CITY OF HUNTSVILLE, ALABAMA. DOWNPAYMENT ASSISTANCE PROGRAM - DAP Program Description & Guidelines

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1 CITY OF HUNTSVILLE, ALABAMA DOWNPAYMENT ASSISTANCE PROGRAM - DAP Program Description & Guidelines Contact information: Community Development, 120 E. Holmes Ave, Huntsville, Ala , , fax website:

2 Background The City of Huntsville has created the DOWNPAYMENT ASSISTANCE Program. The Program provides financial assistance for low-income households to become homeowners. Administration of the DAP Program and the functions and responsibilities of Community Development Department staff shall be in compliance with the U.S. Department of Housing and Urban Development (HUD) HOME regulations as well as all Federal, State and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The city shall not deny any family or individual the equal opportunity to apply for or receive assistance under the DAP Program on the basis of race, color, gender, religion, creed, national origin, age, familial or marital status, handicap or disability, sexual orientation or reliance on public assistance. Purpose of the Program Guidelines The purpose of the guidelines is to establish requirements for carrying out the DAP Program in a manner consistent with HUD requirements at 24 CFR Part 92 and local goals and objectives contained in the Consolidated and Annual Action Plans. The city is responsible for complying with all changes in HUD regulations pertaining to the HOME program. If such changes conflict with these Guidelines, HUD regulations will have precedence. I. Marketing and Outreach A. The DAP Program will be administered by the Community Development Department of the City of Huntsville, Alabama located at 120 E. Holmes Avenue, Huntsville, Alabama. B. Funding will be given out on a first come first serve basis. II. Borrower Eligibility A. Must be a U.S. Citizen or have legal immigration status. 80% limit B. HOME Loans may be made to a Borrower whose gross (income before any deductions) household income does not exceed eighty percent (80%) of the area median income for the Huntsville city area as determined from time to time by the U.S. Department of Housing and Urban Development. Below are the limits as of March, ,300 41,500 46,650 51,850 56,000 60,150 64,300 68,450

3 Prior to approval of the assistance, income eligibility will be determined by Community Development using IRS definition of income call Part 5 Household income. This refers to the annual projected income as of the date of the application, from all sources and before taxes and withholding, of all adults that will live in the housing unit. Gross income includes, but is not limited to salary, commissions, bonuses, earnings from parttime employment, interest, dividends, tips, gains on sale of securities, annuities, pension, royalties, veterans administration compensation, net rental income from all sources, alimony, child support, public assistance, sick pay, social security benefits, income from business activity or investments, unemployment, estate or trust income and miscellaneous income. C. The Borrower must be a first-time homebuyer. For the purposes of the DAP Program, a first time homebuyer is defined as an individual or his or her spouse who has not owned or held an interest in their principal residence in the three years prior to the execution of the HOME Loan. The term first-time buyer includes an individual who is a displaced homemaker or single parent and who, even if while a homemaker or married, owned a home with his or her spouse or resided in a home owned by the spouse. A displace homemaker means an individual who: (1) is an adult; (2) has not worked fulltime full-year in the labor forces for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and (3) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. A single parent is defined to mean an individual who: (1) is unmarried or legally separated from a spouse; and (2) has one or more minor children for whom the individual has custody or joint custody, or is pregnant. D. The city expects the Borrower to contribute something toward the purchase. Therefore for the DAP Program, the Borrower must contribute at least $ of his/her/their own funds toward the purchase of the home, to be applied to entry costs (inspections, appraisal fees, application fees, earnest money, prepaid expenses, etc.). E. The Borrower must complete a qualified homebuyer training homeownership training course. A copy of the participation certificate should be submitted with the application for assistance, but must be provided prior to final approval of assistance. F. The Borrower must meet the requirements of a participating lending institution and qualify for a first mortgage. G. The Borrower must fulfill the DAP Program obligations in a timely manner and must remain eligible to participate based on the program requirements and those of the lender through the time of the loan closing. H. The Borrower must not have a previous loan through that ended in foreclosure or any other loan that ended in foreclosure within the previous five years.

