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R-01-01-25-10A1 - 1/25/2001 RESOLUTION NO. R-01-01-25-10A1 WHEREAS, the City of Round Rock Home Ownership Assistance Program (HOAP) is funded by Community Development Block Grant funds, and provides qualified, first time homebuyers with non-interest bearing loans for down payment and/or closing costs, and WHEREAS, the City Council wishes to accept and approve the amended eligibility guidelines for the HOAP as found in the City of Round Rock Home Ownership Assistance Program 2000-2001, a copy of which is attached hereto and incorporated herein, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts and approves the amended eligibility guidelines for the City of Round Rock Home Ownership Assistance Program, a copy of which is attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 25th day of Jan 001 . v RO T A. STLUKA, JR. Mayor ATTEST: City of Round Rock, Texas J E LAND, City Secretary K:\WPDOCS\RESOLUTI\R10125A1.WPD/eC City of Round Rock Home Ownership Assistance Program Program Year 2000 —2001 The Home Ownership Assistance Program (HOAP) provides to qualified, first time, income eligible homebuyers a non-interest bearing,forgivable, non-assumable loan to be used to assist with purchasing their first home. Program assistance can be used for one-half of the down payment and eligible closing costs up to and not to exceed $5,000 on an as needed basis. The applicant will not be permitted to receive a reimbursement or cash back at closing. Upon future sale, lease, or transfer of title of the purchased home, the applicant will repay the principal loan amount to the Program from the sale or lease proceeds accordingly: Sale or lease of home during the first 2 years 100% repayment Sale or lease of home in year 3 75% repayment Sale or lease of home in year 4 50% repayment Sale or lease of home in year 5 25% repayment Sale or lease of home after 5 years Loan forgiven The loan will be secured by a lien placed on the home for the term of sixty months. Reimbursed loans become program income and will be used to assist future eligible first-time homebuyers. Persons interested in participating in this program can obtain a Home Ownership Assistance Program packet from our office: Office of Community Development 221 East Main Street, Ste. 316 Round Rock,Texas 78664 Online applicants can print out copies of the required forms; however, the forms must be submitted to the office for processing. The website address is: http://www.ci.round-rock.tx.us/planning Loan Terms The loan shall be a non-interest bearing, forgivable, non-assumable loan. The loan shall be for a period of 60 months. The City of Round Rock shall be identified as a lien holder on the property. In the event the homeowner leases or sells the home, or defaults on the first mortgage during this period, the loan shall be repaid according to the schedule identified in the loan agreement. If the homeowner still owns and resides in the property at the end of sixty months and has not defaulted on any terms set forth, the loan shall be forgiven and the lien removed. Fair Housing Information The Round Rock Homeownership Assistance Program will adhere to all fair housing requirements as detailed in the Fair Housing and Equal Opportunity Act, and the Americans with Disabilities Act. Applicants will be screened without regard to race, color, religion, sex, physical handicaps, familial status, national origin or age. All marketing for potential applicants for the down payment assistance will contain the Equal Housing Opportunity logo and wording. Revised 12123/00 City of Round Rock HOAP page 1 City of Round Rock Home Ownership Assistance Program Program Year 2000 —2001 To meet the needs of our bilingual community, project communication such as initial outreach and application intake for applicants will be in both English and Spanish. In all outreach efforts, the criteria for applicants will be detailed so as to maximize the efficiency of the application process. The following community outreach vehicles will be used: newspaper advertisements; newspaper articles; flyers posted or distributed around the community in places such as the Round Rock Public Library, the Round Rock Housing Authority, and social service agencies that serve low-income populations. At least one applicant"fair"will be held at a location to be announced to allow citizens to apply, at which time applications will be distributed. Applications will be accepted from the general public on a first-come, first-serve basis subject to the criteria stated in the program guidelines. Revised 12123/00 City of Round Rock HOAP page 2 City of Round Rock Home Ownership Assistance Program Guidelines Program Year 2000-2001 All funds must be applied toward the transaction. The applicant will not be permitted to receive a reimbursement or cash back at closing. To be eligible for assistance, the applicant must agree to all program requirements and restrictions including, but is not limited to the following: 1. Applicants must be first-time homebuyers or have not owned a home in the last 3 years. (Displaced single parent who deeded their share of homestead to an ex-spouse in a divorce settlement is considered a first time buyer.) 