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HomeMy WebLinkAboutReso 23-11 First Time Homebyr ProgRESOLUTION NO. 23 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************************ SECOND AMENDMENT TO THE CITY OF DUBLIN FIRST TIME HOMEBUYER LOAN PROGRAM WHEREAS, the City Council included the establishment of a First Time ':Homebuyer Loan Program as a high priority in its 2005-2006 goals and objectives; and WHEREAS, on March 21, 2006, the City Council approved a First Time ;Homebuyer Loan Program (the Program); and ~ WHEREAS, material changes to the Program can be made by the City Council as stated in the Material Changes and Interpretations section of the Program; and ' WHEREAS, on June 19, 2007, the City Council approved a First Amendment to the Program, setting a fixed interest rate at 3.5 percent to be more competitive with the surrounding jurisdictions and to reduce Staff time in implementing the Program; and ' WHEREAS, due to economic changes and changes in the financial and banking markets that have turned from relaxed credit standards to stringent credit standards, it is necessary to revise the Program to be consistent with those standards to insure that the Program is practical and utilized; and WHEREAS, changes have been proposed to the Program to include a different applicant deposit requirement, maximum loan amounts for Market Rate Loans and Below-Market Rate Loans, Area Median Income (AMI) limits, and other requirements as further described therein and detailed in the proposed Program, attached hereto as Exhibit A; and ; WHEREAS, the City Council has reviewed the proposed Program, incfuding the changes described in the Staff Report, and determined that they are warranted. ' ~ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to the First Time Homebuyer Loan Program attached as Exhibit A and authorizes the City Manager or designee to make non-material changes to and interpretations of the same. PASSED, APPROVED AND ADOPTED this 1St day of March, 2011 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ', ABSENT: None ; ABSTAIN: None ~ ~~~~,, ~ V ~'^~- Mayor I ATTE : ~! ~0" V City Clerk Reso No. 23-11, Adopted 3-1-11, Item 8.1 Page 1 of 1 ~ . ~ ~~~ CITY OF DUBLIN FIRST' TIME HOMEBU~'ER LOAN PROG1tAlVi GUIY)ELINES Goal of Program: The goal of the First Time Homebuyer Loan Program ("Program") is to provide assistance to households striving to enter the home buying market in the City of Dublin by offering financial assistance and edtication. I)efinitions "Area Median Income" shall mean the Median Income adjusted by actual household size as published annually by State Department of Housing and Community Development ("HCD") for the County of Alameda, which Median Income levels shall be adjusted concurrent]y with their publication by HCD. ~ "Below-Market Rate Loan" shall mean a real estate' loan secured by a housing unit that has a resale deed restriction. The maximum loan amount is up to fifteen percent (15%) of the sales price not to exceed $40,000. "City" shall mean the City of Dublin, California. "Conditional Approval Letter" shall mean a letter sent by the City to .the applicant stating that the applicant's application includes a ratified purchase contract and is otherwise complete, that Staff and the Loan Committee have determined the applicant is eligible for the Program, and that funds are reserved for sixty (60) days from the date of the letter. "County" shall mean the County of Alameda, California. "Eligible Household" shall mean a household that meets the eligibility criteria set forth in these Guidelines. "First Time Homebuyer" shall mean a purchaser who has not previously owned a home, condominium or mobile home, whether as sole owner, tenant-in-common, joint tenant or in other form of ownership within the past three (3) years. The City, at its discretion, may consider displaced persons or other hardship cases to be withiri this definition: "Gross Household Income" shall mean all income, from whatever source derived, of all adult household members (18 years of age and older), whether or not such income is exempt from Federal Income Tax. Such income includes, but is not limited to, the following: 1. Wages and salaries including overtime pay; 2. Compensation for services, including fees, commissions, tips and bonuses; 3. Net income derived from business; - 1 - EXHIBIT A TO ATTACHMENT Z ~~ i~ 4. Gains derived from dealings in.property; 5. Interest; 6. Rents; 7. Royalties; S. Dividends; 9. Alimony; 10. Child Support; 11. Annuities; ~ 12. Income from life insurance and endowment contracts; 13. Pensions; 14. Income from discharge of indebtedness; 15. Partnership distributions; 16. Life insurance survivor benefits; 17. Income from an interest in an estate or trust; 18. Public benefits including but not limited to TANF, SSI, disability income;.and/or 19. When a family has net family assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the family assets or two percent (2%) of the value of such assets, whichever is greater. "I~I1D" shall mean the United States Department of Housing and Urban Development. "Market Rate Loan" shall mean a real estate loan for a housing unit that does not have a resale deed restriction. The maximum loan amount is up to ten percent (10%) of the sales price, not to exceed $40,000. "New Home" shall mean a home not previously occupied, "Loan" shall mean a loan or any other form of financial assistance provided by the City to assist a First Time Homebuyer to purchase a home, including a Below-Market Rate _I.oan and a Market Rate Loan. • "Pre-Approval Letter" shall mean a letter sent by the City to the applicant stating that the applicant has met the First Time Homebuyer Loan Program guidelines. The letter shall not be binding because approval shall be subject to other conditions such as identification, of the property that will be used as collateral. "Program" shall mean the City of Dublin First Time Homebuyer Loan Program, including Market Rate and Below-Maxket Rate Loans for First Time Homebuyers. "Publie Service Employee" shall mean an employee of any public agency that is situated within the City. ' - "Simple Interest