy or submit acceptable

proof of vacancy for a minimum of four months if the unit was previously tenant

occupied and will be funded with HOME Program resources.

New Homes

Construction must be complete, the property must comply with all local codes and

standards, and a Certificate of Completion / Occupancy made available prior to close

of escrow. Improvement bonds shall be paid-in-full by the seller prior to or at close

of escrow.

Existing Homes

Unless rehabilitation costs are included in the FTHB loan, prior to close of escrow

the property must comply with all local codes and standards. For acquisition and

rehabilitation loans, the property must comply with the County's Property

Rehabilitation Standards within six months of the acquisition.

5. INSPECTION CLEARANCES

The County contract is with qualified property inspection and architectural firms for

inspection services.

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. 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 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. Note: the CDBG Program allows grants

for lead hazard evaluation and reduction activities. The HOME Program allows

grants for lead hazard evaluation and reduction activities only for acquisition with

rehabilitation programs where the proposed paint stabilization measures do not add

value to the home, and upon approval of revised regulations expected to be adopted

in April, 2004, HOME will also allow grants for lead hazard evaluation and reduction

activities that do not add value to the home for acquisition-only programs.)

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 a copy of and asked to read the EPA pamphlet Protect Your

family From Lead in Your Home". EPA 747-K-94-001, September 2001) A signed

receipt of the pamphlet will be kept in the Sponsor's homebuyer file; b) A notice to

T: 1RDA_HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINES\FTHB Program Manual 12_08.doc 9

 

 

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ATTACHMENT - HOMEBUYER ASSIST��,P�County of Monterey First Time Home Buyer Program Manual

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 1 Attachment J).

2. Disclosure: Prior to the homebuyer's obligation to purchase a pre-1978 housing

unit, the HUD disclosure Attachment F), 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.

5. Purchase Contract Contingency Language: Before a homebuyer is obligated

under any contract to purchase a pre-1978 housing unit, the seller shall permit the

homebuyer a 10-day period unless the parties mutually agree, in writing, upon a

different period of time) to conduct a risk assessment or inspection for the presence

of lead-based paint and/or lead-based paint hazards. See Attachment G. for sample

lead-based paint contract contingency language).

A homebuyer may waive the opportunity to conduct the risk assessment or inspection

by so indicating in writing, such as in Attachment F, item e)(ii). In this case the

purchase contract contingency language is not required.

The County will: 1) confirm that the housing unit is within the eligible area, and 2) will

review each proposed housing unit to ensure that it meets all eligibility criteria before

funding.

Inspections

Pest Control Inspection:

A licensed inspector shall make a pest inspection of the property. Any work required

to correct existing substandard conditions shall be completed prior to the close of

escrow. For acquisition and rehabilitation loans, the property must comply with the

County's Property Rehabilitation Standards within six months of the acquisition.

Building Standards:

All homes will meet as a minimum requirement, the County's Property Rehabilitation

Standards. The Rehabilitation Standards to be utilized in order to determine the scope,

eligibility, and completion of rehabilitation work are:

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ATTACHMENT - HOMEBUYER ASSIST��-P�County of Monterey First Time Home Buyer Program Manual

Federal Housing Quality Standards

State of California, Health and Safety Code

If unit was built prior to 1978, Lead-Based Paint Regulations as provided in Title X of

the Housing and Community Development Act of 1992

Cost Effective Energy Conservation and Effectiveness Standards

The following codes adopted by Monterey County as they relate to:

Repairs/replacement and rehabilitation completion in existing housing or new

construction

Uniform Building Code

Uniform Mechanical Code

Uniform Plumbing Code

National Electrical Code

Uniform Housing Code

To determine compliance with necessary local codes and health and safety standards,

existing homes will be inspected by either 1) an FHA appraiser as a Lender requirement on

all Call A/FHA loans, or 2) by the Monterey County Housing Division Inspector or

representative. The County contracts for housing inspection services and requires HQS

format reports. FHA appraisals with HQS checklists may be substituted for the County

inspection report.

New Homes will be built under the requirements of the Uniform Building Codes and the

adopted Building Code of the County of Monterey. Newly constructed housing must also

meet the requirements of the current edition of the Model Energy Code.

The Primary lender may require other inspections and. repairs before making a loan on the

property.

 INSURANCE REQUIREMENTS

Hazard Insurance

The borrower shall secure and maintain hazard insurance on the property for the

duration of the loan(s). This insurance must be an amount adequate to cover all

encumbrances on the property. The insurer must identify the County as Loss Payee

for the amount of the loan(s). In situations of financial hardship where the owner

does not have insurance at the time the loan is made, the County may include the cost

of such insurance in the loan. An insurance certificate shall be provided to the

County. In the event the owner fails to make the insurance preiniuun payments in a

timely fashion, the Couuity at its option may make such payments for a period up to

12 months. The County may, in its discretion and upon the showing of special

circumstances, make such premium payments for a longer period of time. Should the

County make any payments, it may, in its sole discretion, add such payments to the

principal amount that the owner is obligated to repay the County under this program.

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ATTACHMENT - HOMEBUYER ASSIST��.P�County of Monterey First Time Home Buyer Program Manual

Flood Insurance

In areas designated by I-IUD or the Federal Emergency Management Agency

FEMA) as a 100- year flood zone, the owner is required to secure and maintain

flood insurance in an amount adequate to secure the FTIIB Loan and all other

encumbrances. This policy must designate the County as Loss Payee. The premium

may be paid by the County as described above.

Approvals

Upon receipt of the accepted purchase agreement the lender will process the loan and

send the loan package to CaIHFA or alternate lender and the County for approvals.

The entire loan application, credit report, appraisal, title report, verification of

income, assets and liabilities and other documents are forwarded to the County along

with the loan package checklist. Upon receipt by the County, the package is date-

stamped, entered into the log, and a loan file is set up for the borrower. When

Ca1HFA has approved the loan the lender will send the Ca1HFA approval to the

County. The lender will notify the applicant and title company of loan approval.

Escrow will be scheduled to close within approximately 14 days. At this time the

Buyers contribute their down payment finds into escrow.

Denials

Loans denied by CalHFA may be repackaged and resubmitted to an alternate lender.' The,

lender will provide such information to the Comity for review prior to consideration by

the Housing Loan Comrlittee. The staff report shall include the reason for denial,

source of matching fluids, if required and any other information relevant to

underwriting analysis. Except for seller fuzancing and goverment programs, the

lender must be able to provide a fixed-rate loan for a 3 0-year term at competitive rates

with no interest rate buy-down, negative amortization, principal increases, deferred

interest or balloon payment. All households will be required to have impound

accounts for the payment of taxes and insurance to ensure they remain current.

7. HOUSING LOAN COMMITTEE

The Housing Loan Committee HLC) consists of representatives from the Office of

the County Counsel, Revenue Division and Housing and Redevelopment Division.

The Committee reviews and approves individual loan applications, subordination

requests, default, foreclosures and modification proposals. In addition, the HLC

reviews program policy insures and procedures as necessary to enhance the

effectiveness of the Program. The HLC meets monthly or more frequently as

required. Application evaluation criteria to be considered includes:

 Applicant's income status, and property characteristics to verify that program

eligibility and loan requirements have been met.

 Credit report, loan to value ratio, debt coverage ratio, appraised value,

preliminary title report and any other information that may be required to

minimize the risk of loss to the County in the event of foreclosure.

 Priority in approving finding will follow housing policies adopted by the

Board of Supervisors in the Annual Housing Report.

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ATTACHMENT - HOMEBUYER ASSIST��/P�County of Monterey First Time Home Buyer Program Manual

All. applicants and borrowers will be notified in writing of the Loan Committee

decisions.

Loan Committee decisions may be appealed. The process is described in Section 10

below.

8. LOAN REVIEW BY COUNTY

Upon receipt of the loan package, the County will review the package for compliance

with FTHB guidelines. Housing staff will complete an analysis of the application

and prepare an Income Worksheet. Utilizing the criteria in the Income and

Underwriting Standards Appendix A) the loan will be processed for HLC review.

