UBC Restricted Faculty Second Mortgage Loan Program Description of Key Terms

Transcription

1 UBC Restricted Faculty Secnd Mrtgage Lan Prgram Descriptin f Key Terms Updated February 4, 2014 The Restricted Resale Capped Appreciatin Prgram is ne f tw ptins in UBC s Hme Ownership Prgram intended t assist full-time tenured and tenure-track faculty at UBC's Vancuver campus with the purchase f a new hme n the campus. The Prgram was develped t supprt the lng term develpment f a thriving, diverse and sustainable cmmunity n UBC's Vancuver campus. Husing chice and affrdability and their effect n UBC's academic missin have been identified as high pririties fr faculty. The Prgram is designed t recruit and retain the highest caliber f faculty needed t ensure UBC's cntinued research and training excellence. The Prgram is referred t as a Secnd Mrtgage Lan prgram because UBC Prperties Trust will advance apprved faculty a lan (the Lan ) t help in the purchase f a new hme frm a designated market unit pl n campus. The Lan will be secured by the prperty and will be subrdinate t the First Mrtgage prvided by a financial institutin (the First Mrtgage ). It is repayable after 30 years r earlier if there is a change t yur eligibility that triggers early repayment. It is interest-free during thse years, and the repayment amunt is based n a participating interest f the future resale r appraised value f the hme at time f repayment. When units purchased under the prgram are resld, they may be resld t anyne withut restrictin. The annual interest savings (assumed at CRA rate) t the faculty purchaser will be a taxable benefit payable annually, and any prtin f lss at resale absrbed by UBC Prperties Trust under the terms f the prgram, will be deemed taxable benefit payable in the year the lan is repaid. This prgram is described mre specifically belw. Purchase Details Eligible faculty members (each a Designated Owner ) will be apprved by the University f British Clumbia (UBC) wh will then prvide the apprved Designated Owner s name and infrmatin t UBC Prperties Trust (UBCPT), which will be the Secnd Mrtgage Lender. Initially, there will be ne First Mrtgage lender (financial institutin) (the First Lender ) fr this prgram. The First Mrtgage must be a cnventinal mrtgage. The Purchaser (Designated Owner & spuse, if applicable) will need t qualify fr the First Mrtgage lan amunt thrugh the First Lender t be eligible fr this prgram. UBCPT will be the lender f the Secnd Mrtgage Lan. The Secnd Mrtgage will secure a Lan, the principal balance f which will be an amunt equal t up t 33% f the purchase price (exclusive f GST, Prperty Transfer Tax and all ther clsing csts) f the hme, up t a maximum f $330,000. 1

2 There is n maximum hme purchase price. Hwever, hmes ver $1,000,000 wuld receive a maximum Secnd Mrtgage Lan f $330,000. Therefre, when the purchase price f a hme exceeds $1,000,000 the Secnd Mrtgage Lan amunt wuld be less than 33% f the purchase price. Interest n the Secnd Mrtgage Lan will be participating in nature (as described belw). This may result in the emplyee paying nminal r even zer, annual interest. If the emplyee pays zer interest annually, there will be a taxable benefit equal t the prescribed rate f interest as set ut in the Regulatins t the Incme Tax Act (Canada). Currently the prescribed rate is 2%. The prescribed rate can change n a quarterly basis. Hwever, the prescribed rate at the time a Lan is entered int will apply t the Lan fr a perid f five years (althugh a Designated Owner will be given the benefit f a lwer rate, if the prescribed rate decreases). At the end f five years, the prescribed rate will be reset t the then applicable prescribed rate. In additin, in the event that UBCPT is nt fully repaid the amunts utstanding under the Secnd Mrtgage Lan when due (in the event f a market lss) there will be a further taxable benefit equal t the prtin f the Secnd Mrtgage Lan that has nt been fully recvered by UBCPT. The incme tax payable n the taxable benefits will be the respnsibility f the Designated Owner. The hme must be the principal residence f the Designated Owner. The hme must be the nly dwelling unit wned by the Designated Owner in Metr Vancuver. After being apprved fr this prgram, hmes must be purchased frm ne f the fllwing prjects lcated at Wesbrk Place, UBC: Sail by Adera; Academy by Plygn Hmes; Binning Twer by Wall Financial; and Lt 32 by Adera (cming sn). This is the current list f eligible prperties and thers may be added in the future. A Designated Owner s minimum dwn payment required by the First Lender will likely be at least 5% f the sum f the purchase price plus applicable GST. This will be cnfirmed by the First Lender. Purchasing Designated Owners will be respnsible fr all clsing csts including, but nt limited t, Prperty Transfer Tax, legal/lender/admin fees, applicable taxes, title insurance, etc. Designated Owners will nt be entitled t refinance their hme unless: the refinancing is fr the purpse f repaying the Secnd Mrtgage Lan (including any appreciatin interest payment as described belw) in full; r the purchaser is refinancing r renewing their First Mrtgage where the mrtgage amunt is less than r equal t the then utstanding First Mrtgage balance. 2