Rate" shall mean the simple interest accrued on the outstanding principal balance of the Loan, to be set annually by the City within the range used by the Califomia Housing Finance Agency (CaIHFA} or its successor. The Simple Interest Rate will have an interest rate floor of one percent (1%) and an interest rate ceiling of five percent (5%). -2- 6 ~o ~ Loan Terms: Market Rate Loan. When the property is sold, the City will receive not only the amount of its original Loan amount but also the greater of: (1) simple interest accrued or (2) equity based. on the proportion 'of the City's Loan compared to the total cost of the home (for example, if the cost of the home is $375,000 and the Loan amount is $37,500, the percentage would be ten percent (10%). Below-Market Rate Loan. When the property.is sold, the City will have a right of first refusal to purchase the property, and the property may not be sold at a price beyond a defined maximum affordable sales price. The City will also receive the original loan aznourit ~ and the simple interest accrued. The City will not receive a percentage of the increased equity. With respect to both Market Rate and Below Market Rate units, the Loan is considered a "deferred", loan because no payments are due until the owners sell the home or a default occurs. Defaults include, but are not limited to, the following: failure to occupy the property as one's primary residence; refinancing above the value of the Loan balance; violations of senior deeds of trust; or impermissible transfer. , ~ The Loan may be coupled with a private fixed mortgage of up to 30 years or any Ca1HFA products. The specifics of the primary loan products will be reviewed on a case-by-case basis to determine if the overall financing provides the City with adequate security to support a City Loan, and meets City criteria. Layered financing may also be acceptable, provided that the other loans do not reduce the security of the City's funds. Examples of such layered financing are down payment loans along with primary loans provided by CaIHFA. . The Loan shall contain no co-signatories, and only the purchaser'sis namels may be on the Deed. Qualifying Criteria: A household is eligible for a Loan if it meets the following criteria: l. First Time Homebuver: 1Vleets the definitions of First Time Homebuyer described in the Definitions section of the Program Guidelines. 2. Income: The total Gross Household Income must be no more than 120% of the Area Median Income for a Below-Market Rate Loan or Market Rate Loan paired with a conventional mortgage loan. The total Gross Household Income must b.e no more than 115% of the Area Median Income far a Below-Market Rate Loan or a Market Rate loan paired with a mortgage loan that is insured by the Federal Housing Administration (FHA Loan). The Axea Median Income is based upon the numbers established annually by the California Department of Housing and C.ommunity Development ("HCD"), and is adjusted for household size. G 3. Assets: The household may have no more than two himdred and fifty thousand dollars ($250,000) of total assets, excluding pensions and federally approved pre-tax savings accounts. -3- ~~ r~ 4. Owner Occupancy: Applicants must certify that they will occupy the property as their full-time residence at least ten (10) months each year, and that they will not rent or lease the property. . 5. US Citizenship/Legal Residencv: Applicants and all household members must be a citizen or other national of the United States or a qualified alien as defined by the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA") 5. Down Payment: Applicants must be able to provide and_ deposit three and one-half percent (3.5%) of the sales price of the home into escrow. 7. Waiting Period for Borrowers with Past Delinguencies and Defaults: Applicants with deeds-in-lieu of foreclosure, as well as judicial and non judicial forms of foreclosure, shall have a seven-year waiting period to regain eligibility for the Program. Preferences: The Program contains preferences for certain individuals (described below). The preferences are determined when the application is processed for completeness.. If the applicant has preference points, the applicant moves ahead of other applications that have yet to receive a letter from Staff confirnung a complete application. A household receives preference for a Loan if one of_ its members meets any of the following criteria: - Lives in the City 3 points Works in the City 3 points Public Service Employee 1 point Senior (62 years +) 1 point Permanently Disabled 1 point Immediate relative of a City resident 1 point Demolition or condominium conversion 1 point Purchase of.a.Foreclosed Home 1 point , ... . ,. , . . Application Submittal Requirements: Application - Review or Completion A completed application packet must contain the following: 1. Identification: Drivers license, birth certificate, or other form of legal photograpluc identification for all adult household members; 2. Mortga~e Materials: Pre-approval letter with description of loan type and completed mortgage application. -4- ~~lo 3. Account Statements: Three (3) most recent months of statennents for all accounts, including checking; savings, or other investment accounts owned . in part or full by all adult household mernbers. 4. Emplovment Income Verification: Verification must specify the amount and type of pay (i.e. wages, overtime wages, commissions, and bonuses), frequency of pay, and year-to- date earnings, including check stubs or earning statements showing employee's gross pay per pay period and frequency of pay. Due to the unpredictable nature of overtime, commission, and bonus income, if necessary, these forms of income may be estimated using prior year income history. ~ 5. Other Income Verification: For sole proprietors, gross business receipts and three (3) most recent business. tax returns, including all schedules and attachments; social security, pensions, public assistance or disability; alimony or child support. 6. Tax Returns: Three (3) most recent income tax returns for all adult household „ members including all attachments and schedules. 