A staff report, which includes the analysis, debt to income ratios and proposed loan

amounts will be prepared for review by the Housing Loan Committee. The item will

be scheduled for the next available meeting. The agenda and standard notices for the

meeting will be posted and distributed.

After the HLC has taken action on the application, staff will complete loan

processing subject to final approval of primary financing by Ca1HFA or alternate

lender and satisfaction of other conditions of approval. In the case of denial, written

notification will be mailed to the applicant with copies to the lender and realtor.

9. PROGRAM COMPLAINT AND APPEAL PROCEDURE

Complaints concerning the FTHB Program should be made to housing staff. If

unresolved in this matuner, the complaint or appeal shall be made in writing and filed

with the Housing Program Manager. The Program Manager will schedule a meeting

with the applicant. A written response will be made within fifteen 15) working days

of the meeting. Appeals of the Program Manager response are made to the Housing

Loan Committee.

10. LOAN CLOSING

An appointment is scheduled for loan document review. The First Time Homebuyer

Program Agreement, Loan Disclosure, 3-Day Notice of Right to Rescind, Privacy

Act Notice, Fair Housing Notice, Promissory Note and Deed of Trust are reviewed

with the Borrower and signed. The Request for Notice of Default and Deed of Trust

are notarized. Hazard and flood insurance requirements are reviewed and an

acknowledgment signed.

The County will issue escrow instructions and forward the Deed of Trust and the

Request for Notice of Default to the Title Company. The County will then draw a

check for the FTHB loan, which will be picked up by the escrow company or

delivered by housing staff.

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ATTACHMENT - HOMEBUYER ASSIST��0P�County of Monterey First Time Home Buyer Program Manual

The Escrow agent at the Title Company prepares the documents for execution and

recording. The Borrowers Estimated Closing Statement is forwarded to the County

for review and approval. No cash out of escrow to borrowers will be approved; the

FTHB loan amount will be reduced by the amount of overage and amended escrow

instructions shall be forwarded to the Title Company.

The Escrow agent records the Deed of Trust and Request for Notice of Default and

forwards conformed copies along with the HUD 1 Settlement Statement and

insurance binder to the County within five 5) days. The Title Policy is generally

sent under separate cover.

Borrowers move into their new home.

11. AMENDMENTS AND EXCEPTIONS

Amendments to these policies for HCD funded programs may be made by the

County and submitted to HCD for approval. Any amendments required by state or

federal law or regulations shall be implemented by the date specified by such Law or

regulation without requiring further approval by the County or HCD. Adjustments to

income and property valuation limits promulgated by HUD, HCD or other funding

source shall become effective upon notice to the County.

Exceptions to these guidelines require Monterey County Board of Supervisors and

HCD approval unless required by Law or changes to State or Federal regulations or

regulations of the funding source for new programs. The Guidelines shall be

reviewed for conformance with current regulations at least annually or in conjunction

with the acceptance of new grants or loans that provide program funding.

12. LOAN SET-UP

On HOME loans, the County prepares the Project Set-Up Report, Funding Source

Detail, Draw-Down Request and Project Completion Report and sends to State HCD

along with the HUD-1 and Income Worksheet. Loans funded from other sources

such as Cal HOME shall follow the fiscal procedures specified by the program.

Upon receipt of the Draw-Down Request the State will set up the request with HUD

and send the County a reimbursement check within approximately sixty 60) days.

The loan is added to the Loan Log and flagged for annual and 5-year review as

appropriate.

The Original Promissory Note, Deed of Trust, Title Policy and insurance binder are

set up in a Vault File and stored in a fireproof file cabinet. A financial file consisting

of copies of the security documents, draw-down request, match documentation, loan

approval and related matters is set up for the Fiscal Officer's records. The Master

loan file shall, in,addition to the previously related information, contain income and

asset verification and other eligibility related documentation.

13. LOAN MAINTENANCE

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ATTACHMENT - HOMEBUYER ASSIST��1P�County of Monterey First Time Home Buyer Program Manual

Period of Affordability

Home

 Each loan funded by HOME is required to meet the following period of

affordability based on the amount of HOME assistance:

Less than $15,000  5 years

$15,000 to $40,000  10 years

More than $40,000  15 years

During the period of affordability, the borrower is required to document occupancy

and certify that the home is the primary residence of the household.

If the house is sold and the loan is not assumed, the period of affordability ends and

funds are recaptured. If the loan is assumed by an eligible household and the sales

price is affordable under HOME regulations, the original term of affordability

applies.

Redevelopment

Loans funded through Redevelopment Agency resources are required to maintain

affordability for 45 years. The affordability period for rentals is 55 years and a

Regulatory Agreement is recorded on the property to document the restriction.

14. LOAN MANAGEMENT

Monitoring

Annual:

The County will perform an annual monitoring of the properties, which have been

assisted with First-Time Home Buyer Down-Payment Assistance to determine that:

The qualified household is in residence, the unit has not been rented or sold and

remains the primary residence of the borrower;

Hazard insurance, including flood insurance if required) is in place that complies

with terms of the Loan documents.

Five Year Reviews:

At the conclusion of five years from the loan closing date and at five-year intervals

thereafter, the County will evaluate the Borrowers ability to repay HOME and CDBG

funded loans based on income housing expenses and total long-term debt to income

ratios.

The Housing Loan Committee shall review and approve any proposed modifications

to the terms of the loan including continued deferral of payments.

Subordination

Requests for subordination will be processed in accordance with the following

guidelines.

T:\RDA_HOUSING\HOUSING\Final Hsing Docs\OYher GUIDELINES\FTHB Program Manual 12_O8.doc 15

 

 

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ATTACHMENT - HOMEBUYER ASSIST��2P�County of Monterey First Time Home Buyer Program Manual

General Procedures:

 Borrower completes Subordination Request form and submits the form along

with any required documentation of special circumstances to the Housing and

Redevelopment Division. Copies of the Subordination Request Forms, lender

letters and sample letters are included in the FTHB Forms Binder.

 Borrower has lender forward copies of the credit report, loan application,

appraisal, income verification, preliminary title report and preliminary loan

closing statement.

 Staff reviews information and determines conformance with the subordination

guidelines for the type of loan. See Attachment 1 for the method of

determining household income.

 Subordination requests can be approved at the staff level when the proposed

loan to value ratio is sunder 90% of the current appraisal value of the property

and no change in borrowers equity is proposed no cash out). Cal HOME and

Joe Serna Farm worker Housing Chant funded loans do not allow refinancing

with cash to the borrower.

 The Housing Loan Committee reviews all requests where the proposed loan

to value ratio exceeds 90% of the current appraised value of the property or

where the borrower proposes to take cash out.

 Subordination requests will generally be approved when the new loan results

in a lower interest rate, reduces payments or otherwise improves the

borrower's or the County's position and no cash is taken out. Also, the

program loan's repayment schedule cannot be compromised by the new loan.

 The borrower will be notified in writing of the approval/denial of the

Subordination Request.

 The Subordination Agreement is prepared by the Title Company and forwarded to

the County for execution after the borrowers have signed and the document is

notarized. The Housing Program Manager or designee is authorized to sign the

documents on behalf of the County. Upon execution, the Agreement is returned to

the Title Company for recording. The recorded Agreement is copied and the original

document is removed to the vault file for the loan.

Amortized:

 The borrower's payment record will be reviewed to determine if payments

have been made in a timely marnler. Subordination will not be approved

when the borrower has a record of chronic late payments to the County unless

loan proceeds are to be used to bring the County's loan current.

 To the extent allowable by the regulations of the funding source. A borrower

may be allowed to take equity out with the new loan when there are special

circumstances, such as, medical or educational expenses or necessary home

repairs.

Deferred Loans:

 The proposed debt cost to income ratio shall not exceed 40%.