2. Applicants must be income eligible. Total gross household income cannot exceed 80% of median family income. See current maximum income levels listed below. Family Size Maximum Household Family Size Maximum Household Income Income 1 33,000 5 50,900 2 37,700 6 54,650 3 42,400 7 58,450 4 T 47,100 8 62,200 3. The property must be within the Round Rock city limits. Property in the extra-territorial jurisdiction (ETJ) is ineligible. Municipal Utility Districts(MUDs)are not within the city limits. 4. The property being purchased must be a resale property, at least one year old at the date of the loan application, and be a single family residence(house, townhouse or condominium only)and must be the applicant's primary place of residence. Duplexes and manufactured homes are not eligible for assistance. 5. For conventional loan only, the property must pass a HUD Housing Quality Standards Inspection (HQS), performed by a certified HQS inspector prior to closing. This inspection looks at health, safety, and security at their minimum standards and does not serve in lieu of a structural inspection. All noted deficiencies must be repaired, and the same licensed inspector must make a follow up inspection. 6. Property must meet regulations regarding Lead Base Paint(Prior to 1978)and no displacement of exiting tenant. 7. The purchase price of the home cannot exceed 95%of the median sales price for like homes in the Round Rock area ($133,000)with the current median being $140,000. 8. The applicant must be 18 years or older. If separated, an applicant is ineligible until the divorce is final. 9. Former occupants of the property being purchased cannot have been displaced. A signed Buyer/Seller Certification of Purchase will be required. 10. The total household liquid assets are limited to a verifiable total not to exceed $5,000 in checking, savings, stocks, bonds, or mutual funds and total unimproved real estate assets limited to $10,000 in real estate property at the time the application is submitted. Retirement accounts are exempt. 11. The property being purchased must be the applicants' primary place of residence. 12. The applicant must qualify for a first lien mortgage loan from a recognized private lender. 13. The first lien loan must be a fully amortized loan for up to 30 years with an interest rate that does not exceed the prevailing market rates for conforming loans. 14. Adjustable Rate Mortgages (ARMS), Balloon Payments,Wraparounds, Graduated Mortgage, Negative Amortization or other non-traditional financing is NOT allowed under this Program. Buy downs are permitted but cannot exceed the prevailing market interest rate at maturity. 15. The property must be in a condition to meet minimum City of Round Rock building codes (an inspection may be required). For property located in the Flood Plain, Buyers must obtain Flood Insurance. 16. Applicant must participate and complete Credit and Homeownership Counseling. 17. Certificate of Eligibility will be issued upon completion of all requested forms, documents, and satisfactory property inspection. Revised 12123/00 City of Round Rock HOAP page 3 City of Round Rock HOAP Program Guidelines Program Year 2000-2001 How to Apply: 1. The applicant must enter into a sales contract to purchase their first home, and 2. The applicant must have applied for a mortgage loan from a lending institution (Owner financing is not eligible), and 3. The applicant must submit a completed current application,which includes the attached Application Checklist and all listed documents, to the HOAP Administrator. Incomplete applications will not be considered. 4. The eligible applicant will be issued a Certificate of Eligibility. The Lender must complete and return the final approval, the appraisal, and the Document and Check Request Form with Schedules "A". `B'; and"C"to the Office of Community Development a minimum of 10 working days prior to setting the date of closing,in order to timely process and obtain the loan documents and check. Checks are released on Friday afternoons after 3:00 p.m. only. 5. The Certificate of Eligibility will remain effective for a term of 30 days. One thirty(30)day extension may be requested. If the loan cannot be finalized in sixty(60)days, the Certificate of Eligibility will be terminated. An applicant may reapply no sooner than 30 days after the Certificate of Eligibility has expired. 6. The HOAP Program Administrator must review and approve the final HUD-1 closing statements prior to funding. All funds must be applied toward the transaction. The applicant is not permitted to receive a reimbursement or cash back at the time of closing. 