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Agenda 04/10/2012 Item #16D 34/10/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve an updated State Housing Initiatives Partnership Program (SHIP) Subordination Policy for minor administrative changes. OBJECTIVE: To update the SHIP Subordination Policy to accurately reference the responsible department, remove inapplicable conditions from the policy, and change the documentation required to process a subordination request. CONSIDERATIONS: On April 27, 2010, agenda item 16D11, the Board of County Commissioners approved the most recent SHIP Local Housing Assistance Plan ( "LHAP "), including the Subordination Policy which is attached as Exhibit I. The recommended updates which are summarized below will ensure that the policy is accurate, effective, and consistent with industry standards. 1. Remove the heading FY2010 /2011; FY2011/2012; FY2012/2013. This specific reference is irrelevant since the subordination policy is tied to all SHIP program years. 2. Update the responsible department name from "Housing and Human Services" to the current department name "Housing, Human and Veteran Services." 3. Remove the condition that "there are, and will be, no other liens against the property ". This condition is irrelevant to the subordination request and outside the control of Collier County. In fact, by the very nature of this being a subordination policy, by definition, there is clearly a higher order lien (usually mortgage) on the property. 4. Modify a required document from "signed final" to "preliminary HUD -1 Settlement Statement." A signed final settlement statement is not available until the closing has occurred and, therefore, is unavailable when approving a subordination request. "The LHAP was a joint effort with the City of Naples. On March 21, 2012, the City Council adopted a Resolution in support of County staff s proposed revisions to the Subordination Policy. The City Resolution was not available at the time of County agenda publication. Accordingly, the City Clerk's recap of the item showing approval is attached." FISCAL IMPACT: The recording costs associated with the subordination agreement will be borne by the recipient. Therefore there is no fiscal impact associated with this item. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JB W GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with this item. RECOMMENDATION: To approve the minor administrative changes to the SHIP Subordination Policy. Prepared By: Lisa Carr, Housing Outreach Coordinator, Housing, Human and Veteran Services Packet Page -1149- 4/10/2012 Item 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. Item Summary: Recommendation to approve an updated State Housing Initiatives Partnership Program (SHIP) Subordination Policy for minor administrative changes. Meeting Date: 4/10/2012 Prepared By Name: CarrLisa Title: SHIP Program Coordinator 3/1/2012 1:41:17 PM Submitted by Title: SHIP Program Coordinator Name: CarrLisa' 3/1/2012 1:41:18 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 3/14/2012 2:12:31 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 3/19/2012 10:19:15 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/21/2012 11:43:31 AM Name: RamseyMarla Title: Administrator, Public Services Date: 3/22/2012 11:13:37 AM Name: WhiteJennifer Packet Page -1150- 4/10/2012 Item 16.D.3. Title: Assistant County Attorney,County Attorney Date: 3/23/2012 2:17:21 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/27/2012 9:33:37 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 3/29/2012 3:10:25 PM Name: KlatzkowJeff Title: County Attorney Date: 3/30/2012 9:03:55 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/30/2012 2:16:02 PM Packet Page -1151- EXHIBIT I Housing and Human Services Department State Housing Initiatives Partnership Program SUBORDINATION POLICY 4/10/2012 Item 16.D.3. Collier County State Housing Initiatives Partnership Program (SHIP) assistance is provided in the form of a zero - percent, fifteen year deferred payment loan. Payment in full is due upon sale if sold within the fifteen year term. If sold after the fifteen year term, no repayment is required. As long as the recipient continues to own the assisted property during the term of the mortgage, then the loan will not have to be repaid. Requests for subordination must be approved in advance and in writing by the Housing Human and Veteran Services Department ( "Department "). We may consider subordinating our loan if the following factors are present: 1. The proposed transaction is a rate and term refinance (less than $500.00 to borrower at closing). Cash -out transactions will be not considered for subordination; and 2. The new interest rate is a least one percent less than the current interest rate; and 3. The new principal and interest payment is lower than the current payment; and 4. The proposed transaction only includes the current first mortgage payoff and reasonable closing costs; and 5. Closing costs are reasonable as determined by the Department; and 6. The proposed transaction does not include a prepayment penalty. In order to determine if a recipient may qualify for subordination the Department will require the following documents: 1. Signed and executed Good Faith Estimate and Truth in Lending statement; and 2. Signed and executed mortgage application; and 3. Subordination Request Analysis form (attached). Following initial review, the Department will advise in writing if we will consider subordinating the deferred payment loan. However, the following documents will be required prior to releasing the subordination agreement: 1. Preliminary final HUD -1 Settlement Statement; and 2. Copy of title commitment; and 3. Name, phone number and email address of closing agent. If approved, the Department will prepare the Subordination Agreement. If we are unable to approve the request, a payoff letter will be issued. Packet Page -1152- 4/10/2012 Item 16.D.3. Collier County Housing and Human Services Department State Housing Initiatives Partnership Program Recipient(s) name: Recipient(s) address: Transaction is a ❑ loan modification ❑ rate and term refinance* ❑ Other (Specify) *Cash out transactions will not be considered Current