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SECTION 184 INDIAN HOUSING LOAN GUARANTEE PROGRAM April 2012

SECTION 184 INDIAN HOUSING LOAN GUARANTEE PROGRAM April 2012 U.S. Department of Housing and Urban Development. PROGRAM OVERVIEW. 1992 Housing and Community Development Act Annual funding by Congress Nationwide Program. Guaranteed Loans. LENDING IN INDIAN COUNTRY IS UNIQUE. Land status

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SECTION 184 INDIAN HOUSING LOAN GUARANTEE PROGRAM April 2012

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  1. SECTION 184 INDIAN HOUSING LOAN GUARANTEE PROGRAM April 2012 U.S. Department of Housing and Urban Development

  2. PROGRAM OVERVIEW • 1992 Housing and Community Development Act • Annual funding by Congress • Nationwide Program Section 184 Training, Sponsored by HUD

  3. Guaranteed Loans Section 184 Training, Sponsored by HUD

  4. LENDING IN INDIAN COUNTRY IS UNIQUE • Land status • Tribal Trust Land • Allotted Trust Land • Unrestricted Land • Underserved markets • Non-traditional credit • Limited access/exposure to financing • Manual underwriting Section 184 Training, Sponsored by HUD

  5. LENDING IN INDIAN COUNTRY IS UNIQUE Section 184 Training, Sponsored by HUD

  6. 184 PARTNERS • HUD 184 Program Staff • Lenders • Tribes • TDHEs (Tribally Designated Housing Entities) • BIA (Bureau of Indian Affairs) Section 184 Training, Sponsored by HUD

  7. LENDER INCENTIVES/OPPORTUNITIES • 100% guaranteed loan • Assign or foreclose • Up to 2.5% loan origination fee on construction/rehab loans • Community Reinvestment Act (CRA) Section 184 Training, Sponsored by HUD

  8. PARTNER ROLES AND RESPONSIBILITES Section 184 Training, Sponsored by HUD

  9. WHAT DOES OLG/HUD DO? • Develops and implements policies • Conducts training and marketing • Underwrites the loan • Issues the Loan Guarantee Certificate Section 184 Training, Sponsored by HUD

  10. WHAT DOES THE LENDER DO? • Lends the money! • Explains the 184 mortgage loan process and prepares the loan package • Serves as liaison between borrower and HUD • Underwrites the loan (Direct Guarantee approved) Section 184 Training, Sponsored by HUD

  11. ELIGIBLE LENDERS • Bank, Savings & Loan, Credit Union • Mortgage Companies approved through FHA, VA or RD • FHA approved Brokers with 184 Program Sponsorship • Lenders/Tribe obtain approval through NAHASDA Section 184 Training, Sponsored by HUD

  12. WHAT DOES THE TRIBE DO? • Implements foreclosure, eviction, lien & leasing procedures • Conducts environmental reviews • Completes land status form Section 184 Training, Sponsored by HUD

  13. WHAT DOES THE TRIBE PROVIDE? • Land • Homeownership counseling • Financial Assistance • Infrastructure Section 184 Training, Sponsored by HUD

  14. WHAT DOES BIA DO? • Serves as a trustee for tribal trust land • Approves lease/mortgage • Provides/updates title status reports • Records mortgage/lease • Underwrites/reviews loan package (if allotted/restricted) Section 184 Training, Sponsored by HUD

  15. PROGRAM FEATURES AND REQUIREMENTS Section 184 Training, Sponsored by HUD

  16. Who can apply for a 184 Loan?ELIGIBLE BORROWERS • Indian or Alaska Native individual enrolled in a Federally recognized tribe. Enrollment verification mandatory. • TDHE/IHA (Indian Housing Authority) • Tribe. Tribal federal designation available on Federal Register Section 184 Training, Sponsored by HUD

  17. LOAN FEATURES • Term: 30 years or less • Fixed interest rate determined by lender • 1% guarantee fee • Minimal down payment requirement • No Adjustable Rate Mortgages • No commercial structures Section 184 Training, Sponsored by HUD