4 I. The Borrower must meet the requirements as specified elsewhere in these guidelines. III. Eligible Properties A. Existing or newly constructed properties located in the City of Huntsville, Alabama. B. An appraisal or other professional valuation is required before the city will provide HOME Program assistance. The appraised value (not the purchase price) of the property cannot exceed $160,000. C. Properties must be single-family housing, which includes a detached single family unit, a town home unit, or a condominium unit. D. Ownership in fee simple title, a 99-year leasehold interest (CLT), ownership in a state recognized cooperative or mutual housing unit or an equivalent form of ownership approved by HUD. E. The property must be the Borrowers principle place of residence. F. Properties to be purchased must be free of all health and safety hazards in accordance with the HUD required guidelines outlined in the Article V, Minimum Housing Standards Code of Ordinances of the City of Huntsville, which are available by request. This includes the required provisions at 24 CFR 35, regarding property built prior to 1978 be free of all lead paint hazards prior to assistance. G. Properties specifically ineligible include: any located in a 100-year flood plain, manufactured housing without the lot, currently occupied rental property, and recreational or seasonal property. IV. HOME Loan A. The minimum principal amount of a DAP Loan is $1,000. The maximum principal amount is based on the need of the individual household. However, in no instance can it exceed the greater of $5,000. B. The HOME Loan will typically be a five-year, zero percent interest, deferred mortgage. C. The HOME Loan will be forgiven at a rate of 20% per annum beginning one year from the date of the original mortgage. D. The HOME Loan must be repaid at the point of sale, transfer, prepayment, refinance, or failure to maintain owner occupancy of the property. E. To the greatest extent possible, the HOME Loan is to take second position behind the first mortgage. C. The HOME Loan may be used to pay the upfront costs of acquiring a principal residence, but not the entire cost of the acquisition, and the reasonable and necessary costs incurred by the Borrower, locality

5 or lender associated with the purchase. These costs may include: private lender origination fees, credit reports, fees for title evidence, fees for the recordation and filing of legal documents, attorney fees and private appraisal fees. D. The proceeds of a HOME Loan shall be disbursed at the loan closing. The loan closing is the legal process that transfers the property title to the Borrower, transfers loan funds and makes the property the legally enforceable collateral for the lender. All of the proceeds of the HOME Loan must be disbursed to persons or entities other than the Borrower. V. Lenders The Borrowers have their choice of any of the lender. VI. Underwriting A. The HOME Program is depending upon the first mortgage lenders to apply prudent Borrower and property underwriting standards to support the objective of successful homeownership. B. The first mortgage lenders, having the best view to make a decision about the best mortgage product (FHA, VA or Conventional), will decide what first mortgage product will be used by the Borrower. C. The first mortgage must be a 30 year loan that amortizes over the loan period with a fixed interest rate. D. Ideally to support successful homeownership, a homebuyer s front end ratio/monthly housing payments of principal, interest, taxes and insurance (PITI) should be a minimum of 29 percent and not exceed 33 percent of the household s gross income. PITI amounts over or under these guidelines will need to be reviewed and approved by the city. The ratio range will be strictly applied if the first mortgage is a term greater than thirty years. VII. Application Processing A. It is the responsibility of each applicant to assure that Community Development receives his/her/their application at 120 E. Holmes Avenue. Only applications with original signatures will be accepted by the city. B. At the time of application, applicants must provide the city with the following information: x Documentation of total Gross Annual income from all sources (i.e. employment, social security income, child support, asset income, etc.) with pay stubs, other alternative verifications, and assets verification with bank statements as documentation

6 x Certification of Employment and Employer(s) name (Company Name), address(es) and phone number(s) Copy of: 1. Property Appraisal Report, 2. Current credit report, 3. Originators loan application, 4. Uniform Underwriting Transmittal Summary Sheet. 5. Current Deed and sellers information 6. Lenders loan application Additional forms will be completed during the housing counseling session(s) and submitted to Community Development by the housing counseling agency. VIII. Denial of Eligibility The city will review and verify all income information, bank information, property and applications for eligibility within all of the guidelines. Those applications not meeting the eligibility requirements will be sent a written notice explaining the reason(s) for denial of participation. Appeals regarding interpretation of eligibility requirements may be made in writing to the Director of Community Development. Appeals that clearly do not meet eligibility requirements will not be considered. IX. Subordination of the HOME loan The city will not subordinate the HOME Loan, upon refinance of the primary mortgage. X. Targeted Funding At various times, Hennepin County may need to target HOME Program funding for purchases to serve different income levels and/or specific HOME funded developments. Applicants meeting the target would receive preference over other applicants. Currently, there are no targeted groups. XI. Modification and Termination of Program The city may modify or terminate the HOME Program as it deems appropriate or as required by HUD. Once the city has provided financial assistance and the mortgage has been executed, financial assistance shall not be rescinded except as provided for in the executed the HOME Promissory Note, Mortgage and Declaration of Covenants.