 The borrower's ability and willingness to make payments on the County's

loan, in addition to the proposed loan will be determined and considered by

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ATTACHMENT - HOMEBUYER ASSIST��3P�County of Monterey First Time Home Buyer Program Manual

the' Housing Loan Committee in reviewing the proposed subordination. The

ability of the borrower to pay the FTHB loan in fall will be determined by the

lender and such information shall be considered by the Housing Loan

Committee.

 Borrowers will be allowed to take equity out when there are special

circumstances as described above, however, the Loan Committee may require

the borrower to begin making full or partial payments on the County's loan as

a condition of approval of the subordination.

Borrower will be required to sign a Modification of Promissory Note with the

terms approved by the Housing Loan Committee and execute a Memorandum of

Modification of Deed of Trust to be recorded prior to or concurrent with recordation

of the of the Subordination Agreement.

Loan Modification and Forbearance

Loan modifications and forbearance are considered by the Housing Loan Committee

in connection with the Five Year Review and upon request by a borrower who is

temporarily or permanently unable to make scheduled loan payments due to financial

hardship and at the loan maturity date.

 The borrower is required to submit updated information on household

composition, documentation of current income, assets, insurance, mortgage

and long-term debts for evaluation. Two years federal tax returns are

required.

 In the case of financial hardship, the type of documentation required will

depend on the basis of the hardship for example, a claim of disability would

necessitate review of amount of disability benefits, doctors statements

estimating term of disability and documentation of medical expenses not

covered by insurance.

 Loan modifications will be recommended if the hardship is expected to

continue for more than one year or the household debt to income ratio

exceeds 50% excluding the FTHB loan. A new five-year review term is

established and payments are deferred.

 If the financial hardship is short-term in nature, payments will be temporarily

suspended. A forbearance plan will be developed to allow the borrower to

bring the loan current over a reasonable time period.

 Options available at loan maturity date are deferral of the principal and

interest for 5 years or conversion to an amortized loan payable within 15

years. BEGIN loans convert to zero interest in these situations and are

deferred for an additional 30 years. All other FTHB loans continue at the

original interest rate.

Loan Assumptions

The First Time Homebuyer Loan may be assumed by an income-eligible purchaser,

household income is 80% of median or less) who meets all other criteria for the

FTHB Program. However, Cal HOME loans are not assumable.

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ATTACHMENT - HOMEBUYER ASSIST��4P�County of Monterey First Time Home Buyer Program Manual

of the loan term. HOME loans that are assumed must meet all the resale" criteria of

the HOME program.

 The purchaser must qualify as a First Time Homebuyer and meet standard

underwriting criteria.

 The purchase price may not exceed the limit for Monterey County as

approved by the federal Department of Housing & Urban Development or

HCD.

 Primary financing must be a fixed rate conventional loan. However, the

purchaser will not be required to obtain financing through CalHFA.

The Housing Loan Committee will review all Loan Assumption requests. The HLC

shall have the ability to deny such requests if it determines that Housing Program

objectives and milestones would be better served by loan recapture prior to

expiration of the minimum affordability period) or repayment.

Loan Repayment, Payoffs, and Recapture

 Borrowers may make voluntary payments of principal and interest without

penalty.

 Payments are first applied to accrued interest.

 The remaining payment amount reduces the principal balance.

 The County maintains records of all payments and issues an annual statement

of interest paid.

 Borrowers may request a payment history and principal balance remaining by

contracting the Housing Office.

Loan Payoff Procedures

 Borrower or borrower's representative requests payoff demand

 Demand calculation form is completed.

 Housing Staff reviews loan files to confirm number of loans, terms, balances

and regulatory agreements.

 Demand for Title Company is prepared and sent via fax and mail.

 Upon receipt of payment in full, the reconveyance is prepared and forwarded

to Recorder's Office for recording.

 Housing and Redevelopment Office will make copies or recorded

reconveyance for file. The original is forwarded to the owner.

Recaptured Funds

Borrowers are permitted to payoff their loan at any time. HOME loans that are

repaid before expiration of the affordability period are recaptured.

Recaptured funds may not be used for program administration.

Sale of other FTHB assisted property

Inclusionary Units/Redevelopment Assisted Units

Units developed under the County's Inclusionary Ordinance and Redevelopment

Program have affordability restrictions with specific terms. Existing units with FTHB

loans will follow the re-sale provision of the County's Inclusionary Administrative

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ATTACHMENT - HOMEBUYER ASSIST��5P�County of Monterey First Time Home Buyer Program Manual

Manual for Inclusionary Units and Redevelopment law provisions for

Redevelopment units.

Re-sale Restricted Units

FTHB Loans provided in conjunction non-profit housing developments may have

project specific re-sale restrictions as approved by the Housing Loan Committee and

as provided by approved source of funding.

Market Rate Re-sales

Unless otherwise restricted as described above, the FTHB assisted unit may be sold

at fair market value.

15. DEFAULT AND FORECLOSURE:

Foreclosure actions must be reviewed and approved by the Housing Loan

Committee.

County as Junior Lien holder

It is the County's policy to prepare and record a Request for Notice" on all senior

lien placed on properties financed by a loan or loans through FTHB program funds

with notification to come to the Housing and Redevelopment Program Manager.

This document requires any senior lien holder to notify the County of initiation

recordation of Notice of Default") of a foreclosure. The junior lien holder may

cancel the foreclosure proceedings by reinstating" the senior lien holder. The

reinstatement amount must be obtained by contacting the senior lien holder. This

amount will include all delinquent payments, late charges, advances fire insurance

premiums, property taxes, property protection costs, etc.), and foreclosure costs fees

for legal counsel, recordings, certified mail, etc.).

Once the County has the information on the reinstatement amount, staff must then

determine if it is cost effective to protect the County's position by reinstating the

senior lien holder, keeping the first loan current by submitting a monthly payment

thereafter, foreclosing on the property possibly resulting in owning the property at

the end of foreclosure, protecting the property against vandalism and paying

marketing costs readying the home for marketing, paying for yard maintenance,

paying a real estate broker a sales commission):

If the County 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 County 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 payoff of the balance, plus costs, to cancel foreclosure. If

the County determines the reinstatement and maintenance of the property not to be

cost effective and allows the senior lien holder to complete foreclosure, the County's

lien may be eliminated due to insufficient proceeds from the sale of the property.

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ATTACHMENT - HOMEBUYER ASSIST��6P�County of Monterey First Time Home Buyer Program Manual

Default on Loan Repayment

When the Borrower is in default on the County loan, 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 60 days in arrears, at which time the County may consider

foreclosure. An appointment will be scheduled to discuss the reason for the

arrearages. If due to job loss, reduction in income or other financial hardship, the

Housing Loan Committee will consider forbearance or modification of the loan

terms. County staff will consider the following factors before initiating foreclosure.

Determine if the borrower is willing to refinance with a commercial lender or to sell

the property to pay off the County First Time Homebuyer Loan.

Review the loan balance; if the balance is under $5,000, the expense to foreclose may

exceed the loan amount.

Determine if the sale of home as is," will be sufficient to 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

County may opt to initiate foreclosure. The owner 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 County to prevent foreclosure.

At the end of thirty days, the County will contact a reputable foreclosure service or

local title company to prepare and record foreclosure documents and make all

necessary notifications to the owner and junior lien holders. The service will advise

the County of all required documentation to initiate foreclosure and funds required

from the owner to cancel foreclosure proceedings.

When the process is completed, and the property has reverted to the beneficiary" at

the foreclosure sale, the County would then contact a real estate broker to market the

home.

Non-Monetary Defaults/Acceleration of Note

The County may issue a Demand for Repayment in situations where the Borrower

has breached the terms of the Promissory Note, Deed of Trust or First Time

Homebuyer Agreement. Examples include: failure to maintain adequate insurance

coverage; no longer occupying the property as primary residence; or failing to

document occupancy, sale, transfer or assignment of the property or in the case of

misrepresentation or fraud for the purpose of obtaining the FTHB loan.

