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Agenda 06/25/2013 Item #16D 96/25/2013 16.D.9. 11 EXECUTIVE SUMMARY Recommendation to approve the adoption of the same Subordination Policy, forms and agreement currently used under the State Housing Initiatives Partnership (SHIP) Program for all future State, and Federal requests. OBJECTIVE: To assist current Collier County low income homeowners to benefit from low interest rates, thereby allowing them the ability to refinance their mortgages in order to keep their payments affordable. CONSIDERATIONS: Housing, Human and Veteran Services (HHVS) provides affordable housing assistance in the form of a loan to income qualified households that meet the requirements of the program. Collier County is most often a subordinate lender to the first mortgage loan to the assisted property; for example, SHIP and/or HOME Purchase Assistance provides interest free, deferred loans issued as a second mortgage for the purchase of a home to qualified first -time homebuyers. Occasionally, homeowners want to refinance their existing first mortgage to a lower interest rate, thereby allowing for a reduced monthly payment to the homeowner. Subordinate lenders must either be repaid or agree to remain in a subordinate lien position in order for the refinance to be completed. On April 27, 2010, agenda item 16D11, the BCC approved a SHIP Local Housing Assistance Plan including a Subordination Policy. On April 10, 2012, agenda item 16D3, the BCC approved an updated SHIP subordination policy. This policy requires a rate/term refinance only and does not allow any cash to be returned to the homeowner. The other Federal and State grant programs administered by the County do not currently have an established �1 BCC policy to address subordination requests received (specifically the HOME program), thereby not providing applicants the opportunity to refinance their home loans in order to take advantage of the lower interest rates available to them. Due to the similarities of the SHIP and the HOME Programs, with regard to loan programs, staff recommends that the same Subordination Policy, forms and agreement currently used under the SHIP Program be utilized for all future subordination requests in State and Federal grant programs. If this item is approved, the aforementioned documents will be customized for each funding source but will not deviate from BCC approved policy. The following funding sources may utilize the Subordination Policy and backup documents: SHIP, HOME, CDBG, DRI, and NSP. Signature authority for the subordination request will remain with the Interim Director of HHVS. FISCAL IMPACT: The recording costs associated with the subordination agreement will be the responsibility of the recipient. Therefore there is no fiscal impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this subordination policy will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: To adopt the same Subordination Policy; forms and agreement currently used under the State Housing Initiatives Partnership (SHIP) Program for all future State, and Federal requests. Prepared By: Rosa Munoz, Grants Coordinator Housing, Human and Veteran Services Packet Page -910- 6/25/2013 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.9. Item Summary: Recommendation to approve the adoption of the same Subordination Policy, forms and agreement currently used under the State Housing Initiatives Partnership (SHIP) Program for all future State, and Federal requests. Meeting Date: 6/25/2013 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing, Human & Veteran Services 5/15/2013 2:13:55 PM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MunozRosa 5/15/2013 2:13:56 PM Approved By Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 5/20/2013 8:46:08 AM Name: SonntagKristi Date: 5/27/2013 8:20:08 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 5/30/2013 4:24:09 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/4/2013 9:38:47 AM Name: BelpedioJennifer Packet Page -911- 6/25/2013 16.D.9. Title: Assistant County Attorney,County Attorney Date: 6/4/2013 4:40:22 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 6/10/2013 8:22:55 AM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 6/11/2013 4:11:55 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 6/12/2013 9:21:09 AM Name: KlatzkowJeff Title: County Attorney Date: 6/12/2013 1:50:42 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/13/2013 10:11:12 AM n Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/13/2013 1:55:04 PM Name: OchsLeo Title: County Manager Date: 6/14/2013 4:47:07 PM Packet Page -912- 6/25/2013 16.D.9. Collier County Housing, Human and Veteran Services Department STATE/FEDERAL SUBORDINATION POLICY Requests for subordination must be approved in advance by the Housing, Human and Veteran Services Department ( "Department "). We may consider subordinating our loan 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 11-N Phone: 239 -252 -5312 E -fax: 239 -252 -6518 Email: PriscillaDoria @colliergov.net Revised 05/2013 Packet Page -913- CCA 6/25/2013 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: I Name of Lender /Broker: Address: Emai l: Phone: Current Mort a e Information Principal Balance: Interest Rate: Monthly Payment: Loan Term: New Mortgage Information Loan Amount: Interest Rate: Monthly Payment: Loan Term: 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 ❑ APPROVED- PREPARE SUBORDINATION IKimberley Grant, Interim Director ❑ DENIED - PREPARE PAYOFF Revised 05/2013 Packet Page -914- Date C-'A Collier County Housing, Human and Veteran Services Department STATE/FEDERAL SUBORDINATION POLICY 6/25/2013 16.D.9. Requests for subordination must be approved in advance by the Housing, Human and Veteran Services Department ("Department "). We may consider subordinating our loan 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: I . 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/Ttitle c- paYCompanv. 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 341.12 Phone: 239 -252 -5312 E -fax: 239 -252 -6518 Email: PriscillaDoria @colliergov.net Revised 05/2013 Packet Page -915- C 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: Principal Balance: Interest Rate: Monthly Payment: Loan Term: Loan Amount: Monthly Payment: Interest Rate: Loan Term: 6/25/2013 16.D.9. 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 Sigmature Date Lender/ Broker Name Printed ❑ APPROVED- PREPARE SUBORDINATION Kimberley Grant, Interim Director Revised 05/2013 Packet Page -916- ❑ DENIED- PREPARE PAYOFF Date C�* 11*� 6/25/2013 16.D.9. THIS INSTRUMENT PREPARED BY & RETURN TO: NAME OF STAFF PERSON HERE COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES 3339 EAST TAMIAMI TRAIL, SurrE 211 NAPLES, FLORIDA 34112 SUBORDINATION AGREEMENT KNOW BY ALL MEN THESE PRESENT: In consideration of $10.00 and other good and valuable considerations, Collier County, Florida, hereby agrees that it shall postpone and make junior and subordinate in all respects that certain lien and /or assessments created, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, and ENTER NAME OF HOMEBUYER, A SINGLE MAN, dated ENTER DATE HERE, and recorded in OR Book 4375, at Page 3531, Public Records of Collier County, Florida. Said agreement pertains to the real property described as follows: ENTER LEGAL DESCRIPTION HERE: Said agreement will be subordinate only to the mortgage executed by, ENTER NAME OF BUYER HERE, A SINGLE MAN to NAME OF LENDING INSTITUTION HERE, as first lien holder in the amount of $AMOUNT, being executed on , 2013. This agreement shall continue in full force and effect so long as ENTER NAME OF HOMEBUYER HERE, A SINGLE MAN shall be indebted to the above financial institutions and government agencies, and /or their assigns. Approved as to form & COLLIER COUNTY Legality Jennifer A. Belpedio Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER By: KIMBERLEY GRANT As: INTERIM DIRECTOR OF HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT Pursuant to the Subordination Policy contained with the SHIP Local Housing Assistance Plan Approved by the Board on April 27, 2010, Agenda Item No. 15D11 The foregoing instrument was acknowledged before me on this day of — 2013, by KIMBERLEY GRANT, as INTERIM DIRECTOR of HOUSING, HUMAN & VETERAN SERVICES OF COLLIER COUNTY and who is personally know to me. * *NOTARY SEAL ** NOTARY SIGNATURE �., PRINTED NOTARY NAME Packet Page - 917 - '