  18. HOMEOWNERSHIP OPPORTUNITIES • Purchase a house • Rehabilitation of existing house • Purchase and rehabilitation • New construction • Manufactured • Modular/stick built • Refinancing Section 184 Training, Sponsored by HUD

  19. PROPERTY REQUIREMENTS • Trust land or land within an Indian area • Single family (1-4 units) • Examples include: house, duplex, tri-plex, four-plex, town home, manufactured/modular home • Manufactured Housing • Affixed to a permanent foundation • Manufactured after 6/15/76 Section 184 Training, Sponsored by HUD

  20. LAND OWNERSHIP • Tribal trust land • Allotted individual trust land • Fee simple land in a defined Indian operating area Section 184 Training, Sponsored by HUD

  21. LAND • Land or interest in land held in trust by BIA for a Tribe • Land may not be encumbered or alienated • Leasehold interest established for a 50 year term • No land value Tribal Trust Land Section 184 Training, Sponsored by HUD

  22. LAND • Land or interest in land held in trust by the BIA for an individual Indian • Tribe has no interest in land • Subject to restrictions against alienation or encumbrance • Land value/equity Allotted Individual Trust Land Section 184 Training, Sponsored by HUD

  23. LAND Fee Simple Land • Estate in land that is absolute or unrestricted • Owner can dispose of land • Subsequent sale of home and/or foreclosure; land and home sold together • Located on reservation or within Tribe’s operating area for housing Section 184 Training, Sponsored by HUD

  24. LOAN PROCESS FOR TRUST TRANSACTIONS Section 184 Training, Sponsored by HUD

  25. LOAN PROCESS For TRUST TRANSACTIONS • Land status verified with tribe and/or BIA: • Title Status Report needed to verify individual allotment ownership • Land Status and Jurisdiction Form Section 184 Training, Sponsored by HUD

  26. LOAN PROCESS For TRUST TRANSACTIONS • Documentation required from the Bureau of Indian Affairs • Tribal Trust • Certified TSR (1 years or less) with/without recorded lease • Executed lease Section 184 Training, Sponsored by HUD

  27. LOAN PROCESS For TRUST TRANSACTIONS Underwriting the Title Status Report (Cont.) • Individual Allotted Trust land • Certified TSR (6 months or less) • BIA approval to mortgage • Individual Allotted Trust Land with lease • Title Status Report with recorded lease • NO BIA approval to mortgage Section 184 Training, Sponsored by HUD

  28. SECTION 184 LOAN PROCESSING Section 184 Training, Sponsored by HUD

  29. LOAN ORIGINATION • Borrower contacts approved lender • Lender determines if borrower meets program eligibility • Native American (ID/Enrollment Card) • Tribe on 184 approved list • Indian operating area • Lender requests case number from HUD (funds reservation) Section 184 Training, Sponsored by HUD

  30. Underwriting Components • Credit • Capacity • Collateral The underwriting review determines the borrower’s ability and willingness to repay the mortgage debt. Section 184 Training, Sponsored by HUD

  31. Underwriting Components • The borrower’s ability to repay the debt is assessed by considering: • Income history and stability; • Employment history and stability • Debts • The borrower’s willingness to repay the mortgage debt is assessed by considering • Credit • Pay history Section 184 Training, Sponsored by HUD

  32. INCOME Income - Types: • Salary or Wages • Overtime and Bonus • Commissions • Seasonal and Part Time • Retirement, Alimony, Child Support • Rental • Trust and Non-Taxable • Self Employment • Tribal Distribution Section 184 Training, Sponsored by HUD

  33. What are we looking for?CREDIT HISTORY • Show borrower(s) payment pattern • Show previous/existing debt • Show court order judgments, collections and liens which may affect borrower’s ability to obtain a loan Note: Lack of Credit is not basis for denial Section 184 Training, Sponsored by HUD

