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Agenda 01/28/2014 Item #16D 91/28/2014 16.D.9. EXECUTIVE SUMMARY Recommendation to amend the State/Federal Subordination Loan Policy to allow future subordination requests to include impact fee deferral liens. OBJECTIVE: To support the continued affordability of housing by allowing State/Federal housing assistance program recipients the advantage of subordinating their liens with Collier County. CONSIDERATIONS: In order for homeowners to refinance an existing first mortgage to a lower interest rate, thereby reducing their monthly housing expense, subordinate lenders must either be repaid or agree to remain in a subordinate position. On June 25, 2013, agenda item 16.D.9, the Board approved the current State/Federal Subordination Loan Policy. Under the current Policy only State or Federal grant program loans may be subordinated. Homeowners Roderick & Tania MacDonald, recipients of housing assistance request that an impact fee deferral lien on their property be subordinated to a mortgage used to refinance. This request cannot be administratively granted because impact fee deferral liens are not included in the Board approved State/Federal Subordination Loan Policy. In addition, the question or whether or not to grant the McDonalds' request, even through policy change, was further complicated by the fact that their impact fee deferral lien was in a first priority position. Because the advantage of overall housing affordability through refinance outweighs the risk of loss of priority position, staff recommends inclusion of all State/Federal liens such as impact fee deferral liens in the Policy, regardless of priority position, so that the McDonalds and future similarly situated persons may benefit from a reduced interest rate housing payment. The overall advantage of a reduced housing payment allows for the continued affordability of the home and a less likely chance of default from the homeowner. Accordingly, Staff requests the following approval from the Board; 1) Contingent upon its compliance with the State/Federal Subordination Loan Policy, subordinate a SHIP Impact Fee Deferral lien issued to Roderick and Tania McDonald in the amount of $10,498.98. Recorded in Official Records Book 3551, Page 3903. 2) Allow all liens issued under a State/Federal grant program to be included in the current Subordination Policy, effective immediately. FISCAL IMPACT: The recording costs associated with the subordination agreement will be borne by the homeowner. This item has no immediate fiscal impact; however, with the impact fee deferral lien in 2nd position, if foreclosure occurs, the SHIP Trust Fund may not be fully repaid. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board action. JAB GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To approve the subordination of an SHIP Impact Fee Deferral lien issued homeowners Roderick and Tania McDonald and to allow all future subordination requests to include all liens issued under State/Federal grant programs in the State/Federal Subordination Loan Policy. /0"1 Prepared By: Priscilla Doria, Grant Coordinator, Housing, Human and Veteran Services Packet Page -557- 1/28/2014 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.9. Item Summary: Recommendation to amend the State /Federal Subordination Loan Policy to allow future subordination requests to include impact fee deferral liens. Meeting Date: 1/28/2014 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 1/2/2014 1:08:56 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 1/2/2014 1:08:58 PM Approved By Name: KushiEdmond Date: 1/3/2014 3:34:35 PM Name: SonntagKristi Date: 1/13/2014 10:05:08 AM Name: GrantKimberley Title: Interim Director Date: 1/14/2014 12:40:20 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 1/15/2014 9:22:43 AM Name: RobinsonErica Date: 1/15/2014 12:17:25 PM Packet Page -558- Name: TownsendAmanda Title: Director - Domestic Animal Services,Domestic Anima Date: 1/17/2014 3:10:15 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 1/21/2014 8:36:19 AM Name: CarnellSteve Title: Administrator - Public Services Date: 1/21/2014 4:07:54 PM Name: KlatzkowJeff Title: County Attorney Date: 1/21/2014 4:26:33 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/21/2014 4:46:51 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/21/2014 5:00:02 PM Name: OchsLeo Title: County Manager Date: 1/21/2014 5:14:13 PM Packet Page -559- 1/28/2014 16.D.9. 1/28/2014 16.D.9. Collier County Housing, Human and Veteran Services Department STATE /FEDERAL SUBORDINATIONPOLICY Requests for subordination must be approved in advance by the Housing, Human and Veteran Services Department ( "Department "). We may consider subordinating our loan/lien if the following factors are present: • The proposed transaction is a rate and term refinance (less than $500.00 to borrower at closing); and • The new interest rate is a least one percent less than the current interest rate; and • The new principal and interest payment is lower than the current payment; or if the new monthly payment is increased due to a reduction to the term of the loan, the Department will determine if the new payment is reasonable and beneficial to the client; and • The proposed transaction only includes the current first mortgage payoff and reasonable closing costs; and • Closing costs are reasonable as determined by the Department; and • The proposed transaction does not include a prepayment penalty. • Property being refinanced must be the borrower's principal residence. The following documents must be submitted to our office in order to process a subordination request: 1. Subordination Request form (attached). 2. Signed and executed Good Faith Estimate and Truth in Lending statement; and 3. Signed and executed mortgage /loan application; and 4. Preliminary HUD -1 Settlement Statement; and 5. Copy of title commitment; and 6. Name, phone number and email address of closing agent /Title Company. Please allow 10 business days for processing from the date the request is submitted to our office. If approved, the Department will notify the lender and title company prepare the Subordination Agreement. If we are unable to approve the request, a payoff letter will be issued. Priscilla Doria Grant Coordinator Housing, Human & Veteran Services Department 3339 E. Tamiami Trail, Bldg H, Suite 211 Naples, Florida 34112 .-%, Phone: 239 - 252 -5312 E -fax: 239- 252 -6518 Email: PriscillaDoria @colliergov.net Revised 01/2014 Packet Page -560- 1/28/2014 16.D.9. Subordination Request Form Complete the following form and fax to: (239) 252 -6518 Attn: Priscilla Doria Borrower (s) name: Borrower (s) address: Name of Lender/Broker: Address: Email: Phone: Current MorWaLye Information Principal Balance: Interest Rate: Monthly Payment: Loan Term: New MortLyaze Information Loan Amount: Interest Rate: Monthly Payment: Loan Term: Closin A ent /Title Company Information Name: Contact Person: Phone: Email Address: I certify that the above information is correct. I certify that there will be no cash out to the borrower, and no other unsecured debt will be paid off (i.e., credit cards, automobile loans, etc.). I understand that the subordination document prepared by Collier County will be invalid if that is the case. Lender /Broker Signature Date Lender/ Broker Name Printed Revised 01/2014 Packet Page -561-