3 See attachment fr sample purchase & repayment scenaris. Maintenance & Repairs Purchasers must maintain the prperty in gd repair and cnditin at all times, and all csts will be brne by the Designated Owner. This includes all perating csts including, but nt limited t, insurance, prperty taxes (r equivalent), utilities, strata fees, special assessments, maintenance & repair, etc. Repayment f the Secnd Mrtgage Lan The Secnd Mrtgage Lan must be repaid upn: the sale f the hme; demand f repayment f the Secnd Mrtgage Lan (which may ccur n the cnditins utlined belw); r when the Purchaser chses t repay the Secnd Mrtgage Lan. There are n restrictins n t whm the hme must be sld hwever it must be sld fr fair market value. If there is n third party sale (fr example, if the Purchaser chses t repay the Secnd Mrtgage), then the fair market value will be determined by a third party appraiser, as further described the lan dcumentatin. When the purchaser wishes t sell, the price and cnditins f sale must be apprved by UBCPT prir t marketing f the hme. Upn clsing, the sale prceeds will be distributed t each party as fllws: first, t repay any utstanding amunts due t the First Mrtgage Lender; secnd, UBCPT will receive 33% (r a lwer percentage in the case where the initial purchase price is greater than $1,000,000) f the sale price. This amunt will represent repayment f the principal wing under the Lan (as that amunt may be adjusted under the terms f the Lan), plus participating interest, if applicable; third, t pay custmary clsing csts including, but nt limited t, lan fees, appraisal fees, real estate cmmissins, legal fees, taxes and administratin fees, etc.; and furth, the wners will receive the remainder, but nly after having first fully satisfied all charges r liens against the prperty, including all mrtgages. In the event hwever that the remainder is nt sufficient t repay the amunts nted abve, the wners will be respnsible t fund any shrtfall using their ther persnal assets withut affecting, in any manner, UBCPT s prceeds. UBCPT, at its cst, can btain an appraisal at any time. UBCPT and/r UBC has an ptin t purchase the hme prir t the unit being marketed fr sale based n the price and cnditins f sale submitted t UBCPT. As described abve, upn sale f the hme, repayment f the Secnd Mrtgage Lan will be due. The then utstanding principal balance f the Lan will be fully repayable. Additinally, 3