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ATTACHMENT - HOMEBUYER ASSIST��7P�County of Monterey First Time Home Buyer Program Manual

APPENDIX A  INCOME & UNDERWRITING STANDARDS

1. INCOME DETERMINATION AND INCOME LIMITS

Determining Income Eligibility

Annual income includes the gross amount of income of all adult household members

anticipated to be received during the coming 12 months. The current employment and

income situation of the family should be used to determine the anticipated annual

income. When determining the household size, the following are not counted as

household members: co-borrowers, foster children, live-in aides, and unborn children

and children being pursued for legal custody or adoption who are not currently living in

the household. Once the annual household income has been established, it must be

compared to the most recent HUD area income limits. In no event will HOME, Cal

HOME or CDBG Program assistance be provided to households whose incomes

exceed HUD income limits for 80% of the median income of the Monterey Countyl

Area as adjusted for household size. Depending on the availability of BEGIN,

Redevelopment, Inclusionary, Joe Serna Farm worker Housing Grant or other funding

that has higher limits including exceptions to CDBG funding), households with incomes

between 80-120% of median may be eligible for FTHB Program loans.

All persons in residence are considered household members for purposes of income

eligibility unless specifically excluded in the paragraph above. Listed below are

definitions of income.

24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS

Part 5 Inclusions

This table presents the Part 5 income inclusions as stated in the Code of Federal regulations.

General Category Statement from 24 CFR 5.609 paragraph b) April 1, 2004)

1. Income from The full amount, before any payroll deductions, of wages and salaries, overtime pay,

wages, salaries, commissions, fees, tips and bonuses, and other compensation for personal services.

tips, etc.

 

      

 The net income from.the operation of a business or  profession.' Expenditures for business

 expansion or amortization of capital indebtedness shall not be used as deductions in

 determining net:.income. An allowance for depreciation of assets used in a business or

2.  Business. Income profession may be deducted,: based on straight-line depreciation, as;provided.inInternal i

 Revenue Service regulations. Any. withdrawal of cash or assets from the operation of a

 a business or profession will be included in income, except to=theextent-.the withdrawal is

 reimbursementof cash or assets invested in the operationcby, tthe 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 for depreciation is permitted only as authorized in 11

number 2 above). Any withdrawal of cash or assets from an investment will be included

3. Interest & in income, except to the extent the withdrawal is reimbursement of cash or assets

Dividend Income 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 I

 

 assets or a percentage of the value of such assets based on the current passbook savings

 rate, as determined by HUD.

 The"full amount of; periodic amounts received from Social' Security, annuities,-insurance

 policies, retirement funds, pensions, disability or death benefits, and other similar types

4. Retirement & of periodic receipts, including a lump-sum amount or prospective monthly amounts for

Insurance Income the delayed start of a periodic amount except as provided in number 14 of.Income

 Exclusions).

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ATTACHMENT - HOMEBUYER ASSIST��8P�County of Monterey First Time Home Buyer Program Manual

 

15. Unemployment Payments in lieu of earnings, such as unemployment and disability compensation,

 

& Disability Income worker's compensation, and severance pay except as provided in number 3 of Income

 Exclusions).

 Welfare Assistance. Welfare assistance payments made under the"Temporary Assistance

 for Needy Families TANF) program are included in annual income:

  Qualify as assistance under the TANF program. definition at 45 CFR 260.31; and

  Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c).

 If the-welfare assistance payment includes an amount specifically-designated nated,for shelter

6. Welfare and utilities that is subject toadjustment by the welfare assistance agency in accordance

Assistance with the actual cost of shelter and utilities, the amount of welfare assistance income to

 be included as income shall consist of:

  the amount of the allowance or grant exclusive of the amount. specifically

 designated for shelter or utilities; plus

 the maximum amount that the welfare assistance agency could in fact allow the

 family for. shelter and_utilities.-If the family's welfare assistance is reduced from the

 l standard. of need by. applying a-percentage, the amount calculated under.24 CFR

 5.609 shall.be.the amount resulting from one application of the percentage.

             

7. Alimony, Child Periodic and determinable allowances, such as alimony and child support payments, and

Support, & Gift regular contributions or gifts received from organizations or from persons not residing in.

Income the dwelling.

8 Armed Forces All regular pay  special day and allowances of a member of the Armed Forces except as

Income provided in number 7 of.Income Exclusions)

Part 5 exclusions

This table presents the Part 5 income exclusions as stated in the Code of Federal

Regulations.

General Category Statement from 24 CFR 5 609 paragraph c) April 1, 2004).1--

1. Income of Income from employment of children including foster children) under the age of 18

Children ears

y  

2. Foster Care Payments received for the care of foster children or foster  adults usually: persons-with

Payments disabilities, unrelated to the tenant family, who are unable:to live alone).

3. Inheritance and Lump sum additions to family assets, such as inheritances, insurance payments

Insurance Income including payments under health and accident insurance and workers compensation),

 capital gains and settlement for personal or property losses except as provided in

 number 5 of Income inclusions).

4. Medical Expense mounts received by the family that are: specifically for, or.in reimbursement of, the cost

Reimbursements of medical expenses for any family-member.

5. Income of Live-in

Aides

     

Income of a live-in aide as defined in 24, CFR 5.403).

          

6. Disabled Persons Certain increases in income of a disabled member of qualified families residing in HOME

 assisted housing or receiving HOME enant-basedrental assistance 24 CFR5.671(a))

7. Student Financial The full amount of student financial assistance paid directly to the student or to the

Aid  educational institution.

7-1

8.:Armed Forces

he-special pay to a family member serving in.the Armed Forces who is exposed to

Hostile Fire  Pa hostile fire,

9. Self Sufficiency

 

Program Income a. Amounts received under training programs funded by HUD.

 b. Amounts received by a person with a disability that are disregarded for a

 limited time for purposes of Supplemental Security Income eligibility and

 benefits because they are set side for use under a Plan to Attain Self-

 Sufficiency PASS).

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ATTACHMENT - HOMEBUYER ASSIST��9P�County of Monterey First Time Home Buyer Program Manual

 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 as 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. Reparations Reparation payments paid by a foreign government pursuant to claims filed under the

 laws of that government by persons who were persecuted during the Nazi era.

12, Incomefrom Earnings in excess of $480 for each full=time student 18 years old or older.(excludingthe

Full time Students head of household or spouse).

13. Adoption

Assistance Adoption assistance payments in excess of $480 per adopted child.

Payments

14 Social Security

 Deferred periodic amounts from SSI and Social Security: that are received in a

& SSI Income lump sum amount or in prospective monthly amounts

15. Property Tax Amounts received by the family in the form of refunds or rebates under state or local law:.

Refunds for property taxes paid on the dwelling unit.

 

16.HomeCare Amounts paid by aatate agency to a family with a member who has a developmental

Assistance disability and is living athometo offset the cost of services and equipment needed to

 keep thisdevelopmentally: disabled family member at home,

   

17. Other Federal

Exclusions Amounts specifically excluded by any other federal statute from consideration as income

 for purposes of determining eligibility or benefits under a category of assistance

 programs that includes assistance under any program to which the exclusions of 24 CFR

 5.609(c) apply, including:

 The value of the allotment made under the Food Stamp Act of 1977;

 Payments received under the Domestic Volunteer Service Act of 1973 employment

 through VISTA, Retired Senior Volunteer Program, Foster Grandparents Program,

 youthful offender incarceration alternatives, senior companions);

 h Payments received under the Alaskan Native Claims Settlement Act;

  Income derived from the disposition of funds to the Grand River Band of Ottawa

 Indians;

 b Income derived from certain sub-marginal land of the United States that is held in

 trust for certain Indian tribes;

 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 Claims 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;

 k 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;

T:\RDA_HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINES\FTHB Program Manual 12_08.doc 23

 

 

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ATTACHMENT - HOMEBUYER ASSIST��:P�County of Monterey First Time Home Buyer Program Manual

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M 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);

Payments received on or after January 1, 1989, from the Agent Orange Settlement

Fund or any other 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 under the Job

Training Partnership Act employment and training programs for Native Americans

and migrant and seasonal farm workers, Job Corps, veterans employment

programs, state job training programs and career intern programs, AmeriCorps);

Payments by the Indian Claims Commission to the Confederated Tribes and Bands

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Allowances, earnings, and payments to AmeriCorps participants under the National

and Community Service 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 Investment Act of 1998.

