2010 CalHome Program Managing your Contract

1. 2010 CalHome Program Managing your Contract California Department of Housing and Community Development Chris Westlake – Deputy Director Nicole Carr – Assistant Deputy Director

2. Program Staff CalHomeProgramManager Raymond Victor 916.327.8255 rvictor@hcd.ca.gov ProgramRepresentatives Rikki Bradley 916.445.8335rbradley@hcd.ca.gov Imperial, Kern, Los Angeles, San Bernardino, San Luis Obispo, Ventura Rick Gadberry 916.327.3647 rgadberry@hcd.ca.gov Butte, Glenn, Humboldt, Lake, Mendocino, Mono, Nevada, Orange, Shasta, Riverside, San Diego, Sonoma, Trinity, Tulare, Tuolumne Dana Kleiman 916.327.3594 dkleiman@hcd.ca.gov Alameda, Contra Costa, Madera, Merced, Monterey, Napa, Placer, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Solano, Sutter, Yolo, Yuba Gary Pettigrew 916.327.3586 gpettigrew@hcd.ca.gov Project Development Loans and Mortgage Assistance Loans within named Projects

3. Standard Agreement Standard Agreement

4. Standard Agreement (STD 213) First Page: • Standard Agreement Number • Standard Agreement Amount • Recipient Authorized Signature • Important Dates Term of the Agreement Effective date stamped in bottom right corner NO FUNDS MAY BE OBLIGATED BEFORE THE HCD DATE STAMP

5. Standard Agreement (STD 213) continued Exhibit A: • Contract Deadline - October 19, 2013 • 100% expenditure deadline AND • Termination of Grant Agreement • Special Conditions or Restrictions • Federally-qualified census tract(s) • Redevelopment area(s)

6. Standard Agreement (STD 213) continued Exhibit B: • One Time Submissions • Program Guidelines to include each activity • Loan Servicing Plan • Reuse Account Plan • Homebuyer Education Plan • Mortgage Assistance Program only • Loan Document Templates for each activity • Should be only for CalHome funds • Executed Monitoring Agreement All items must be submitted, reviewed and approved PRIOR to release of funds

7. Program Guidelines Program Guidelines The Local Look of Your CalHome Program

8. Program Guidelines Blueprint of Your Program Operation: • Designed to meet your local needs • Developed by you • comprehensive • clearly written • Must comply with CalHome Regulations

9. Program Guidelines continued Includes: • Types of housing allowed • SFR, 2-4 units, Condo, Manufactured housing • Interest rate on loans • Consistent throughout program • Maximums for: • CalHome subsidy amounts per loan • CLTV • Sales price/value • Data source for setting maximum sales price/value

10. Program Guidelines continued • Underwriting policies • Methodology for determining eligibility • Methodology for determining income • Benchmarks for credit worthiness • Allowable terms of senior and junior liens • Subordination of the CalHome loan to a new senior lien • Restrictions - avoid jeopardizing CalHome lien • CLTV • Rate and term • Methodology for handling • Defaults • Foreclosures • Short sales

11. Program Guidelines continued • CalHome Core Requirements • Low to very low income per HCD chart • Owner-occupancy • Not assumable • Limited permissible transfers • Interest rate up to 3% or shared net equity • Deferred payments for term of the loan

12. Program Guidelines continued • Activity Specific requirements – Mortgage Assistance • Gap financing • First-time Homebuyer • Home Buyer Education • 30 year term (except with USDA 502) • Purchase with rehabilitation

13. Program Guidelines continued • Activity Specific requirements – Rehabilitation • Development of scope of work and costs for: • Correction of Health or Safety issues • Correction of Code violations • Compliance with a local ordinance • Processes for bidding by licensed contractors • Management of construction progress • Agreement between Borrower and Recipient • Agreement between Borrower and Contractor • Dispute resolution

14. Loan Servicing Loan Servicing

15. Loan Servicing Requirements • You are responsible for loan servicing for the term of the loan • May be done by Recipient or contracted to a third party • If a third party provides this service you must submit a copy of the contract

16. Loan Servicing continued Loan Servicing Plan Elements: • Procedure for verifying: • Owner-occupancy • Current status of insurance • Property taxes are current and paid • Methodology to: • Track loan repayments • Calculate pay-offs and process demands • Reconvey Deeds of Trust

