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HomeMy WebLinkAboutReso 107-07 First Time Homebuyer Program RESOLUTION NO. 107 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************************ FIRST AMENDMENT TO THE FIRST TIME HOME BUYER LOAN PROGRAM WHEREAS, the City Council included the establishment of a First Time Homebuyer Program as a high priority in the 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, the adopted Program contained a provision that the interest rate be based on the prior year's average of the City's pooled investments; and WHEREAS, Staff prepared a report to the City Council recommending that the interest rate be set at 3.5 percent under the Program to be more competitive with the surrounding jurisdictions and to reduce Staff time in implementing the Program; and WHEREAS, the interest rate change to 3.5 percent has been incorporated in the Program attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amended First Time Homebuyer Program attached as Exhibit A. PASSED, APPROVED AND ADOPTED this 19th day of June 2007 by the following vote: AYES: Councilmembers Hildenbrand, Sbranti, Scholz and Mayor Lockhart NOES: None ABSENT: Councilmember Oravetz ABSTAIN: None ATTES~~d Cler~ / A/rc~ I H G:CC-MTGS/6-19-07/Reso 107 Amend 1st Time Homebuyer Pgm (Item 8.2) K:\Agenda Statements\2007\CC\CC Reso 6.19.07 FTHLP 1st Amend:doc CITY OF DUBLIN FIRST TIME HOMEBUYER LOAN PROGRAM Goal of Pro!!ram: The goal of the First Time Homebuyer Loan P~ogram is to provide assistance to households striving to enter the home buying market in the City of Dublin by offering financial assistance and education. Definitions "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 concurrently with their publication by HCD. "Application Completion Letter" shall mean that letter sent by the City to the applicant ensuring that the applicant's application was complete and the applicant meets the eligibility requirements. "Below-Market Rate Loan" shall mean a loan of up to fifteen percent (15%) of the sales price capped at the monthly median home price as published by Bay East Association of Realtors "City" shall mean the City of Dublin, California. "Conditional Loan Approval" shall mean that the applicant's loan was complete, the applicant meets eligibility requirements, and the applicant may proceed to locate a home and begin the rest of the Loan process. "County" shall mean the County of Alameda, California. "Eligible Household" shall mean a household that meets the eligibility criteria set forth in these policies and procedures. "First Time Homebuyer" shall mean a purchaser who has not owned a home, condominium or mobile home, whether as sole owner, tenant-in-common, joint tenant or other form of ownership within the past three (3) years. The City may consider displaced homemakers or other hardship cases. "Gross Household Income" shall mean all income from all sources from all adult household members derived as provided in the Internal Revenue Code (26 USC Section 61), whether or not 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; C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page - 1 - of7 4. Gains derived from dealings in property; 5. Interest; 6. Rents; 7. Royalties; 8. 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 ofthe family assets or two percent (2%) of the value of such assets, whichever is greater. "HUD" shall mean the United States Department of Housing and Urban Development. "Market Rate Loan" shall mean a loan of up to ten percent (10%) of the sales price capped at the monthly median home price as published by Bay East Association of Realtors "New" 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 homeowner to purchase a home, including the Below-Market Rate Loan and the Market Rate Loan. "Program" shall mean the City of Dublin First Time Homebuyer Loan Program, including Market Rate and Below-Market Rate Loans for first time homebuyers. "Public Service Employee" shall mean an employee of any public agency situated within the City. Loan Terms: Market Rate Loan. When the property is sold, the City receives not only its original loan but also the greater of: (1) three and one half percent (3.5%) 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 $450,000 and the loan is $45,000, the percentage would be 10%). The home does not remain an affordable housing unit with a maximum affordable sales price Below-Market Rate Loan. When the property is sold, the City has right of first refusal and the property may not be sold beyond a maximum affordable sales price. The City also C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page - 2 - of7 receives interest at three and one half percent (3.5%). The City does not receive a percentage of the increased equity. 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. If refinancing of the primary mortgage occurs, Staff will determine if this refinancing will require Loan repayment. The Loan may pair up with the following primary loan products: a fixed mortgage of 30 years or longer, some types 5 year fixed and then adjustable rate mortgage (5/1 ARM), some products that offer interest only for a specified time period and then revert to a fixed mortgage of 30 years or longer, or any CalHFA product. However, others may be considered on a case-by-case basis. The specifics of the primary loan products will be reviewed on a case-by-case basis to determine if the loan is deemed secure enough to pair up with the City's "silent second." The Loan may also work with layered financing as long as the other loans do not reduce the security of the City's funds. Examples are down payment loans along with primary loans provided by CalHF A. The maximum Loan amount for which an Eligible Household may qualify does not include the amount the City will front for servicing fees or the cost of any additional due diligence for which the City was required to obtain (i.e. title reports, termite inspection, credit report and appraisal). Such expenses will be added to the debt secured with the Loan. The Loan shall contain no co-signatories, and only the purchaser's/s name/s may be on the deed. Qualifying Criteria: A household is eligible for a Loan if it meets the following criteria: 1. First Time Homebuyer: Meets the definitions of First Time Homebuyer described above. 