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                                Sold on Frederick II

    Second Mortgages for First Time Homebuyers

Program Requirements      

 

The City of Frederick has Community Development Block Grant (CDBG) funds available for second mortgage loans of up to $15,000 for eligible first time homebuyers for purchase of owner occupied dwellings within the City of Frederick.

 

Maximum loan amount is $15,000

 

Total Household Income Limits

 

 Income of all household members may not exceed the moderate-income level as published annually by HUD for community planning and development programs for the Washington DC Metropolitan Area as adjusted for household size. The 2007 limits are:

 

                                    1

Family Size

Income Limit

One- Person

$52,900

Two- Person

$60,900

Three- Person

$68,000

Four- Person

$75,600

Five-Person

$81,600

Six-Person

$87,700

Seven-Person

$93,700

Eight-Person

$99,800

     Effective 9/12/07

                       

 

The Census Long Form method of income calculation must be used. The participating lender will verify the income of borrowers and submit a certification of income verification with the Request for Reservation of Funds.

 

Loan terms

 

The Sold on Frederick II mortgage will be subordinate to a first mortgage

 

Monthly payment will not be required.

 

The full amount borrowed will be due and payable to the City of Frederick upon the sale or transfer of the property or should the owners no longer occupy the property as their primary residence.

 

The amount borrowed will be secured by a repayment agreement / promissory note and deed of trust to be recorded in the land records.

 

Eligibility requirements for borrowers

 

Must be 18 years or older.

 

Must have a total household income that does not exceed limits above.

 

Must be a first time homebuyer as defined by the Cranston-Gonzales National Affordable Housing Act of 1990. The code specifies:

 

“ The term first-time homebuyer means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II of this chapter except that – (A) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by a spouse; (B) any individual who is a single parent may not  be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by a spouse; and (C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is (i) not  on a permanent foundation in accordance with local or other applicable regulations, or (ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.”

 

Must qualify for a first mortgage, i.e. must meet the participating lender’s income, credit and other underwriting criteria

 

Must receive at least 6 hours of homeownership counseling prior to settlement.

 

Properties to be acquired

 

Must be within the City of Frederick Maryland

 

Must be a one unit dwelling (single family detached, townhouse or condominium)

 

Must be either:

1.      Owner-occupied with no tenants or boarders for 90 days prior to contact of sale

or 

2    Newly constructed and never occupied

or

3        Have been occupied by borrower (s) as tenant for at least 90 days

 or

4        If rental, must have been vacant at least 90 days prior to contract of sale.

 

Must be in good and habitable condition. An appraisal of the property is required.

 

Lead- based Paint Hazard requirements

 

Any property constructed prior to January 1, 1978 is subject to HUD Regulations in 24 CFR Part 35, Subpart K: Requirements for Notifications, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, Final Rule September 15, 1999, effective September 15, 2000.

 

The homebuyer must be provided with an educational pamphlet describing lead-based paint hazards and with a description of the lead hazard reduction measures that were undertaken.

 

A qualified risk assessor must complete a visual assessment of the property. If lead paint hazards including any deteriorated painted surfaces are found they must be addressed via paint stabilization before settlement. Only qualified workers using safe work practices, including occupant protection, can perform paint stabilization. After completion of the work the home must pass a clearance test before occupancy by the buyer.

 

 

Procedures for Reservation of Funds & Closing

 

Buyers must apply through a participating lender.

 

A bank, credit union, or mortgage company doing business within Frederick City can register as a participating lender.

 

The participating lenders will verify the borrowers income and determine eligibility as to income and other program requirements and submit verification with the Request for Reservation of Funds

.

Upon receipt of a complete Request for Reservation of Funds and all attachments the Director of Community Development will reserve funds for a maximum of 90 days. Reservations will be made on a first come basis. One 30-day extension may be granted in the sole discretion of the City.

  

At least ten business days prior to closing the lender will submit to the Department of Community Development a Request for Funds and Notice of Settlement Agent. The Department will send the settlement agent a Sold on Frederick deed of trust in time for a simultaneous settlement with the first mortgage.

 

Prior to settlement the participating lender must submit the following to the Department of Community Development.

 

            General Notice Letter signed by both the borrowers and sellers

 

            Seller’s certification of property eligibility

 

            Evidence of Homeownership Counseling for buyers

 

Hazard Insurance binder naming the City of Frederick as an additional insured loss payee

 

Title Insurance commitment to ensure the City’s deed of trust in a second lien position behind only the first purchase money deed of trust or mortgage

 

 A copy of the appraisal of the property

 

Seller’s certification of Lead Based Paint notice and clearance

(Applies to property constructed before January 1, 1978)

 

Upon receipt of all documents the Department of Community Development will release the check for the Sold on Frederick second mortgage funds to the designated settlement agent with a letter that the sold on Frederick II deed of trust be recorded immediately after the first purchase money deed of trust or mortgage  

 

Following settlement the participating lender or settlement agent will provide settlement documents to the City. The lender will also submit demographic information on each borrower on a form provided by the City.