17. Loan Servicing continued Additional concerns: • Identify eligible transfers • Describe accelerating events • Set out processes for Collections and Defaults • Foreclosure of CalHome loan • Foreclosure of a senior lien • Short-sale • Define refinancing requirements • Rate and term only

18. Reuse Account Plan Reuse Account Plan

19. Reuse Account Plan Requirements • Must be a designated account • Separate from active grant account • Can contain funds from more than one CalHome grant • No co-mingling of funds • Describe tracking system • Describe funds contained in it • Repayments of Principal and Interest • Allowable excess from OOR projects • Interest earned on Active Account • Interest earned on Reuse Account

20. Reuse Account Plan continued • Describe eligible use of account funds • May be used for any CalHome eligible activity • Mortgage Assistance • Mortgage Assistance with rehabilitation • Owner-Occupied Rehabilitation • May be used for ADF reimbursement • Restricted to loans made entirely from the Reuse Account • Must be for actual costs, reasonable and normal for the area • Includes $350 for Homebuyer Education • May be used for loan servicing • Up to 5% of funds deposited

21. Homebuyer Education Homebuyer Education

22. Homebuyer Education Requirements • For Mortgage Assistance activities only • You are responsible for the contents and delivery of the Homebuyer education • May be done by Recipient or contracted to a third party • If a third party provides this service you must submit a copy of the contract or MOU

23. Homebuyer Education Plan continued Homebuyer Education Plan Elements: • Establish the amount of reimbursement per CalHome loan closed ($350 maximum) • Identify who is to provide training • Recipient • Third Party • Must be in business of providing homebuyer education • Lenders, Realtors, and on-line are usually not acceptable • Identify who must receive training • All borrowers must complete a 5-8 hour live course • Each borrower must receive a certificate

24. Homebuyer Education Plan continued • Set out the required curriculum: • Preparing for homeownership/shopping for a home • Available financing, credit analysis and making an offer • Loan closing • Homeownership responsibilities • home maintenance • Avoiding foreclosure • Loan payments and servicing

25. Disbursement Procedures Disbursement Procedures

26. Disbursement of Funds • After all predisbursement requirements have been met • What amount may be requested? • Promissory Note amount • Activity Delivery Fee Reimbursement (cost recovery) • Normal and Customary for market • Reasonable and justifiable • Actual • Combined amounts may not exceed $60,000 cap

27. Disbursement of Funds continued • Draw Request on appropriate form • Must be signed by Authorized Signatory • Request for funds as Reimbursement • Submit Borrower Summary and ADF Reimbursement forms • Attach all documentation identified on Borrower Summary • Request for funds as an Advance • Up to 25% of the award amount each time • 2/3 of the advanced funds must be documented before next request will be processed • To document usage: • Submit Borrower Summary and ADF Reimbursement forms • Attach all documentation identified on Borrower Summary

28. Income Qualifying Income Qualifying

29. Income Qualifying Requirements Two factors to consider: • Household size • Count all persons living in the property regardless of age • Exceptions: • Foster children • Unborn children • Children subject to shared custody if less than 50% of time • Non-related live-in caretakers if paid by outside agency

30. Income Qualifying continued • Gross Income of all adult household members • Income inclusions and exclusions per 25 CCR, Section 6914 • Appendix A in CalHome Operations Handbook • Exclude income from non-related live-in caretaker if paid outside • Verified by use of: • Source documents • Third Party verifications • Credit Report • EDD verifications of UI or DI benefits

31. Income Qualifying continued • Project 12 months into the future • Complete the CalHome Gross Income Worksheet • “Forms” tab in CalHome Operations Handbook • Guides you through treatment of assets • Asset liquidation not required • Show but do not include amounts to be used for transaction • Asset value if being retained is market value - NOT cash value • Income from assets only if asset value is $5,000 or more • Compare to State Income Limits for County • 80% or less (low or very low income) • Adjusted for household size