First Mortgage Information Lender: Principal Balance: Interest Rate: Term: Monthly Payment: New First Mortgage Information Lender: Principal Balance: Interest Rate: Term: Monthly Payment: OFFICE USE ONLY ❑ APPROVED — PREPARE SUBORDINATION ❑ DENIED — PREPARE PAYOFF Kimberley Grant, Interim Director Date Packet Page -1153- EXHIBIT I 4/10/2012 Item 16.D.3. Collier County Housing and Human Services Department State Housing Initiatives Partnership Program SUBORDINATION POLICY Collier County State Housing Initiatives Partnership Program (SHIP) assistance is provided in the form of a zero - percent, fifteen year deferred payment loan. Payment in full is due upon sale if sold within the fifteen year term. If sold after the fifteen year term, no repayment is required. As long as the recipient continues to own the assisted property during the term of the mortgage, then the loan will not have to be repaid. Requests for subordination must be approved in advance and in writing by the Housing awl Human Services Department ( "Department'). We may consider subordinating our loan if the following factors are present: 1. The proposed transaction is a rate and term refinance (less than $500.00 to borrower at closing). Cash -out transactions will be not considered for subordination; and 2. The new interest rate is a least one percent less than the current interest rate; and 3. The new principal and interest payment is lower than the current payment; and 4. The proposed transaction only includes the current first mortgage payoff and reasonable closing costs; and 5. Closing costs are reasonable as determined by the Department; and 4- There afe. aiid will be, ne ether- liefts against the sUbjee4 przepel4y; aiid A- The proposed transaction does not include a prepayment penalty. In order to determine if a recipient may qualify for subordination the Department will require the following documents: 1. Signed and executed Good Faith Estimate and Truth in Lending statement; and 2. Signed and executed mortgage application; and 3. Subordination Request Analysis form (attached). Following initial review, the Department will advise in writing if we will consider subordinating the deferred payment loan. However, the following documents will be required prior to releasing the subordination agreement: 1. S HUD -1 Settlement Statement; and 2. Copy of title commitment; and 3. Name, phone number and email address of closing agent. If approved, the Department will prepare the Subordination Agreement. If we are unable to approve the request, a payoff letter will be issued. Packet Page -1154- Collier County Housing and Human Services Department State Housing Initiatives Partnership Program kk-'201 '2n � 1; Fv^rn 1 1 -2012. Pv2n i 1 701 3 Wk-'2014'2011; =c*x c � .. o z z � z-rao .c r7 .., cnrz� - ^r-v-z�zz+r_+ SUBORDINATION REQUEST ANALYSIS Recipient(s) name: Recipient(s) address: 4/10/2012 Item 16.D.3. Transaction is a ❑ loan modification ❑ rate and term refinance* ❑ Other (Specify) *Cash out transactions will not be considered Current First Mortgage Information Lender: Principal Balance: Interest Rate: Term: Monthly Payment: New First Mortgage Information Lender: Principal Balance: Interest Rate: Term: Monthly Payment: OFFICE USE ONLY ❑ APPROVED — PREPARE SUBORDINATION ❑ DENIED — PREPARE PAYOFF Plank Ramsay, 14ousiitg� -Maaage Date Packet Page -1155- 4/10/2012 Item 16.D.3. Regular Meeting of Wednesday, March 21, 2012 Page 3 This document is promulgated solely for the purpose of(providing a brief reference to City Council action, it is not to be construed as minutes of the Ci4, Council meeting or in any way the official record of said meeting. .......... . . .. . ........ . ............. . .......... . . . ..... Resolution 7-f. Approve amending the Collier County and Planning City of Naples State Housing Initiatives Amendment to the Collier County Partnership (SHIP) Local Housing Subordination Policy Assistance Plan (LHAP), specifically Exhibit 'I", the Collier County Discussion Oni Resolution — Quasi-Judicial Planning Conditional Use Petition 12-CUI Petitioner: Goodwill Industries of Southwest Florida, Inc. Agent: Gulfcoast Consulting Group Planning Advisory Board Recommendation to Approve 12-13076 AS AMENDED to delete Section 2- 1 and renumbering the remainder of Section 2 / Saad /Barnett 6-0 (Price absent) 9. Consider a Resolution determining Conditional Use Petition 12-CU1, pursuant to Section 58-503, to allow the retail sale of secondhand merchandise in the Highway Commercial Zoning District, located at 1795 Ninth Street North, subject to conditions Packet Page -1156- Subordination Policy to ensure that the Policy is accurate, effective and consistent 12-13075 Approved with Consent Agenda with industry standards Resolution 7-g. Approve a corrected Preliminary and Final Streets and Stormwater (Record) Plat for RSI Naples (Petition 12- Corrected Record Plat SD1), a Replat of Lots 1 through 5 inclusive, 11 through 32 inclusive, the north 4 feet of Lot 6, and the vacated north-south and east-west alleys, Block 17, Tier 10, Seaboard Replat as recorded in Plat Book 1, Page 59, to replat 5 existing parcels (27 lots more or less) into one parcel (approximately 2.305 acres) located north of Fourth Avenue South, south of Third Avenue South, east of U S 41 and west of Tenth Street South, owned by RSII Properties, Inc., and amending 12-13076 Approved with Consent A, genda, and supersedin2, Resolution 12-13402 END OF CONSENT AGENDA Finance & Presentation by Maudlin and Jenkins of Presentation of the Comprehensive Annual the September 30, 2011 Comprehensive Financial Report (CAFR) Annual Financial Report Discussion Oni Resolution — Quasi-Judicial Planning Conditional Use Petition 12-CUI Petitioner: Goodwill Industries of Southwest Florida, Inc. Agent: Gulfcoast Consulting Group Planning Advisory Board Recommendation to Approve 12-13076 AS AMENDED to delete Section 2- 1 and renumbering the remainder of Section 2 / Saad /Barnett 6-0 (Price absent) 9. Consider a Resolution determining Conditional Use Petition 12-CU1, pursuant to Section 58-503, to allow the retail sale of secondhand merchandise in the Highway Commercial Zoning District, located at 1795 Ninth Street North, subject to conditions Packet Page -1156-