Income Verification Requirements

The primary lender is responsible for obtaining income verification and forwarding such

information to the County with the Lender packet. The Housing Staff will review the

packet for completeness and request additional documentation; if necessary to clarify

actual and projected income for the household.

The two procedures for verifying income are as follows:

1. Third-Party Verification. Through this method, the lender contacts outside sources

in writing to provide information. Before you can obtain the information from the

third-party entity you must have a written release from the household. The forms

for these requests are listed below:

 Verification of Employment;

 Verification of Social Security;

 Verification of Pension and Annuities;

 Verification of Veterans Benefits;

 Verification of Unemployment Benefits;

 Verification of Public Assistance; or

2. Review documentation provided by the applicants, including the following:

 Current 30-day consecutive pay stubs

 Last three years of Federal Tax returns;

 Last two years of W2's;

T: RDA HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINES\FTHB Program Manual 12_08.doc 24

 

 

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ATTACHMENT - HOMEBUYER ASSIST��;P�County of Monterey First Time Home Buyer Program Manual

 Last two months of bank statements;

 If self employed, last two years of Schedule C of Federal tax returns and a

current profit and loss statement;

 Divorce documents showing child support and alimony received;

 Benefits statements pension, Social Security, etc.).

Income Worksheet

The Housing Analyst prepares an Income Worksheet using household income, as

projected for the next twelve months.

It is important when assessing the information, to note whether the employee is paid

hourly, weekly, or monthly, and note average overtime pay. If an employee gets paid

twice a month, that is 24 times per year, whereas if an employee is paid every two weeks,

that is 26 times per year. It is also important to determine if overtime is continuous or

sporadic. Documentation must be included in the Borrower's file.

In cases where the net assets are below $5,000 use actual income. If net assets are in

excess of $5,000, use the higher of income generated by those assets or use the current

passbook savings rate, which is currently 2%.

Maximum Income Limits

HCD and HUD issue annual income limits based usually in the early spring of each year.

Applicants with incomes at or below 80% of median as adjusted by household size are

eligible for HOME, Cal HOME and CDBG Program funded loans. Households with

income between 80-120% of median may be eligible if alternative funding is available

with these income limits. The next page identifies the income limits for the Monterey

County area.

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ATTACHMENT - HOMEBUYER ASSIST��<P�State CDBG's and HOME's Table of 2008 Income Limits

NUMBER OF PERSONS IN HOUSEHOLD

Page 3 of 6

INCOME*

County CATEGORY 1 2 3 4 5 6 7 8

Marin County

Mariposa County

Mendocino County

Merced County

Modoc County

Mono County

Monterey County

Napa County

Nevada County

Orange County

30%". Limit 23,750 27,150 30,550 33,950 36,650 39,400 42,100 44,800

50%" Limit 39,600 45,250 50,900 56,550 61,050 65,600 70,100 74,650

60%" Limit 47,520 54,300 61,080 67,860 73,260 78,720 84,120 89,580

80%" Limit 63,350 72,400 81,450 90,500 97,700 104,950 112,200 119,450

30%" Limit 11,350 12,950 14,600 16,200 17,500 18,800 20,100 21,400

50%" Limit 18,900 21,600 24,300 27,000 29,150 31,300 33,500  35,650

60%" Limit 22,680 25,920 29,160 32,400 34,980 37,560 40,200 42,780

80%" Limit 30,250 34,550 38,900 43,200 46,650 50,100 53,550 57,000

30%" Limit 11,300 12,900 14,550 16,150 17,450 18,750 20,050 21,300

50%" Limit 18,850 21,500 24,200 26,900 29,050 31,200 33,350 35,500

60%" Limit 22,620 25,800 29,040 32,280 34,860 37,440 40,020 42,600

80%" Limit 30,150 34,450 38,750 43,050 46,500 49,950 53,400 56,850

30%" Limit 11,300 12,900 14,550 16,150 17,450 18,750 20,050 21,300

50%" Limit 18,850 21,500 24,200 26,900 29,050 31,200 33,350 35,500

60%" Limit 22,620 25,800 29,040 32,280 34,860 37,440 40,020 42,600

80%" Limit 30,150 34,450 38,750 43,050 46,500 49,950 53,400 56,850

30%" Limit 11,300 12,900 14,550 16,150 17,450 18,750 20,050 21,300

50%" Limit 18,850 21,500 24,200 26,900 29,050 31,200 33,350 35,500

60%" Limit 22,620 25,800 29,040 32,280 34,860 37,440 40,020 42,600

80%" Limit 30,150 34,450 38,750 43,050 46,500 49,950 53,400 56,850

30%" Limit 13,850 15,800 17,800 19,750 21,350 22,900 24,500 26,050

50%" Limit 23,050 26,350 29,650 32,950 35,600 38,200 40,850  43,500

60%" Limit 27,660 31,620 35,580 39,540 42,720 45,840 49,020 52,200

80%" Limit 36,900 42,150 47,450 52,700 56,900 61,150 65,350 69,550

30%" Limit 13,600 15,550 17,500 19,450 21,000 22,550 24,100 25,650

50%" Limit 22,700 25,900 29,150 32,400 35,000 37,600 40,200 42,750

60%" Limit 27,240 31,080 34,980 38,880 42,000 45,120 48,240 51,300

80%" Limit 36,300 41,500 46,650 51,850 56,000 60,150 64,300 68,450

30%" Limit 16,750 19,100 21,500 23,900 25,800 27,700 29,650 31,550

50%" Limit 27,850 31,850 35,800 39,800 43,000 46,150 49,350 52,550

60%" Limit 33,420 38,220 42,960 47,760 51,600 55,380 59,220 63,060

80%" Limit 43,050 49,200 55,350 61,500 66,400 71,350 76,250 81,200

30%" Limit 13,700 15,650 17,600 19,550 21,100 22,700 24,250 25,800

50%" Limit 22,800 26,050 29,300 32,550 35,150 37,750 40,350 42,950

60%" Limit 27,360 31,260 35,160 39,060 42,180 45,300 48,420 51,540

80%" Limit 36,450 41,700 46,900 52,100 56,250 60,450 64,600 68,750

30%" Limit 19,550 22,300 25,1 OD 27,900 30,150 32,350 34,600 36,850

50%" Limit 32,550 37,200 41,850 46,500 50,200 53,950 57,650 61,400

60%" Limit 39,060 44,640 50,220 55,800  60,240 64,740 69,180 73,680

80%" Limit 52,100 59,500 66,950 74,400 80,350 86,300 92,250 98,200

* Percentages may not be mathematically related to each other. Percents are used as names for the categories because programs' actual

names for limits differ.

 

 

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ATTACHMENT - HOMEBUYER ASSIST��=P�County of Monterey First Time Home Buyer Program Manual

APPENDIX B. UNDERWRITING STANDARDS

CREDIT HISTORY

Past credit history and credit patterns are verified by the primary lender and a copy of the

report is included in the loan package for the County.

 Previous rental or mortgage payment history covering the most recent twelve

month period must be documented if not included in the credit report

 Collections & Judgments: Court ordered judgments must be paid off prior to

close of escrow unless a payment agreement is in effect and documentation of

acceptable payments is made available.

 In the case of bankruptcy:

Chapter 7 Liquidation  At least two years must have passed since the

bankruptcy was discharged.

Chapter 13  A borrower paying off debts under Chapter 13 may be qualified if

the Bankruptcy Court approves both the primary loan and FTHB additional debt

and monthly payments.

Borrowers Without Credit History:

Utility payment records, insurance payments, non-commercial loan receipts and

other documentation may be accepted when a borrower's Credit Report does not

reflect adequate credit history.

