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43-95 HOME Program
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43-95 HOME Program
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Last modified
5/14/2013 3:12:22 PM
Creation date
10/17/2007 10:01:34 AM
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Office Of Council
Document Type
Ordinances
Date
10/17/2007
Date Adopted
5/1/1995
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<br />( <br /> <br />conducted, at its expense, and require each Eligible Borrower acquiring a two-family structure <br />to participate in, landlord counseling. <br /> <br />I) Whenever possible, amortize private mortgage insurance and closing costs <br />over the tenn of the First Mortgage Loan. <br /> <br />J) Exclude the Consortium HOME Loan from the debt ratio guidelines for <br />underwriting activity purposes with respect to the related First Mortgage Loan. <br /> <br />K) Upon the City's perfonnance of the services contained in Section 3 hereof <br />that must be completed in order to disburse, for each Eligible Borrower, aFirst Mortgage Loan <br />and a Consortium HOME Loan, and upon the execution of all Loan documents and receipt of <br />a fully completed Request for Disbursement, disburse, or cause to be disbursed, the proceeds <br />the First Mortgage Loan of such Eligible Borrower to the title company in accordance with the <br />standard operating procedures of the Participating Bank. <br /> <br />SECTION 5. UNDERWRITING GUIDELINES <br /> <br />A) Nothing contained herein shall require the Participating Bank to deviate <br />from its normal consumer lending underwriting guidelines for purchase money fIrst mortgage <br />loans, including, but not limited to, reviewing the creditworthiness of any potential Eligible <br />Borrower, appraising the Eligible Property andlor detennining whether to grant or deny a First <br />Mortgage Loan to such party. The Participating Bank agrees that two (2) employees of the <br />Participating Bank shall each independently review the application of each potential Eligible <br />Borrower prior to denying a First Mortgage Loan to such potential Eligible Borrower. All <br />detenninations made by the Participating Bank concernîng whether to grant or deny a First <br />Mortgage Loan shall be fmal and unreviewable by the City or the Consortium. <br /> <br />B) The Participating Bank shall have no duty, responsibility or liability to <br />review any loan application of a potential Eligible Borrower andlor grant a First Mortgage Loan <br />to any natural person or persons who does or do not satisfy items 1) through 5), inclusive, of <br />the defInition of an Eligible Borrower. <br /> <br />SECTION 6. PROFITS. LOSSES. COSTS AND SERVICING <br /> <br />A) The Consortium, the City and the Participating Bank each hereby <br />acknowledges that there shall be no sharing (a) by the Consortium and the City with the <br />Participating Bank and (b) by the Participating Bank with the Consortium and the City of any <br />profIts, losses and costs, (including, but not limited to, costs of collection and attorneys' fees) <br />attributable to each of the Loans referred to herein. The Consortium and the City acknowledges <br />and agrees that all documents evidencing a First Mortgage Loan and executed by an Eligible <br />Borrower shall be written in the name of the Participating Bank, and the Consortium and the <br />City shall have no right, title or interest therein, notwithstanding the provisions of Sections 4(F) <br />and (G). The Participating Bank acknowledges and agrees that all documents evidencing a <br /> <br />6 <br />
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