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Agenda 09/27/2011 Item #10G 9/27/2011ttem 10.G. ,,-..... EXECU'pVE SUMl\{AJY Recommendation tltattlte Board of County Commissioners approve a Short Sale Policy and Procedure for the State HollsiBg InitiativesPartBership (SHIP) program. OBJECTIVE: . That tb.e8oard of County Commissioners approve a Short Sale Policy and Procedure for the State Housing Initiatives Partnership (SH{P) program and to consider the short sale request of Mr. Keith Roman. CON~IDERATlO~S: On September .13, 2011, ~enda item 6B, the Board of County Commis.sioners heard a public petition from Mr. Keith Roman seeking a.pproval for a repayment settlement of $2,000 for aSHIP loan in the amount of $24,272.50. Following discussion, the County Manager directed staff to bring back a policy and procedure for consideration at the September 27, 2011 Board of County Commissioners meeting. Information specific to Mr. Keith Roman's request is included as Attachment "A" of this agenda item. The funding for the SHIP program was established in 1992 with the passage of the William E. Sadowski Affordable Housing Act The Comer County SHIP down. payment assistance program has been in existence for over '.15 Years. Since program inception at Collier County, in excess of $20 million.in SHIP funds have ~n received, the majority of which have been applied to down payment assistance. Individualloans have ranged . from $2,500 to as much as $45,000 over the dura.tion of the program, and _ thousands of individuals have been assisted. ~ Every three (3) years th~ Board of County Commissioners approves the SHlPLocal Housing Assistance Plan (LHAP) to designate strategies eligible for funding through the SHIP program. Historically, Collier County has not provided for forgiveness of the assistance provided through the SHIP program; the.only exceptions have been in the' instance of death of the recipient or other catastrophic events. The program contains no policy to provide forgiveness in an effort to facilitate a Short Sale. Consultation with. the grantor agency has determined that the SHIP program does not regulate policies and procedures relating to debt settlement. The state does not require that loans given under this prpgram, be repaid. The County, as lender, has the ability and right to establish policiesJor settlement of the debt. When a property is foreclosed upon historically we have recovered $0. A short sale is a method by which a homeowner attempts to avoid foreclosure by negotiating with the first mortgage lender to.accept an amount less than owed. Oftentimes in an effort to complete the short sale and recapture at least a portion of their investment, . the fIrst mortgage lender wiJ) offer a significantly reduced payoff to others in subordinate positions. By. concurring with the fIrst mortgage lender to ac~pt less than owed,. Collier County may recapture a portion of funds rather than zero funds following foreclosure. The policy brought forth. for consideration through this agenda item is only applicable to debt. settlement to facilitate short sales for clients assisted through the down payment assistance program ("Purchase Assistance"). To be eligible for a short sale, the policy applies the following minimum criteria: 1. The recipient as seUerofthe property shall not receive any funds from the Short Sale transaction. 2. To facilitate a ShortSale, Collier CoUnty shall forgive a percent of the assistance provided based upon the following table. r'"'\ Packet Page -685- 9/27/2011 Item 10.G. ~ SHORT SALE SETTLEMENT AMOUNT 25% or $2,500 whichever is more F or example, if a recipient received SHIP assistance in the amount of $20,000 the settlement amount would be $5,000 (25%). In Mr. Roman's case his loan amount was $24,272.50, provided in 2007. Consequently, he would qualify to have $] 8,204.37 (75%) forgiven, and he would pay $6,068.] 3 (25%). FISCAL IMPACT: Approval of this policy will allow Collier County to recover a small repayment, in lieu of no recovery under a foreclosure. These funds would then be reprogrammed for additional down payment assistance. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. This item requires a majority vote. - JBW GROWTH MANAGEMENT IMPACT: The State Housing Initiatives Partnership (SHIP) program supports efforts to meet the goal, objectives, and policies set forth in the Housing Element of the Growth Management Plan. A policy decision to allow debt settlement related to short sales only impacts the ability of the SHIP program funds from the Trust Fund to be supplemented by potential repayments from individuals, which further leverage SHIP funds. As a result, this policy does impact the goals of the Housing Element by lessening the ability to further assist other individuals through the program repayments. ~ RECOMMENDATION: That the Board of County Commissioners approve a Short Sale Policy and Procedure for the State Housing Initiatives Partnership (SHIP) down payment assistance program, and that this policy apply to Mr. Roman's request for a short sale. Prepared By: Kim Grant, Interim Director, Housing, Human and Veteran Services .