Borrowers with Poor Credit History:

 In general, poor credit history more than two years past will not affect the credit

review. More recent derogatory information will require written explanation

from the borrower that is consistent with other credit information.

 Poor Credit: Borrowers with continuous slow payments and delinquent accounts

within the last two years will not be eligible unless a co-borrower or co-signer

with a compensating excellent credit history is willing to co-sign on the primary

promissory note. The co-borrower or co-signer must sign the loan application

and provide documentation of income, assets and credit history.

Previous Mortgage Foreclosure:

If foreclosure on the borrowers home was

 more than 3 years past;

 the result of extenuating circumstances beyond the borrowers control; and

 the borrower has since established good credit, then the foreclosure will not

adversely affect eligibility under the FTHB Underwriting Standards.

Primary Lender Credit Disqualification:

The primary lender may disqualify applicants under additional credit criteria such as

credit scores, delinquent state or federal debts, Credit Alert Interactive Voice

Response System records or other factors that are part of the primary lender's or

CaIBFA's Underwriting Standards.

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ATTACHMENT - HOMEBUYER ASSIST��>P�County of Monterey First Time Home Buyer Program Manual

STABILITY OF INCOME

Borrowers must demonstrate at least two years of income stability unless there are

extenuating circumstances such as recent entry into the job market after college, trade

school, staying out of the workforce to care for children or other family members; or job

changes within the same industry or line of work.

Self-Employed Borrowers

Income from self-employment is considered stable if the borrower has been self-

employed for two years with a 25% or greater interest in a business and is able to

provide tax returns and a profit and loss statement to document income and

expenses.

ASSETS AND GIFT FOR DOWN PAYMENT & CLOSING COSTS

Required FTHB Down payment:

A 3% down payment of the purchase price is required for the FTHB loan unless the

borrower meets all other criteria-and demonstrates financial hardship. Exceptions

may be granted for special terms of other subsidized financing, sweat equity or

buyer.investment in property repairs prior to close of escrow. Ca1HFA down

payment assistance loans, in particular are encouraged.

 An outright gift of funds is acceptable for the down payment if the donor is a

relative, employer, charitable organization, government or quasi-governmental

agency or friend not otherwise party to the sales transaction.

 Loans for the required down payment from collateralized sources, such as

retirement funds, life insurance and deposited funds are allowable as long as

repayments may be provided by liquidating the asset.

 The primary lender may require additional documentation and additional funds

beyond the County's requirements.

 The reason for the additional borrower funds must be provided to the County in

writing with copies of the lender's or Ca1HFA's Standard Underwriting Criteria

to support the request for additional funds.

DEBT RATIOS

Housing Expense to Income Ratio

In general, the total of principal and interest payments, real estate taxes, hazard

insurance premiums and homeowner's association dues should not exceed 40% of

the household's income. Higher ratios are acceptable if the household has a co-

signer, low recurring expenses or other compensating factors described in the next

section.

Total Debt to Income Ratio

 In addition to housing costs, the following types of liabilities are to be included

in the calculation of total debt to income: installment loans, revolving charge

accounts, child support, alimony and any other debt lasting more than 12

months.

 Revolving accounts are calculated at 5 per cent of the current balance unless the

account shows a specific minimum payment.

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ATTACHMENT - HOMEBUYER ASSIST��?P�County of Monterey First Time Home Buyer Program Manual

 Contingent liabilities are included unless a 12 to 24 month history demonstrating

payment by another party is provided.

 The total debt to income ratio should not exceed 45 per cent unless there are

substantial compensating factors. However, the Housing Loan Committee may

approve higher ratios of up to 50% upon review of the borrowers credit history,

projected income and assets and compensating factors.

OTHER COMPENSATING FACTORS

Non Taxable Income:

Income that is not subject to federal taxes may be considered as compensating factor

when a borrower's credit history or income stability is otherwise less than desired.

For underwriting purposes an adjustment of 125% is acceptable.

Housing Expenses:

Borrower has successfully paid housing expenses, nearly equal to, equal to or

greater than the proposed monthly expense over the last 12 months.

Down payment:

Borrower makes a large down payment toward purchase price plus closing costs.

Asset Reserves

Borrower has substantial liquid or readily converted asset reserves after closing and

has contributed at least 3 % towards the purchase of the property.

Co-signer

Co-signer or co-borrower has excellent credit history, substantial assets and/or low

debt to income ratios. Co-signers contribution to the borrower's housing expense

can be factored into the housing expense ratio with written documentation of the

planned contribution including the period for which the co-signer will contribute.

Debt Pay down

When the borrower agrees to pay down existing debts in order to lower the total

debt to income ratio and submits verification prior to loan closing.

Energy Efficient Homes

Higher ratios are allowed for homes built after April 1994 under the Model Energy

Codes or otherwise determined to be- energy efficient by the FHA, a home energy

rating system or energy consultant generally, up to 2%).

Determining FTHB Loan Amount

The Housing staff will analyze the proposed loan utilizing the underwriting criteria

described in previous sections above and:

 Review primary lenders Mortgage Credit Underwriting Worksheet to determine

if the lender has maximized the first mortgage amount.

 Review the projected income including income from assets and complete the

Income Worksheet.

 Calculate debt to income ratios based on documentation in the Credit Report,

loan application and Lender's Estimated Borrower's Statement. Confirm

principal and interest payments, estimated property tax and hazard insurance

premiums.

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ATTACHMENT - HOMEBUYER ASSIST��@P�County of Monterey First Time Home Buyer Program Manual

 Confirm earnest money deposit, final purchase price, estimated closing costs,

and funds available from the borrower for down payment.

 Contact borrower to discuss potential assistance from employers, family

members and co-signers.

 Review compensating factors to determine if the borrower meets criteria for

higher debt to income ratios.

Calculate maximum loan based on total acquisition costs, funds from borrower

for down payment and standard maximum ratios.

 Ensure that the term of program loan is less than or equal to the primary loan.

 Verify that the total loan to value of all loans is no more than 90%, unless special

circumstances are approved by Housing Loan Committee.

 Calculate maximum loan based on higher ratios if compensating factors are

significant. For BEGIN assisted units, the combined indebtedness shall not

exceed one hundred percent of the sales price plus a maximum of up to 5

percent of the sales price to cover actual closing costs.

 Prepare a staff report for the Housing Loan Committee detailing the

underwriting process and presenting standard and exception loan alternatives.

30

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ATTACHMENT - HOMEBUYER ASSIST��AP�County of Monterey First Time Home Buyer Program Manual

APPENDIX C  LOAN LIMITS

The Monterey County First Time Homebuyer Loan Program FTHB) is intended to provide

the minimum gap financing to enable a household to qualify to purchase a home in the

unincorporated areas of the County. The actual FTI-1B loan amount is determined based on

underwriting criteria in APPENDIX A.

The standard loan limits shown below are the maximums that will be allowed unless the

Housing Loan Committee determines that it is appropriate to approve a larger loan to reduce

debt ratios. Exceptions to the limits will not be granted if the combined total of the primary

financing, borrowers down payment, and standard FTHB loan amount are sufficient to cover

the purchase price and closing costs. Borrowers are encouraged to utilize other programs

such as CalHFA deferred payment loans to reduce the FTHB loan amount. Other resources,

such as Cal HOME funding may be used as match.

Exceptions may also be approved based on, but not limited to, the following adopted

Monterey County affordable housing priorities:

 Preference for projects that address the needs of targeted areas, including

Chualar, Boronda, Castroville, PaJaro, Las Lomas and other urbanized areas

where the project will substantially benefit unincorporated residents.

 Preference to projects that provide new housing or access to housing for large

low and very low-income families.

 Preference for projects that preserve existing housing when that housing is sound

and is affordable to current low and very low-income residents.

Under no circumstances will HOME Assistance, including ADDI loans, by unit size)

exceed the HUD approved limits for Monterey County. These are maximum HOME

subsidy limits and are included on the next page.

