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7.A. - Page 93 of 101 <br />If the property fails to appreciate by an amount sufficient to repay both the homeowner's <br />investment and the HOME subsidy, the amount to be recaptured is proportionately reduced. ff <br />the net proceeds are less than or equal to zero, the arnount to be recaptured til I be zero and no <br />additional assistance will be provided to the homeowner- The hon*owner is encouraged to <br />maintain the property in a manner that will sustain the original fair market value - <br />Effective July 24, 2013, subject to prior approval, the HOME requirements on a property subject <br />to recapture may be assumed by an in come -eligible homebuyer for the remainder of the period <br />of affordability. The subsequent homebuyer must agree to provide complete income <br />documentation to be qualified as eligible and agree to assume the original mortgage terms, <br />including occupying the property as their principal residence for the remainder of the HOME <br />period of affordability - <br />In the event of foreclosure, transfer in lieu of foreclosure or assignment of an FHA insured <br />mortgage to HUD, and there are insufficient net proceeds to repay the HOME investment — the <br />affordability period is terminated and the property is no longer subject to HOME program <br />restrictions. <br />RESA'_E ^F PROP =RTY <br />The Resale Option is used when only development subsidies such as site acquisition, <br />rehabilitation, or construction financing are provided to the developer and no direct subsidy is <br />provided to the homebuyer- The Resale Option ensures that the home remains affordable over <br />the entire period of affordability, even in the event of subsequent sales. Under this option the <br />minimum period of affordability is based on the entire amount of HOME funds invested in the <br />property and the affordability is secured with a recorded covenant or deed restriction- The <br />developer (or City, tf lien holder) may use purchase options, rights of first refusal or other <br />preeruptive rights to purchase the property before foreclosure to preserve affordability - <br />Resale restrictions must be imposed at the time that the HOME -assisted purchase takes place, <br />and secured through deed restrictions, covenants running with the land, or other similar <br />mechanisms. <br />Unless the City has established a presumption of affordability for the property's neighborhood in <br />accordance with the specialized procedures per the HOME Final Rule at 24 CFR <br />92-254(aX5)(i X% the horneovmer is required to sell the property to an eligible low-income buyer <br />at an affordable price - <br />The sale m ust meet three criteria: <br />1) The new buyer must be bMncome and occupy the home as their principal residence for the <br />remainder of the original affordability period. <br />2) The Eligible Sales Price is a sales price that results in a housing cost that is affordable to a <br />reasonable range of low-income homebuyers with Principal, Interest, Taxes, Insurance <br />(PITT) not to exceed 30%of gross income- This amount may be adjusted to account for the <br />Annual Action Plan <br />2021 <br />OMB Control No: 2506-0117 (exp. 06/30/2018) <br />79 <br />500 <br />