7. Request for downpayment assistance after closing is not eligible. For more information on the City of Round Rock Homeownership Assistance Program (HOAP), please call Mona Ryan,Community Development Coordinator at 218-5416, 8 a.m. to 5 p.m. or Pam Porter, HOAP Program Assistant, 341-3320, 8:00 a.m. to Noon Fax 218-7097 Or Write: Homeownership Assistance Program (HOAP 221 East Main Street, Ste. 316 Round Rock,TX 78664 The City of Round Rock is committed to compliance with the Americans with Disabilities Act (ADA and Section 504 of the Rehabilitation Act of 1973, as amended.) Reasonable modifications and equal access to communications will be provided upon request. This publication is available in alt4ernative formats. Please call 499-3100 (voice)or Relay Texas at 499-3102 or 1-800-0735-2989(TDD)for assistance. For sign language interpreter, please call the Department of Human Resources at 218-5490 at least 4-5 days in advance. The City of Round Rock does not discriminate on the basis of disability in the admission or access to or treatment or employment in their programs and activities. Hassan Farhat has been designated as the City's Section 504/ADA Coordinator. His office is located at 221 East Main Street, 2"d Floor. If you have any questions or complaints regarding your Section 504/ADA rights, please call the Section 504/ADA Coordinator at 218-5643 (voice). Revised 12123100 City of Round Rock HOAP page 4 City of Round Rock HOAP Application Checklist Program Year 2000-2001 * * DO NOT FAX COMPLETE APPLICATION Applicant Name: Property Address: Zip Code: Lending Institution Contact Person: Phone: Fax: e-mail: Real Estate Agent: Phone: Fax: e-mail: The complete application package must contain all the required information and documentation requested before the application will be considered. All applications will be date stamped and processed on a first-come first-serve basis. Incomplete application packages will be cancelled after five (5) days. _1. The original Application/Certification Affidavit (all blanks must be filled in) • Address, Name, Age, Relationship, Gross Monthly Income (Regular, Overtime, Bonuses, Commissions, fees, tips, and other compensation for personal services). • Signed by applicant and co-applicant (on-purchasing spouse or man/woman in common law must sign this affidavit.) • Demographic information. _2. The original BUYER/SELLER CERTIFICATION OF PURCHASE. Complete all blanks. • Date, Address, and Amount • Check property condition • Must be signed by Buyer, Co-Buyer, Seller, and Co-Seller _3. Copy of Certificate of Completion approved Homeownership Course. • Certificate must be submitted with application to be considered. • Homeownership course given by Lending institutions must be pre-approved by this program. _4. NOTICE: If home was built prior to 1978, prospective homeowners must receive the HUD/EPA/CPSC pamphlet"Protect Your Family from Lead in Your Home"or an EPA approved alternative; and, a disclosure form noting any known presence of lead-based paint. [24 CFR 35.1010 (b); 24 CFR 35.130] Revised 12123/00 City of Round Rock HOAP page 5 _5. A copy of the Good Faith Estimate executed by the LOAN OFFICER and BUYER specific to the property being purchased. Identify the required down payment amount and type of loan.) • Loan - FHA, Conventional, VA, etc. • Interest rate must not exceed the prevailing market rates for conforming loans. Sub- prime mortgages are not eligible. • Down payment, cash portion of the sales price payable by buyer at closing, must be typed or written in the Good Faith Estimate (GFE). • Good Faith Estimate must be signed by the Loan Officer. • Property address must be specified on the GFE. • Less Credits (POC)—Specify on the GFE items already paid by buyer, amount paid by seller, gift or Lender's contribution. _6. A copy of the Lenders Uniform Loan Application executed by Loan Officer. • Submit a complete application with type of loan, amortization type, interest rate, and fixed loan rate and signed by Loan Officer and Applicants. _7. A copy of the fully executed Sales Contract. • Sales Contract—Signature from Buyer and Seller. Contract MUST BE legible. _8. Checking and/or Savings Account— Copies of the most current statements for all working members of household. • If Checking or savings account statements show a balance exceeding the amount permitted by this program, the application will be denied. • Must provide checking and savings account information on all working household members or a signed statement if applicable. _9. Copies of last four (4) paycheck stubs for all working members of the household. • Must be the last four pay periods. • If applicable, copy of recorded final Divorce Decree _10. Signed copies of last three (3)years Income Tax Returns for all working members (W-2 forms are not sufficient. • If a couple filed separately, tax returns must be provideed for each working member of the household. • Income Tax Returns filed electronically provide a print out from IRS. _11. Housing Quality Standard Inspection Agreement. (Conventional loans only) _12. Copy of Valuation Conditions Report and Clearance from Appraiser(For all FHA and VA loans). Revised 12123/00 City of Round Rock HOAP page 6 City of Round Rock Housing Quality Standards Inspection Agreement Program Year 2000-2001 For Conventional Loans Only As an applicant for the City of Round Rock, Home Ownership Assistance Program (HOAP) hereby agree to and understands the following: 1. A Housing Quality Standards (HQS) Inspection defined by the Department of Housing and Urban Development (HUD) is required of each property purchased under the Down Payment Assistance Program for Homeownership Assistance Program (HOAP). This inspection will be performed by a HQS certified Inspector. 