  34. CREDIT REVIEW (Cont.) Credit Requirements: • No late payments within 12 months • No late mortgage payments within 12 months • No bankruptcy, judgments in 24months (special circumstances reviewed on case by case basis) • No accounts reverting to collection in 12 months Lack of credit not grounds for rejection; alternative credit accepted; 1 to 3 sources. Section 184 Training, Sponsored by HUD

  35. BORROWER’S INVESTMENT • Cash investment — difference between the mortgage loan and the cost to acquire the property • Range of investment — 1.25% to 2.25% based on maximum mortgage limit Section 184 Training, Sponsored by HUD

  36. FUNDS TO CLOSE • Saving/Checking • Secured funds • Gifts • Cash • Land equity Borrower can obtain the down payment and closing cost funds from any of the following sources: • Sale of personal items • Sale of home proceeds • 401K loan • Sale of Investments Section 184 Training, Sponsored by HUD

  37. TRIBE/TDHE ASSISTANCE • Provide a gift or loan to borrower: • Gift letter • 2nd mortgage letter • Recorded documents with the endorsement package • Tribal funds: • No restriction on use/amounts Section 184 Training, Sponsored by HUD

  38. APPRAISAL • Market Approach Using FHA appraiser/guidelines • Cost Approach Trust land, rural areas • Types of Appraisals • Manufactured • Condominium • Standard 1 – 4 Units Section 184 Training, Sponsored by HUD

  39. THE TRIBE OR TDHE AS BORROWER Section 184 Training, Sponsored by HUD

  40. UNDEVELOPED MARKETS • Limited Housing Supply • Low turnover, vacancy rate • Limited availability of developed lots • Limited sales • Modest homes • Tribal developers • Financing generally grant based • Limited exposure/access to financial markets • Subsidies • Construction (grants, guarantees, interest rate) • Down payment & closing costs Section 184 Training, Sponsored by HUD

  41. TRIBE/TDHE LOANS • When the Tribe or TDHE borrowers for the construction/purchase of rental property, they must demonstrate: • Property management skills • Rental and maintenance plan • Renters able to pay Section 184 Training, Sponsored by HUD

  42. New Construction Section 184 Training, Sponsored by HUD

  43. TRIBE/TDHE LOANS (Cont.) • These properties are eligible for assumption by qualified borrowers: • Tribe/TDHE pays cash investment and loan payments during construction • Qualified Borrowers able to assume • After qualifying assumption, Tribe or TDHE is released from liability Section 184 Training, Sponsored by HUD

  44. TRIBE/TDHE LOANS(Cont.)Financial Capacity • Demonstrated ability to pay mortgage loan: • Credit History (Dunn & Bradstreet) • Sources of funds to close • Income • Liabilities Section 184 Training, Sponsored by HUD

  45. TRIBE/TDHE LOANS (Cont.) • Coverage of debt service • Skills, experience to undertake project • Demonstration of need • Marketing plan • Audited financial statements Section 184 Training, Sponsored by HUD

  46. TRIBE/TDHE LOANS (Cont.) • Evidence of authority to borrow • Evidence of ability to obtain deficiency judgment • Plans for projects exceeding 20 homes must be built in phases Section 184 Training, Sponsored by HUD

  47. 184 SINGLE CLOSE CONSTRUCTION LOANS Section 184 Training, Sponsored by HUD

  48. CONSTRUCTION LOAN OPTIONS • 2 options available to borrowers: • Lender or Bank carries interim construction loan • 184 loan used to payoff construction loan; not closed or guaranteed until after house is complete • 184 single close construction loan Section 184 Training, Sponsored by HUD

  49. SINGLE CLOSE CONSTRUCTION LOAN • One time Single Close • Construction starts within 60 days after closing • Mortgage payments begin after closing • 6 month construction period • Guarantee issued after closing Section 184 Training, Sponsored by HUD

  50. SINGLE CLOSE REHAB LOANS • Acquisition or existing debt + improvements can’t exceed program LTV requirements • $10,000 + of improvements required for eligibility • Appraisal requirements or borrower’s wish list allowable. • Luxury items and items not a permanent part of the property are not eligible Section 184 Training, Sponsored by HUD

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