ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
Provide that the purchaser is not obligated to purchase the unit unless the inspection issatisfactory to the purchaser;Provide that the purchaser is not obligated to pay for any necessary repairs; andContain a certification from the seller that the seller has not been debarred, suspended, orsubject to a limited denial of participation under CFR part 24.Disapproval of a SellerIn its administrative discretion, the PHA may deny approval of a seller for the same reasons aPHA may disapprove an owner under the regular HCV program [see 24 CFR 982.306(c)].15-VII.H. FINANCING [24 CFR 982.632]The PHA may establish requirements for financing purchase of a home under thehomeownership option. This may include requirements concerning qualification of lenders,terms of financing, restrictions concerning debt secured by the home, lender qualifications, loanterms, and affordability of the debt. The PHA must establish policies describing theserequirements in the administrative plan.A PHA may not require that families acquire financing from one or more specified lenders,thereby restricting the family’s ability to secure favorable financing terms.PHA PolicyAs a check against predatory lending, the PHA will review the financing of each purchasetransaction, including estimated closing costs. The PHA will review the loans for features,such as balloon payments, adjustable rate mortgages, and unusually high interest rates, all ofwhich are prohibited. The PHA also will not approve “seller financing” or “owner-held”mortgages. Beyond these basic criteria, the PHA will rely on the lenders to determine thatthe loan will be affordable to program participants.The mortgage the family applies for must require a minimum down payment of at least 3% ofthe sales price with 1% of the down payment coming from the purchaser’s personal funds.The PHA will not require that the family have any more than the minimum of 1% of theirown money in the transaction. However, in cases where a lender is requiring a largeramount, the family may be held to the underwriting guidelines set by their lending institution.There is no prohibition against using local or State Community Development Block Grant(CDBG) or other subsidized financing in conjunction with the homeownership program.The PHA will approve a family’s request to utilize its Family Self-Sufficiency escrowaccount for down payment and/or closing costs when purchasing a unit under the HCVhomeownership option.© Copyright 2008 Nan McKay & Associates, Inc. Page 15-19Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
15-VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24CFR 982.633]Homeownership assistance may only be paid while the family is residing in the home. If thefamily moves out of the home, the PHA may not continue homeownership assistance after themonth when the family moves out. The family or lender is not required to refund to the PHA thehomeownership assistance for the month when the family moves out.Before commencement of homeownership assistance, the family must execute a statement inwhich the family agrees to comply with all family obligations under the homeownership option.The family must comply with the following obligations: The family must comply with the terms of the mortgage securing debt incurred to purchasethe home, or any refinancing of such debt. The family may not convey or transfer ownership of the home, except for purposes offinancing, refinancing, or pending settlement of the estate of a deceased family member. Useand occupancy of the home are subject to 24 CFR 982.551 (h) and (i). A home equity loan may not be acquired without the prior written consent of SAHA. The family must supply information to the PHA or HUD as specified in 24 CFR 982.551(b).The family must further supply any information required by the PHA or HUD concerningmortgage financing or refinancing, sale or transfer of any interest in the home, orhomeownership expenses. The family must notify the PHA before moving out of the home. The family must notify the PHA if the family defaults on the mortgage used to purchase thehome. The family must, at annual re-certification, document that he or she is current on mortgage,insurance, and utility payments. No family member may have any ownership interest in any other residential property. The family must comply with the obligations of a participant family described in 24 CFR982.551, except for the following provisions which do not apply to assistance under thehomeownership option: 24 CFR 982.551(c), (d), (e), (f), (g) and (j).15-VII.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR 982.634]Except in the case of a family that qualifies as an elderly or disabled family, other familymembers (described below) shall not receive homeownership assistance for more than: Fifteen years, if the initial mortgage incurred to finance purchase of the home has a term of20 years or longer; or Ten years, in all other cases.The maximum term described above applies to any member of the family who:© Copyright 2008 Nan McKay & Associates, Inc. Page 15-20Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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Provide that the purchaser is not obligated to purchase the unit unless the inspection issatisfactory to the purchaser;Provide that the purchaser is not obligated to pay for any necessary repairs; andContain a certification from the seller that the seller has not been debarred, suspended, orsubject to a limited denial of participation under CFR part 24.Disapproval of a SellerIn its administrative discretion, the PHA may deny approval of a seller for the same reasons aPHA may disapprove an owner under the regular HCV program [see 24 CFR 982.306(c)].15-VII.H. FINANCING [24 CFR 982.632]The PHA may establish requirements for financing purchase of a home under thehomeownership option. This may include requirements concerning qualification of lenders,terms of financing, restrictions concerning debt secured by the home, lender qualifications, loanterms, and affordability of the debt. The PHA must establish policies describing theserequirements in the administrative plan.A PHA may not require that families acquire financing from one or more specified lenders,thereby restricting the family’s ability to secure favorable financing terms.PHA PolicyAs a check against predatory lending, the PHA will review the financing of each purchasetransaction, including estimated closing costs. The PHA will review the loans for features,such as balloon payments, adjustable rate mortgages, and unusually high interest rates, all ofwhich are prohibited. The PHA also will not approve “seller financing” or “owner-held”mortgages. Beyond these basic criteria, the PHA will rely on the lenders to determine thatthe loan will be affordable to program participants.The mortgage the family applies for must require a minimum down payment of at least 3% ofthe sales price with 1% of the down payment coming from the purchaser’s personal funds.The PHA will not require that the family have any more than the minimum of 1% of theirown money in the transaction. However, in cases where a lender is requiring a largeramount, the family may be held to the underwriting guidelines set by their lending institution.There is no prohibition against using local or State Community Development Block Grant(CDBG) or other subsidized financing in conjunction with the homeownership program.The PHA will approve a family’s request to utilize its Family Self-Sufficiency escrowaccount for down payment and/or closing costs when purchasing a unit under the HCVhomeownership option.© Copyright 2008 Nan McKay & Associates, Inc. Page 15-19Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.