2. This inspection is a requirement of HUD and in no way should serve in lieu of a structural inspection of the property. The City of Round Rock encourages the Buyer / Purchaser to obtain a separate inspection or Report that addresses the structural integrity of the property. 3. 1 understand that all repairs identified as necessary through the HQS Inspection must be completed before the date of closing, as a condition of participation in this program. The repairs may be undertaken through agreements with the seller, or through other means determined to be acceptable in consultation with the City of Round Rock. Follow up inspections will be required to assure that necessary repairs identified in the initial HQS inspection are completed satisfactorily. Purchased Property: Applicant Signature Date Revised 12123100 City of Round Rock HOAP page 7 Buyer/Seller Certification of Purchase HOAP Down Payment Assistance Program Program Year 2000 —2001 Date: Property Being Sold: Buyers Intent To Purchase I (Buyer)am a private individual interested in purchasing the property located at the above identified address. Please note that I will be applying for federal funds provided under the Down Payment Assistance Program, funded through the City of Round Rock. Although,federal funds may be involved in this transaction, you (Seller) understand that I do not have authority nor will I attempt to use the threat of eminent domain if we cannot reach a mutual agreement on the sale of the property. I understand approval of this certification by all parties is a condition to receiving City of Round Rock Down Payment Assistance. Sellers Certification Of Conditions (Seller)am the owner of the above identified property and am voluntarily selling the property of my own free will. I certify that the last occupant of the property was not displaced in order to place the property for sale therefore, no displacement has occurred. I understand you (Buyer)will not evoke the threat of eminent domain and therefore I am not eligible for assistance under the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. In addition, I recognize the right of the Buyer to withdraw from the escrow contract with no penalty if the Buyer is not approved for this assistance. (Seller) certify the property meets one of the following conditions (check one): ( ) Currently is or last occupied by myself before I placed it on the market to sell ( ) Had a previous tenant who moved out voluntarily when their lease expired or was evicted for due cause before the property was placed on the market ( ) Is being sold to the current tenant ( ) Is real estate owned by this institution which was vacant before a contract of sale was accepted Buyers/Sellers Acceptance And Authorization Of Intent To Purchase As witnessed by our signatures below, the Buyer and Seller of the above identified property, do acknowledge and accept the conditions as set forth in this certification document. We attest to the accuracy of the statements provided. We agree that the sale price offer of$ has been determined as the fair market value of the subject property, based on the unforced willingness of the Seller to sell and the unforced willingness of the Buyer to buy the subject property at the price so indicated. Buyer: Co-Buyer Date: Seller: Co-Seller Date: WARNING: Title 18, Section 10001 of the U.S. code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the United States Government. Revised 12/23/00 City of Round Rock HOAP page 8 Certification/Application Affidavit HOAP Down Payment Assistance Program Program Year 2000 —2001 Submit affidavit with original signatures to this program I (We) hereby submit the information contained in the attached Uniform Residential Loan Application, tax returns, and other furnished documents to be considered for the Round Rock Home Ownership Down Payment Assistance Program. Under penalty of law, I certify the home being purchased is located at , Round Rock, Texas and the information contained in all required and signed program related documents being submitted is true and correct. I further certify that: 1. The house I am (or,we are) purchasing is not a duplex or mobile home; 2. The house I am (or,we are)purchasing is located within the Round Rock city limits; 3. Neither I nor the Co-Applicant have owned a home in the last 3 years; 4. The house I am (or, we are)purchasing will be my(our) primary place of residence for five years; and 5. The following is a list of all persons who will be occupying the home after closing: Name Age Relationship Gross Mo. Income The undersigned agrees to release whatever information the State Attorney General determines to be publicly available. The undersigned agrees to allow the City and/or its designee, financial institutions, and other appropriate institutions to share information contained in this or their file for the purpose of Down Payment Assistance eligibility and related business. I understand that any discrepancy