7. Verification of Divorce or Se~aration Status: Signed and filed court document, if applicable. 8. Authorization .to Obtain Credit Reports: Each adult household member shall authorize the City to obtain his or her credit report. A~plzcation ProcessinQ At this time the applicant may request either the issuance of a Conditional Approval Letter if the applicant submits a ratified purchase contract or a Pre-Approval Letter without the submission of a ratified purchase contact. Once an application packet is received by the Staff, ~ the qualifications of the applicant will be evaluated. Staff will determine income, credit score, total debt, and preferential status by reviewing the application material. Identification: Staff will conftrm the identity af each applicant. ,_.__ 2. Mort~age Materials: Staff will confirin that applicant has been pre-approved for a type of primary loan accepted under the Program. 3. Account Statements: Staff will analyze accounts to determine that the household does not have more than $250,000 in assets, excluding pensions and federally approved pre-tax savings accounts. . 4. Employment Income Verification: Staff will analyze most current documentation to establish whether Gross Household Iricome exceeds the Program's ~ Area Median Income limits. ~ -5- ~ ~~ ~ 5. Other Income Verification: Staff will analyze most curreiit documentation to establish whether Gross Household Income exceeds the Program's Area Median Income limits. 6. Tax Returns: Staff will analyze tax returns to determine the assets and income of the applicants, as well as their first time hotnebuyer status. 7. Verification of Divorce or Separation Status: Staff will review applicable court documents as necessary to determine how applicant will take legal ownership of the home. 8. Authorization to Obtain Credit Reports: Staff will , obtain credit reports to determine that FICA credit score is not below 620. Staff will determine that debt-to-income ratio does not exceed forty-five percent (45%). The FICA credit score and debt-to-income ratio may change from time to time. The City endeavors to maintain credit score and debt-to income ratio consistent with those used by the California Housing Finance Agency (CaIHFA) or its successor. When Staff determines that all the information that has been provided for a Conditional Approval Letter is complete, and the applicant is qualified; Staff shall forward the application package to the Loan Committee for review. Should the Loan Committee confirm the applicant eligible for the Loan, a Conditional Approval, Letter wil] be sent to the applicant. .Should the applicant instead qualify far a Pre-Approval Letter, Staff will issue the letter. Loan Committee Revi After Staff determines the applicant is qualif ed for the Loan, the applicant's information packets will be delivered to the Loan Committee (a three (3) person loan approval committee as determined by the City Manager or designee from time to time). Within five (5} business days, the members of the Loan Committee will review the application and upon a two-thirds vote confirm, contingent on specific information or criteria, or. deny the eligibility for a Loan. After the applicant is Conditionally Approved by the Loan Cornmittee, the applicant must deposit three and one-half percent (3.5%) of sales price of the home into escrow. Completing the Loan Process 1. After the applicant receives a Pre-Approval Letter, the applicant can locate a hame, place a real estate bid, have the bid accepted by seller, enter into. a purchase agreement, and provide the purchase agreement to Staff for review. 2. Staff will secure .a lender's title report on the property to establish the ownership on the property as well as any clouds on or conditions to the title. to the property that may merit consideration. 3. The Staff will secure a termite report from the applicant or termite firm to determine that the structure is sound and will work with the Building Division to determine if any of the recommended work must be completed prior to sale to ensure a sound structure and to ~ safeguard the City's interest in the property. In any case, if termite infestation is found in the report, the seller must comply with the recommendations. If any work is determined. -6- ~ ~~ ~,'~ to be necessary the seller must complete the work before the City will enter into a Loan with. an applicant for the property. This step is unnecessary for a New Home. 4. The Staff will secure an appraisal of the home to assure that the asking price is within the Program Guidelines. All of the above due diligence documents may be obtained from the primary lender or the City may need to enter into contracts for the various 'services with private service providers. Should the City incur fees for services such as an appraisal, termite report, etc., the cost of the services will be paid by the applicant before.services are performed. Disbursement ofLoan Funds to Escrow Company Once the City receives approval from the Loan Committee, the applicant has located a home, and all due diligence on the property is complete, a claim will be made for a check or wire for the total amount to be loaned. The claim will be held until the home enters escrow,.at which time the claim will be ~ delivered to the Finance Division for issuance. The Loan funds will be delivered, or wired to the escrow company along with closing instructions. . Loan Documents Staff will draw up a complete set of loan documents once the home enters escrow. Once all due diligence is complete, the buyer will be called into the office to execute the Loan and real estate docurnents, and the executed documents will be delivered to the escrow company for closing and recording. Education - The applicant must take a I~UD or Fannie Mae certified First Time Homebuyer class within six (6) months prior to Loan closing. Staff will provide applicants with locations of such classes. . 1Vlatea-ial Changes ancl Interpretations Material changes and interpretations to the Program may be made only by Council. Non- material changes and interpretations of the Program may be made by the City Manager or his or her designee. 1591962. ] -7-