Bedrooms in Unit Standard Loan Limit Exception Limits

Studio  $ 50,000 $ 84,960

One  $ 60,000 $ 97,390

Two  $ 85,000 $118,425

Three  $ 98,000 $153,202

Four or more  $100,000 $168,168

Note: CaIHOME limit is $50,000

BEGIN loan limit is $30,000 or 20% of purchase price, whichever is less.

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ATTACHMENT - HOMEBUYER ASSIST��BP�HOME PROGRAM

SUBSIDY LIMITS PER UNIT  SECTION 221(d) 3)

All limits are effective 5/28/08 except those which are highlighted and were effective 1/1/08)

COUNTY NAME 0-BDR 1-BDR 2-BDR 3-BDR 4-BDR

Alameda $133,250 $152,746 $185,739 $240,285 $263,760

Alpine $131,216 $150,414 $182,903 $236,616 $259,733

Amador $131,216 $150,414 $182,903 $236,616 $259,733

Butte $128,164 $146,916 $178,650 $231,114 $253,693

Calaveras $125,621 $144,001 $175,105 $226,528 $248,659

Colusa $129,181 $148,082 $180,068 $232,948 $255,706

Contra Costa $132,233 $151,580 $184,321 $238,451 $261,747

Del Norte $125,113 $143,418 $174,396 $225,611 $247,653

El Dorado $134,776 $154,495 $187,866 $243,036 $266,780

not including

Lake Tahoe Area) 4

rt;.'J

1 t4iRtnF:h;

i' F'  sr$

i uj;tLst?k�~

 4 tk

Fresno $119,010 $136,422 $165,889 $214,606 $235,572

Glenn $129,181 $148,082 $180,068 $232,948 $255,706

Humboldt $125,113 $143,418 $174,396 $225,611 $247,653

Imperial $122,061 $139,920 $170,143 $220,108 $241,612

In yo $122,061  $139,920 $170,143 $220,108 $241,612

Kern $122,061 $139,920 $170,143 $220,108 $241,612

Kings $111,889 $128,260 $155,964 $201,766 $221,478

Lake $116,975 $134,090 $163,053 $210,937 $231,545

Lassen $129,181 $148,082 $180,068 $232,948 $255,706

Los Angeles $122,061 $139,920 $170,143 $220,108 $241,612

Madera $110,872 $127,094 $154,546 $199,932 $219,464

Marin  $130,199 $149,248 $181,486 $234,782 $257,720

Mariposa $111,889 $128,260 $155,964 $201,766 $221,478

Mendocino $110,872 $127,094 $154,546 $199,932 $219,464

Merced $110,872 $127,094 $154,546 $199,932 $219,464

Modoc $129,181 $148,082 $180,068 $232,948 $255,706

Mono $122,061 $139,920 $170,143 $220,108 $241,612

Monterey $126,130 $144,584 $175,814 $227,445 $249,666

Napa $124,095 $142,252 $172,978 $223,777 $245,639

Nevada $130,199 $149,248 $181,486 $234,782 $257,720

Orange $122,061 $139,920 $170,143 $220,108 $241,612

Placer $132,741 $152,163 $185,030 $239,368 $262,753

not including n

 

Lake Tahoe Area F u

 

rw~  J o r t 3 V~ o 3    a'

3'r'~I'I

J,,

Plumas $132,741 $152,163 $185,030 $239,368 $262,753

 

 

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ATTACHMENT - HOMEBUYER ASSIST��CP�County of Monterey First Time Home Buyer Program Manual

APPENDIX D: MAXIMUM PURCHASE PRICE

HOME publishes annual maximum purchase price limits by unit size annually:

Section 203(b)

The County can choose to lower these maximum purchase price limits but in no case

can a home sale exceed these limits.

See the next page for maximum purchase price limits.

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ATTACHMENT - HOMEBUYER ASSIST��DP�2008 NOFA Appendix D

Maximum Purchase Price/After-Rehabilitation Value Limits

 One-

Family Two-

Family Three-

Family Four;

Family Last

Revised::;

Alameda County 612,750 784,452 948,220 1,178,405 4/3/2008

Alpine Count),: 415,625 532,090  643,172 799,306 4/3/2008`

Amador County 337,250 431,753 521,888 648,579 4/3/2008

Butte  County 304,000 389,186 470,435 584,635 4/3/2008``

Calaveras County 362,790 449,996 543,940 675,984 4/3/2008

Colusa"County, 302,100:"  386,753 467,4:94 8,0981 4/3/2008;

Contra Costa County 567,150 726,074 877,654 1,090,710 4/3/2008

Del Norte. County 236,550 302,83,5  366,057 454,919" 4/3/200

El Dorado County 440,563 564,015 681,763 847,264 4/3/2008

Fresno County 289,750 370,943:" 448,383- 557,23.0 4/3/2008,,:

Glenn County 218,250 279, 119 337,390 419,293 4/3/2008

Huu boldt Coui ty 299;250  383,105  463,,084 575,500. 4/3/2008�

Imperial County 247,000 316,213 382,228 475,016 4/3/2008

lnyo County 362,790- T" 425,6,7,2,,' 514,538,1 63"9,445 4/3/2008,';

Kern County 280,250 358,780 433,682 538,960 4/3/2008

Kings County 247000�`x' 316,213".  3:82,228:; 475 413/2'00,'83

Lake County 304,950 390,402 471,905 586,462 4/3/2008

Lassen-;County   216,600:~ 277,295 335,185 416,552 4/3/2008':"'

Los Angeles County 531,050 679,859 821,790 1,021,284 4/3/2008

Madera County 323,000 413;510   499,837.  621;175 4/3/2008

Mann County 945,250 1,210,124 1,462,757 1,817,850 4/3/2008

MarposaCounty r r, 3.12,895 40.0,573 4:84,199, 601,741 4/3/200

Mendocino County 389,500 498,644 602,744 749,0.64 4/3/2008

Merced County 358,383,;  554, 689,221 4/3/2008

Modoc County 200,160 256,248 309,744 384,936 4/3/2008

Mono County 4  352,790:  464,449 561,4;1.1,; 697,696T 4/31200

Monterey County 569,050 728,507 880,595 1,094,364 4/3/2008

Nap41C01_111ty 584,250:` 747;966  904,116, 1;123,595 4/3/2008

Nevada County 427,500 547,292 661,549 822,143 4/3/2008

Orange County 671,500 863,506: 1;04.3,777, 1,297,159   4/3/2008

Placer County 412,300 527,833 638,027 792,911 4/3/2008

Plus asCou ity 3 I 600 398,915 482,195 599,251 4/3/2008

Riverside County 380,000 486,482 588,043 730,794 4/3/2008

Sacramento County 362,790 446 542,100'., 625,500 4/3/2008

San Benito County 551,000 705,399 852,663 1,059,651 4/3/2008

San Bernard n 362,790  441 482 533,649 663,195

663,195 4/3/2008`'

San Diego County 530,100 678,642 820,320 1,019,457 4/3/2008

 

San Francisco Co:ui ty. 

8`12 250 

1;039,855,

1.,256,942.

1,562,072 991

4/3/2008,.

111-0-2

 

 

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ATTACHMENT - HOMEBUYER ASSIST��EP�County of Monterey First Time Home Buyer Program Manual

ATTACHMENT E

LOAN SERVICING POLICIES AND PROCEDURES

FOR County of Monterey

The County of Monterey here after called Lender" has adopted these policies and procedures in

order to preserve its financial interest in properties, who's 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 follow 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 5) 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 loan

collection Company to collect payments). Late fees will be charged for payments received after

the assigned monthly date.

For Notes, which are deferred payment loans; the Lender may accept voluntary payments on the

loan. Loan payments will be credited to the interest first and then 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 forced

place 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 will be required at close of escrow. The lender may 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.