4 UBCPT may, in sme scenaris, be entitled t a participatin interest payment. In ther scenaris a prtin f the principal amunt f the Lan may be uncllectible. In particular, the Lan prvides that in additin t the principal balance f a Lan, UBCPT will, in ttal, be entitled t an amunt equal t 33% (r a lwer percentage in the case f an riginal purchase price greater than $1,000,000) f the sale price. In the case where the unit has increased in value frm the time f riginal purchase, the amunt due t UBCPT will be greater than the initial Secnd Mrtgage Lan principal balance. In the case where the unit has decreased in value frm the time f riginal purchase, the amunt cllectible by UBCPT will be less than the initial Secnd Mrtgage Lan principal. Purchasers will be respnsible fr all clsing csts and mrtgage penalties, if applicable. Purchasers can chse t repay the Secnd Mrtgage Lan in full at any time. The Secnd Mrtgage Lan must be repaid in full, subject t a variatin frmula. The variatin frmula will be based n 33% (r a lwer percentage in the case f an riginal purchase price greater than $1,000,000) f the increase in market value f the hme during the time f wnership. In the case where the unit has increased in value frm the time f riginal purchase, the ttal amunt due t UBCPT may be greater than the initial Secnd Mrtgage Lan amunt. In that case the amunt due will be the full amunt f the principal initially advanced, less any repayments, plus 33% f the amunt by which the hme has increased in value frm the time f riginal purchase t the time f repayment. In the case where the unit has decreased in value frm the time f riginal purchase, the amunt cllectible by UBCPT will be less than the initial Secnd Mrtgage Lan amunt. In that case, an amunt equal t 33% f the decline in value will be subtracted frm the principal amunt f the Lan. See attachment fr sample purchase & repayment scenaris. Demand f Repayment f the Secnd Mrtgage Lan The Secnd Mrtgage Lan becmes due and payable within 180 days f demand upn the earlier f: 1. After the Lan has been utstanding fr 30 years; OR 2. The ccurrence f ne f the fllwing plicy driven repayment triggering events (summarized in the Reprt f the Faculty Husing Actin Plan Plicy Develpment Cmmittee): The Designated Owner is n lnger emplyed by UBC; The Designated Owner is n lnger a tenured r tenure track emplyee at UBC r if retired faculty lse their emeritus/emerita status; Upn full retirement where the Designated Owner has been a full time emplyee f UBC fr less than 15 years; Upn full retirement where the Designated Owner has been a full time emplyee f UBC fr mre than 15 years but has nt met prfessr emeritus/emeriti requirements; Upn the settlement/agreement in the case f divrce/separatin where the Designated Owner is nt able t keep the hme as their principal residence; 4

5 Purchasing anther dwelling unit in Metr Vancuver; If the hme is being rented (utside f a UBC apprved leave) and/r nt being used as the Designated Owners principal residence; r Upn the death f the Designated Owner, in which case the Secnd Mrtgage Lan becmes due and payable within ne year f demand. The Designated Owner will be required t assign a prtin f their wages t UBCPT in the event that they fail t repay the amunt due under the Secnd Mrtgage Lan. UBCPT will have all ther remedies available t a creditr t recver the ttal funds wing. Reprting Purchasers in this prgram must annually: declare that they cmply with the prgram plicies; and cnfirm that the prperty is adequately insured and that all strata fees, prperty taxes and utility and service levies are paid and up t date. Other The tax payable n any taxable benefits will be the respnsibility f the Designated Owner. Where required UBC (the Designated Owner s emplyer) will adjust the Purchaser s T4 accrdingly fr any taxable benefits and UBC and UBCPT will take all infrmatinal, reprting, withhlding and remitting steps required by the Tax Act r Canada Revenue Agency plicy. The Designated Owner can temprarily rent their hme, but nly fr and during the duratin f a UBC pre-apprved leave. Purchasers in the prgram will allw: the First Mrtgage Lender t share infrmatin with UBCPT regarding the First Mrtgage; and UBC t share infrmatin with UBCPT in the case f any terminatin f emplyment, retirement r ther circumstance that will require repayment f the Secnd Mrtgage Lan. This dcument is t be read in cnjunctin with the UBC Prperties Trust (UBCPT) Restricted Faculty Secnd Mrtgage Lan Prgram Sample Purchase & Repayment Scenaris. 5