32. Underwriting Requirements Underwriting Requirements

33. Underwriting Requirements For each CalHome Program Loan: • Have a loan application signed and dated by Borrower • Recipient’s own form • To be analyzed and confirmed by Underwriter (sign and date) • Determine eligibility: • Property • Requirements for an appraisal • Sales price or value limits • If Mortgage Assistance only, must be ready for occupancy • First time homebuyer or confirm presently on title

34. Underwriting continued • Determine eligibility (continued): • Income • Amount of gross income • Income for household does not exceed income limits • Risk level • Credit worthiness • Debt Ratios • Compensating factors • CLTV does not exceed 100% plus 5% for closing costs

35. Underwriting continued • Confirm • Subsidy amount plus ADF does not exceed CalHome cap • CalHome loan term is consistent within program: • 30 years for Mortgage Assistance (either stick built or manufactured home on non-permanent foundation) • Up to -30 years for Owner-Occupied Rehabilitation • 10-30 years for manufactured home on a non-permanent foundation • 20 years for a forgivable loan on a manufactured home on a non-permanent foundation • 33-38 years if behind USDA-RHS 502 loan • If CalHome is only subsidy, Borrower may sell at fair market value at any time regardless of restrictions

36. Underwriting continued • Confirm continued: • Terms of senior liens meet CalHome Requirements • No ARMs or negative amortization loans • No temporary buydowns • No balloon payments or deferred interest • Maturity date must be same as CalHome loan • Terms of subordinate liens meet CalHome Requirements • Fees reasonable and consistent with those charged for first liens • No balloon payment before the maturity date of the CalHome loan • Must defer principal and interest for the term of the CalHome loan

37. Loan Closing Procedures Loan Closing Procedures

38. Loan Closing Procedures Pre-Closing • Update income if data is older than 6 months • Review for compatibility with CalHome requirements: • First mortgage lender’s instructions to Escrow • First mortgage lender’s exceptions and exclusions to title • First mortgage lender’s loan documents • Provide Instructions to Escrow • No cash out • Recording sequence – CalHome first subsidy • Exceptions and endorsements to title policy • Insurance requirements – Recipient is Loss Payee • Request for recording information/document numbers

39. Loan Closing Procedures continued • Provide documents to Escrow • CalHome Deed of Trust • Request for Notice of Default • Request for Notice of Completion • Disclosure forms required by law

40. Loan Closing Procedures continued Post-Closing • Review for Completeness and Compliance: • Signed and certified loan documents and disclosures • Certified FINAL Settlement Statement • Evidence of Insurance with Recipient as additional Loss Payee • Confirm Title policy has: • Correct borrower • Correct address • Liens in appropriate position and amounts • Exceptions as allowed • Requested endorsements attached • Confirm all required documents have been recorded

41. Performance Reporting Performance Reporting

42. Performance Reporting Two Reports – “a snapshot in time” • Quarterly reports for active grants • March 30th • June 30th • September 30th • December 31st • Annual Reports July 1st through June 30th • During Active grant phase • Covers only the one grant • Also reports the amounts in the Reuse Account • Reuse Account Annual Report after first Active grant has closed • Covers more than one grant Reports are due 30 days after end of reporting period

43. Performance Reporting continued Reports include: • Narrative summary • Operational successes • Operational difficulties • Number and type of units assisted • Financial summary • Includes funds in Reuse Account as a separate line item • Reuse Annual Account should reconcile to other reports • Signature and title of Authorized Signatory • Signature date

44. Recipient Monitoring Recipient Monitoring

45. Monitoring Purposes for Monitoring • To ensure compliance with CalHome Regulations • To provide technical assistance • To suggest best practices Major Methods of Monitoring • Desk Reviews • Borrower Summaries and attached documentation • Quarterly and Annual Reports • Correspondence and phone calls • Site visits during active grant phase • Site visits during remainder of 20-year Agreement

46. Monitoring continued Monitoring Highlights • During the term of the Standard Agreement and three years beyond: • Program Activity is monitored and subject to audit • Individual Borrower files • All financial records associated with the CalHome Program • All other records as provided for in the Standard Agreement • All other program operations • During the term of the Monitoring Agreement • 20 years term from date of stamp on Standard Agreement • Loan Servicing • Reuse Account

47. Questions or Comments? Questions or Comments?

48. Thank you!