or omissions later found may disqualify me. If such a discrepancy or omission is discovered after closing, I understand that any financial assistance provided by the City of Round Rock may become due and payable. Applicant Date Co-Applicant Date RACE/NATIONAL ORIGIN: RACE/NATIONAL ORIGIN: American Indian American Indian Afro-American Afro-American Anglo Anglo Asian Asian Hispanic Hispanic Other Other Male Female Male Female DISABLED DISABLED Yes No Yes No Yes No Yes No WARNING: Title 18,Section 10001 of the U.S. code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the United States Government. Revised 12123/00 City of Round Rock HOAP page 9 Counseling Affidavit Program Year 2000 —2001 Applicant Name: Property Address: Lending Institution: Counseling Agency: Type of counseling provided: Pre Purchase Date: Post Purchase Date: Credit/Budget Date: Counseling Agency Type of counseling provided: Pre Purchase Date: Post Purchase Date: Credit/Budget Date: Agency signature: Date: HUD approved Counseling agencies that provide counseling services: Life Works Consumer Credit Counseling Service 1221 West Ben White,Office No. 108A Austin,TX 78704 Phone: 512-447-0711 Fax: 512-444-2025 Type of Counseling: pre-purchase,post-purchase,default,budget1credit Legal Aid of Central Texas Acorn Housing Corporation(') 205 West 9`"Street,Suite 200 2132 Alpine Street Austin,TX 78701 Austin,TX 78704 Phone: 800-369-9270 Phone: 512-444-1207 Fax: 512-476-3940 Fax: 512-444-1315 Type of Counseling: pre-purchase,default Type of Counseling: pre-purchase,default,foreclosure (')not HUD approved,but affiliate of one of the HUD funded National Intermediaries Revised 12123/00 City of Round Rock HOAP page 10 Counseling Agencies in Austin Acorn Housing Corporation Austin Tenant's Council 213 Alpine Street 1619 East Cesar Chavez Austin, TX 78704 Austin, TX 78702 512-444-1207 512-474-7006 512-444-1315 fax 512-474-0197 fax Type of Counseling: Pre-purchase, Type of Counseling: Rental Default/Foreclosure Legal Aid of Central Texas Lifeworks 205 West gth Street, Suite 200 1221 W. Ben White Blvd., Suite 800-369-9270 108A 512-476-3950 fax Austin, TX 78704-6888 Type of Counseling: Pre-purchase, 512-447-0711 Rental„Default/foreclosure 512-444-2025 fax Type of Counseling: Consumer Credit Counseling Central Texas Homeward Bound Texas Department of Housing and 4631 Airport Blvd., Suite 127 Community Affairs (TDHCA) Austin„ TX 78751 507 Sabine, Suite 900 512-459-6636 Austin, TX 78711-3974 512-453-8966 fax 512-475-1207 Type of Counseling: Pre-purchase 512-475-3992 fax Type of Counseling: Default/foreclosure, Rental, Pre- purchase NAACP Community Development Resource Center 2209 Rosewood Ave. Austin, TX 78702 512-477-5541 512-477-9820 Type of Counseling: pre-purchase Revised 12123/00 City of Round Rock HOAP page 11 City of Round Rock HOAP Application Processing Program Year 2000-2001 HOAP application processing time Properly completed application received by Office of Community Development HOAP program. Incomplete application will not be processed. I ' Up to 5 working days for City to: Determine eligibility. Issue Certification of Eligibility. Request the following: 1. Appraisal and written confirmation of Loan Approval; 2. Completed Document and Check Request Form with Schedule A, B, and C. Response time—Applicant's Appraisal, Written confirmation of loan approval, Lender Schedules A, B, and C, and completed Document and Check Request Form received by HOAP Administration Request for Deed of Trust, Real Estate Lien Note, and Down Payment Assistance check Ten Working Days Required HOAP check and closing documents received Final HUD —1 Settlement Statement must be approved by HOAP Administration prior to releasing HOAP check and documents NOTE: CASH BACK TO BORROWER NOT PERMITTED! Revised 12123/00 City of Round Rock HOAP page 12 DATE: January 19, 2001 SUBJECT: City Council Meeting—January 25, 2001 ITEM: I O.A.1. Consider a resolution amending the guidelines and criteria for the City of Round Rock Home Ownership Assistance Program (HOAP). The down payment assistance program is funded by Community Development Block Grant money. The program guidelines have been amended for clarification of application requirements. Resource: Joe Vining, Planning Director Mona Ryan, Community Development Coordinator History: The original guidelines and criteria for the down payment assistance program were adopted by the Council on April 22, 1999. R-99-04-22-1 OB 1 is attached. Funding: Cost: $100,000 Source of funds: Community Development Block Grant Outside Resources: US Department of Housing and Urban Development Impact: Amendments include: • An increase in the maximum sales price of a home from $113,925 to $133,000; • Increased maximum household income limits; • Clarification of allowable financing • Additional document requirements for determining eligibility. Benefit: The down payment assistance program provides a financial resource to income eligible low and moderate income families in Round Rock who need help with down payment and closing costs associated new home purchases. Public Comment: Not required Sponsor: Community Development Department