2. Income: The total Gross Household Income must be no more than 120% of the area median for a Below-Market Rate Loan, and no more than or 140% of the area median for Market Rate Loans. The area median is based upon the numbers established annually by HCD, and is adjusted for household size. 3. Assets: The household may have no more than two hundred and fifty thousand dollars ($250,000) of total assets, excluding pensions and federally approved pre-tax savings accounts. 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 Residency: Applicants and all household members must be United States Citizens or have the legal right to reside in the United States. C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page - 3 - of7 6. Down Payment: Applicants must be able to provide three percent (3%) of the sales price of the home as a down payment. 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 confirming 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 Works in the City Public Service Employee Senior (62 years +) Permanently Disabled Immediate relative of a City resident Demolition or condominium conversion 3 points 3 points 1 point 1 point 1 point 1 point 1 point Application Submittal Requirements: Application - Review for Comvletion A completed application packet would contain the following: 1. Identification: Drivers license, birth certificate, or other form of legal photographic identification for all adult household members; 2. Mortgage Materials: Pre-approval letter with description of loan type and completed mortgage application. 3. Account Statements: Three (3) most recent months of statements for all accounts, including checking, savings, or other investment accounts owned in part or full by all adult household members. 4. Employment Income Verification: Verification must specify the amount and type of pay (i.e. wages, overtime wages, commissions, 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 . C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page-4-of7 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. applicable. Verification of Divorce or Separation Status: Signed and filed court document, if 8. Authorization to Obtain Credit Reports: Each adult household member shall authorize the City to obtain his or her credit report. Avvlication Processinfl 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. 1. Identification: Staff will confirm the identity of each applicant. 2. Mortgage Materials: Staff will confirm 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 income exceeds 120% or 140% of the area median income. 5. Other Income Verification: Staff will analyze most current documentation to establish whether income exceeds 120% or 140% of the area median income. 6. Tax Returns: Staff will analyze tax returns to determine the assets and income of the applicants, as well as their first time homebuyer status. 7. Verification of Divorce or Separation Status: Staff will review these 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. Staffwill determine that debt-to-income ratio does not exceed 50%. When Staff determines that all the information has been provided, that the application is complete, and the applicant. is qualified; Staff shall send a letter to applicant. Receipt of this C:\Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page - 5 - of7 "application completion letter" ensures that the applicant is conditionally approved and may proceed to locate a home and begin the rest of the Loan process. Staff will then forward an applicant information packet to the Loan Committee. Loan Committee Review After the applicant has received the application completion letter he/she is considered conditionally approved. The applicant's information packets will be delivered to a three (3) person loan approval committee as determined by the City Manager or designee from time to time. Within 5 business days, the members of the loan committee will review the application and, upon a two-thirds vote, confirm or deny the eligibility for a Loan. Locatinfl a Home After the applicant has been determined to be qualified and is conditionally approved, the applicant must then locate a home, 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. The applicant must also provide a check for 1 % of the home price to the City of Dublin. This check will be held until loan closing. If the loan closes Staff will send the check to the escrow company for use as part of the 3% required down payment. If the loan does not close and the City of Dublin has incurred expenses in securing documents needed to qualify the loan (title report, appraisal, termite report, etc.) then the cost of documents secured will be deducted from the 1 % provided. The difference from the amount spent, at cost, and the amount provided by the applicant will be returned to the applicant. Due Diligence on Selected Home 1. Once the applicant has located a home, if it is an existing, previously owned home, the City of Dublin Staff will secure a title report on the property to establish the ownership on the property as well as any clouds or conditions on the title to the property that may merit consideration. 2. 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. If any work is determined to be necessary the seller must comply before the City will enter into a loan with an applicant for the property. This step is unnecessary on a new home. 3. The Staff will secure an appraisal of the home to assure that the asking price is reasonable. This step is unnecessary on a below-market rate Inclusionary home. 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. C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-0 7. DOC Page - 6 - of7 Disbursement of Loan 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 documents, and the executed documents will be delivered to the Escrow Company for closing and recording. Education The applicant must take a HUD or Fannie Mae certified First Time Homebuyer class within six (6) months prior to loan closing. Staff will be able to provide locations to applicants where this requirement may be met. Material Chan!!es and 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. C: \Documents and Settings\kaykILocal Settings\Temporary Internet Files\OLKC3\Dublin FTH Program With Interest Rate Amendment 6- 19-07.DOC Page - 7 - of7