~ Packet Page -686- 9/27/2011 Item 10.G. COLLIER COUNTY ,-...." Board of County Commissioners Item Number: 10.G. Item Summary: Recommendation that the Board of County Commissioners approve a Short Sale Policy and Procedure for the State Housing Initiatives Partnership (SHIP) program. (Kim Grant, Interim Director, Housing, Human and Veteran Services) Meeting Date: 9/27/2011 Prepared By Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services 9/15/20114:28:14 PM Submitted by Title: Manager, Housing, Human and Veteran Services Name: RamseyFrank 9/15/20114:28:15 PM ,,-,, Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 9/20/2011 5:32:49 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 9/21/2011 8:21:21 AM Name: AckermanMaria Date: 9/21/2011 3:49:17 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 9/21/2011 3:55:25 PM Name: RamseyMarla ~ Packet Page -687- ..-... Title: Administrator, Public Services Date: 9/21/2011 4:00:16 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 9/21/2011 4:15:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/21/2011 4:20:54 PM Name: PryorCheryl Title: Management! Budget Analyst, Senior,Office of Management & Budget Date: 9/21/2011 4:28:31 PM Name: OchsLeo Title: County Manager Date: 9/21/2011 4:48:21 PM -- .-... Packet Page -688- 9/27/2011 Item 10.G. 9/27/2011 Item 10.G. ~ ATTACHMENT "A" BACKGROUND: On September 13, 2011, agenda item 6B, the Board of County Commissioners heard a public petition from Mr. Keith Roman seeking approval for a repayment settlement of $2,000 for a SHIP loan in the amount of $24,272.50. The loan was provided to assist Mr. Roman, a first time homebuyer, with the down payment and closing costs associated with the purchase of a primary residence in September 2007. The loan was secured by a second mortgage recorded September 10, 2007 in O.R. Book 4280, Page 867, of the Public Records of Collier County, Florida. The petitioner sought relief from the repayment obligation of the SHIP loan to facilitate a short sale, thus attempting to avoid a foreclosure. TIMELINE: 1. September 10. 20'07: Warranty Deed transfer ownership of the subject property to Mr. Keith Roman recorded in O.R. Book 4280, Page 846, of the Public Records of Collier County, Florida. 2. September 10. 2007: Harris Bank provides first mortgage financing recorded in O.R. Book 4280, Page 847, ofthe Public Records of Collier County, Florida. 3. January 14.2011: Harris Bank awarded a "Notice of Us Pendens" recorded in O.R. Book 4642, Page 3492 of the Public Records of Collier County, Florida. 4. June 23. 2011: Harris Bank awarded a "Final Judgement of Foreclosure" recorded in O.R. Book 4694, Page 2739, of the Public Records of Collier County, Florida. 5. September 28. 2011: Foreclosure sale scheduled for 11:00 a.m. in Clerk's Case Number 11 0011 7 CA. ,,-...... ~ Packet Page -689- 9/27/2011 Item 10.G. A TT ACHMENT "B" ..-.. Collier County Housing, Human and Veteran Services Department State Housing Initiatives Partnership Program SHORT SALE POLlCY Requests for short sale must be approved in advance and in writing by Collier County. The following minimum criteria shall apply: 1. The recipient as seller of the property shall not receive any funds from the Short Sale transaction. 2. To facilitate a Short Sale, Collier County shall forgive a percent of the assistance provided based upon the following table. SHORT SALE SETTLEMENT AMOUNT 25% or $2,500 whichever is more For example, if a recipient received SHIP assistance in the amount of $20,000, the settlement amount would be $5,000 (25%). In order to determine if a recipient may qualify for Short Sale, the Department will require the following ~ information: 1. Evidence of the first mortgage lender's approval for Short Sale. Following initial review, the Department will advise in writing ifthe recipient has been pre-approved for Shoti Sale. However, the following documents will be required prior to closing of the Short Sale and issuance of final approval: ] . Signed final HUD-l Settlement Statement; and' 2. Final singed sales contract; and 3. Name, phone number and email address of closing agent. SHORT SALE PROCEDURE If recipient has been pre-approved for Short Sale by the Department, the following shall occur: ..-.. 1. The Department shall recommend final approval for the Short Sale to the County Manager, or his designee, prior to closing of the Short Sale transaction. 2. The County Manager, or his designee, with the understanding that time is of the essence in Short Sale transactions, shall issue final approval of the recipient has conformed with the Short Sale Policy contained herein. 3. Upon Collier County receipt of the Short Sale disbursement, an amount as described above, the Department shall request that the Board of County Commissioner execute a satisfaction of mortgage. 4. The fully executed, original copy, ofthe satisfaction of mortgage shall be recorded in the Public Records of Collier County, Florida. Packet Page -690- 9/27/2011 Item 10.G. Collier County Housing, Human and Veteran Services Department State Housing Initiatives Partnership Program ~ SHORT SALE APPLICATION Recipient(s) name: Recipient(s) address: First Mortgage Infonnation First Mortgage Lender: Principal Balance: Approved Short Sale Amount: Net Proceeds to Recipient: SHIP Second Mortgage Information ,,-...... SHIP Mortgage Amount: SHIP File Number: Date Recorded: Required Repayment Amount: Amount Paid by Lender: Amount Paid by Other: Net Proceeds to Recipient: OFFICE USE ONLY D PRE-APPROVED-PREPARE SATISFACTION D DENIED - PREP ARE PAYOFF Date ,,-...... Packet Page -691-