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Agenda 01/27/2009 Item #16K 1 Agenda Item No. 16K 1 January 27,2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves Staff's proposal (I) to deny Mrs. Cynthia Dennis Pray's request that the Board waive the federal loan granted to her by Collier County Housing and Human Services, (2) send a written demand to recover the funds, and (3) not initiate litigation against Mrs. Pray. OBJECTIVE: Recommendafion fhat the Board of Counfy Commissioners approve Sfaffs proposal that would (1) deny Mrs. Cynthia Dennis Pray's request that the Board waive the federal loan granfed fo her by Collier County Housing and Human Services, (2) provide for a written demand to recover the funds, and (3) not initiafe litigation against Mrs. Pray. CONSIDERATIONS: Mrs. Pray was granfed a federal HOME loan for home rehabilitation from the Collier County Housing and Human Scrvices Departmenf (HHS).' HOME funds are used to assist low and very low-income Amcricans wifh homc ownership. The funds may be used for a varicfy of reasons including acquisition and rehabilitation. Pursuanf fo HOME program requirements, Mrs. Pray was required to sign a Mortgage and Promissory Nofe securing the $19,000 loan, The federal loan program requires fhaf the home remain affordable for a minimwn of 10 years following the loan. The program also requires that the bOITower remain fhe same, and thaf fhe home not be fransfeITed or sold wifhouf HHS' prior written approyal. Finally, HOME requires that fhe County attcmpf fo recapture the federal funds in fhe evenf of a breach or default by the hOITower. See 24 CFR part 92, Mrs. Pray trans felTed ownership of her home to her fafher by a quif-c1aim deed dafed April 7, 2008, Mrs. Pray alleges thaf she was advised fa do this by a reverse-mortgage company, Calyary Financial. When Mrs. Pray transfelTed owncrship of her home, by operafion of law, she defaulted on her agreemcnt with fhe Counfy, As a result, the $19,000 loan became due and payable immediafely. Collier County was nof informed of fhe transfer in ownership until Mrs, Pray requested fhat Collier Counfy waive fhe $19,000 loan, In fact, Collier County cannot legally waive fhis loan as Collier County is required fo recapture the federal funds when fhe loan is no longer heing used as intended, Mrs, Prav's Requesf Mrs. Pray appeared hefore fhe Board of County Commissioners on Deccmber 16, 2008, fo rcquest that the Board "waive" fhc loan from Collicr County, When Mrs. Pray appeared, she failed to advise fhe Board that her home had already been forcclosed with a Summary Judgmenf of Foreclosure entered on Novcmber 20. 2008. The final salc was scheduled for Dcccmber 18, 2008, and Mrs. Pray advised the Board lbaf if thcy wcre to waive the loan, she could save her hOllle with a reverse 1110ligage. - , Mrs. Pray has also rt'ceived two SHIP grants from Collier County which have been satisfied with a previous first mortgage refinance. All SHIP funus used to it'i:.15t lVirS. PI'ay have been l"t'paid [0 Cullier County. ,!\gt.' Ida 118m \]0. -1~;K1 .J.:'_Lluary 27,2009 ?age 2 of 3 The Counfy Attorney agreed fo reyiew Mrs. Pray's request together wifh the Department of Housing and Human Services, The foreclosure sale was rescheduled af fhe Counfy's requesf fo allow Collier Counfy fo defermine what, if anything, could be done to assist Mrs. Pray. This continuance allowed Mrs, Pray and her family to remain in the home fhrough fhe holiday season. The mosf important consideration is that the Counfy is unable fo waive fhis loan as this loan is subject to sfringent federal requiremenfs, The federal regulations require fhaf if fhe borrower defaulfs on the agreement, fhe Counfy is required to recapture the loaned funds, Procedux~ Mrs. Pray was advised hy a pnvafe company fhat a reverse mortgage could possibly save her home if she transferred ownership fo her elderly fafher and if all other mortgages (or liens) were waived. The complicafion is thaf the first mortgage ($127,000) is greater than the yalue of the home (approximafely $65,(00). Even if Collier Counfy were authorized fo waive the federal loan, it would only increase the money recovered by fhe first mortgage holder, and not directly benefit Mrs. Pray. Ifthe property is sold in a foreclosure sale. fhe first mortgagce will be entitled fo all of fhe proceeds from the sale, leaving no funds fo safisfy fhe Counfy's second mortgage. Simply sfafed, Mrs. Pray would nof be able fo keep hcr home wifh or wifhouf fhe County's waiver of the federal loan. If Mrs, Pray had approached Collier County prior to transferring the propcrty fo her fafhcr, there may have been addifional remedies fo research, For example. the County may have been able to qualify Mrs. Pray's father for additional federal assistance. Howcver, when Mrs. Pray transferred title to her fafher, and the Summary .Iudgmenf of Foreclosure was enfered, both Mrs. Pray and the Counfy's options bccame limifed, Fiscal Impact: There is no fiscal impact associated with this recommendation. Growth Manal!emcnt Impact: There is no growfh managemenf impact associated with this recommcndat ion, Lel!al Considerations: The Counfy Attomcy Otlice has rescarchcd fhis issue and reviewed the altematives with the Departmenf of Housing and Human Services, Collicr County is required by law fo attempf to recapfure the j~deral funds thaf wcre loaned to Mrs. Pray, and as such the Counfy may nof waive this federal loan. This ifem is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This ifem is legally sulTicient for Board action. - CMG Recommendation: The Dcpartmcnf of Housing and Human Scrvices and fhe County Attorney rccommcnd that the Board of County Commissioncrs (I) fOl1nally deny Mrs, !'ray's requcst Jar waiver of the fcdcralloan, (2) send a written demand to Mrs. Pray in an attempt to recover the iCdcral funds, and (3) nof initiate litigafion against Mrs. Pray as rccovery is highly unlikcly, Prepared hy: Cuiicl:l1 ivL Greene Assistalll COUilty AL10rucy Page I of I ACJenda Item No. 16K 1 ,January 27. 2009 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation that the Board of County Commissioners approves Staffs proposal (1) to deny Mrs. Cynthia Dennis Prays request that the Board waive the federal loan granted to her by Collier County Housing and Human Services, (2) send a written demand to recover the funds, and (3) not initiate litigation against Mrs Pray. 1/27/20099:00:00 AM Meeting Date: Prepared By Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 1/15/20099:27:14 AM Approved O}' Jeff Klatzkow Assistant County Attorney County Attorney Office Date County Attorney 1/15/20091:08 PM .A.pproved By Colleen Greene Assistant County Attomer County Attorney Office Date County Attorney 1/15120Q9 2:05 PM Approved B}' OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1/15/20093:2.9 PM Approved BJ John A. Yonkosky County Manager's Office Director of the Office of Management Office of Management & Budget Date 1/15/20096:24 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Man~ger's Office 1/15/2009 ;:34 PM tile:IIC:\A"enrl~Test\Fxnnrt\ 1 ??-hnllRrv%?0?7 %70?009\ Iii %?O('nNSFNT%?OAr;FNI1 117117009