3. Required Request for Notice of Default:

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ATTACHMENT - HOMEBUYER ASSIST��FP�County of Monterey First Time Home Buyer Program Manual

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. 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 some owner occupant loans the Lender may require that Borrowers submit utility bills and/or

other documentation annually to prove occupancy during the term of the loan. Other loans may

have income and housing cost evaluations, which require a household to document that they are

not able to make repayments, 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-occupant

is 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 loan at an interest rate based on household size and

household income, provided the heir is in the TIG. 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.

Change from owner-occupant to owner-investor occurs when an owner-occupant decides to

move out and rent the assisted property, 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.

T:\RDA HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINES\FTHB Program Manual 12_08.doc 36

 

 

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ATTACHMENT - HOMEBUYER ASSIST��GP�County of Monterey First Time Home Buyer Program Manual

6. Requests for Subordinations:

When a Borrower wishes to refinance the property, they must request a subordination request to

the Lender. The Lender will only subordinate their loan when there is no cash out" as part of the

refinance. Cash out means there are no additional charges on the transaction above loan and

escrow closing fees. There can be no third party debt pay offs 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.

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) violation of rent limitation agreement; 4) change in title or use without approval; 5) 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.

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 foreclosure process 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.

8. 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:

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ATTACHMENT - HOMEBUYER ASSIST��HP�County of Monterey First Time Home Buyer Program Manual

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 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.

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ATTACHMENT - HOMEBUYER ASSIST��IP�County of Monterey First Time Home Buyer Program Manual

ATTACHMENT F

SELLERS LEAD-BASED PAINT DISCLOSURE

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-based paint hazards is recommended prior to purchase.

Seller's Disclosure

a) Presence of lead-based paint and/or lead-based paint 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) Seller 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):

i) 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-based paint

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.

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 his/her 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

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ATTACHMENT - HOMEBUYER ASSIST��JP�County of Monterey First Time Home Buyer Program Manual

Agent Date Agent Date

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ATTACHMENT - HOMEBUYER ASSIST��KP�County of Monterey First Time Home Buyer Program Manual

ATTACHMENT G

HOMEBUYER ASSISTANCE PROGRAM SAMPLE LEAD-BASED PAINT CONTRACT

CONTINGENCY LANGUAGE

This contract is contingent upon a risk assessment or inspection of the property for the presence

of lead-based paint and/or lead-based paint hazards at the Purchaser's expense until 9 p.m. on

the tenth calendar-day after ratification. This ending date is:  Insert date 10

days after contract ratification or a date mutually agreed upon]. Intact lead-based paint that is in

good condition is not necessarily a hazard. See the EPA pamphlet Protect Your Family From

Lead in Your Home" for more information.)

This contingency will terminate at the above predetermined deadline unless the Purchaser or

Purchaser's agent) delivers to the Seller or Seller's agent) a written contract addendum listing

the specific existing deficiencies and corrections needed, together with a copy of the inspection

and/or risk assessment report.

The Seller may, at the Seller's option, within days after Delivery of the addendum, elect in

writing whether to correct the condition(s) prior to settlement. If the Seller will correct the

condition, the Seller shall furnish the Purchaser with certification from a risk assessor or inspector

demonstrating that the condition has been remedied before the date of the settlement. If the

Seller does not elect to make the repairs, or if the Seller makes a counteroffer, the Purchaser

shall have days to respond to the counter-offer or remove this contingency and take the

property in as is" condition or this contract shall become void. The Purchaser may remove this

contingency at any time without cause.

Seller: Date:

Purchaser: Date:

Property Address:

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ATTACHMENT - HOMEBUYER ASSIST��LP�County of Monterey First Time Home Buyer Program Manual

ATTACHMENT H

SAMPLE DISCLOSURES TO SELLER WITH VOLUNTARY, ARM'S LENGTH, PURCHASE

OFFER

DECLARATION

This is to inform you that name of buyers) would like to purchase the property,

located at address)  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 contract of sale.

Because Federal funds may be used in the purchase, we are required to disclose to you the

following information:

1. The sale is voluntary. If you do not wish to sell, the buyer,

thru the agency, name of

agency/Sponsor) 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

determined by 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 at

Sincerely,

Title

Buyer Date

Buyer Date

Form continues on next page with Seller's Acknowledgment

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ATTACHMENT - HOMEBUYER ASSIST��MP�County of Monterey First Time Home Buyer Program Manual

Sample Disclosures to Seller with Voluntary, Arm's Length Purchase Offer

Page 2)

Acknowledgement

As the Seller I/we understand that the affiliation and title of inspector) will

inspect the property for health and safety deficienciesI/we also understand that public funds

may be involved in this transaction and, as such, if the property was built before 1978, a lead-

based paint disclosure must be signed by both the buyer and seller, and that a Visual

Assessment will be conducted to determine the presence of deteriorated paint.

As the Seller, I/we understand that under the City's or County's) program, the property must be

currently owner-occupied, vacant for four months at the time of submission of purchase offer,

new never occupied), or renter purchasing the unit. I/we hereby certify that the property is:

 Vacant at least 4 months;  Owner-occupied;  New; or  Being Purchased by

Occupant

I/we hereby certify that I have read and understand this Declaration" and  a copy of

said Notice was given to me prior to the offer to purchase. If received after presentation

of the purchase offer, I/We choose  to withdraw or  not to withdraw, from the

Purchase Agreement.

Seller Date

Seller Date

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ATTACHMENT - HOMEBUYER ASSIST��NP�County of Monterey First Time Home Buyer Program Manual

ATTACHMENT I

IMPLEMENTATION STEPS

INSTRUCTIONS TO HOMEBUYER

Name of Sponsor)

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.

C. Participant selects home and enters into a purchase contract contingent upon

receiving Program loan approval). Lender provides the Program Operator with 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 CAO City

Manager/Administrator or County Administrative/Executive Officer). Following loan

approval, Program Operator prepares Deed of Trust, Promissory Note, Notice of

Default, Grant Agreement, Owner Occupant Agreement with City/County, 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.

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ATTACHMENT - HOMEBUYER ASSIST��OP�ATTACHMENT J

LEAD-BASED PAINT VISUAL ASSESSMENT, NOTICE OF PRESUMPTION AND HAZARD REDUCTION FORM

Section 1: Background Information

Property Address:

Select one:

Visual Assessment

Presumption

No LBP found or LBP exempt

Hazard Reduction

Section 2: Visual Assessment. Fill out Sections 1, 2, and 6. If paint stabilization is performed, also fill out

Sections 4 and 5 after the work is completed.

Visual Assessment Date: Report Date:

Check if no deteriorated paint found 

Attachment A: Summary where deteriorated paint was found. For multi-family housing, list at least the housing

unit numbers and common areas and building components including type of room or space, and the material

underneath the paint).

Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to'occupant Win 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: For multi-family housing, list at least the housing unit numbers and

common areas, bare soil locations, dust-lead location, and or building components including type of room or

space, and the materials underneath the paint) of lead-based paint and/or hazards presumed to be present.

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  Start & Completion Dates:

If No", dates of previous Hazard Reduction Activity Notices:

Attachment C: Activity locations and types. For multi-family housing, list at least the housing unit numbers and

common areas for multifamily housing), bare soil locations, dust-lead locations, and/or building components

including type of room or space, and the material underneath the paint), and the types of lead-based paint

hazard reduction activities performed at the location listed.

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 report(s), using DHS form 8552 and 8551 for abatement activities)

Section 5: Resident Receipt of Notice for Presumption or Lead-Based Paint Hazard Reduction Activity

Printed Name: Signature: Date:

Section 6: Contact Information

Contact Name:

Date:

Address:

Organization:

Contact Signature:

Phone:

T:\RDA HOUSING\HOUSING\Fina1 Hsing Docs\Other GUIDELINES\FTHB Program Manual 12 08.doc

 

 

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ATTACHMENT - HOMEBUYER ASSIST��PP�County of Monterey First Time Home Buyer Program Manual

T:\RDA HOUSING\HOUSING\Final Hsing Docs\Other GUIDELINES\FTHB Program Manual 12_08.doc 46

 

 

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