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a) In general, lending institutions require that funds must be seasoned (on deposit in a <br />financial institution) for a minimum of three months prior to the initial date of the <br />application with documentation showing these funds are available for use as down <br />payment. <br />b) Funds must be placed into escrow prior to close of escrow and proof of availability of <br />funds provided to the City's Program Agent before close of escrow. <br />17. Buyers purchasing homes through the PHAP Program may use forms of secondary down <br />payment financing from the City -approved subsidy sources. <br />18. The City will not provide any direct financing, and buyers must qualify independently for <br />mortgage financing to purchase the homes. However, buyers may apply separately for <br />second mortgage assistance through the Pleasanton Down Payment Assistance Loan <br />(PDALP) program. Review of the PDALP application will be conducted separately from <br />consideration of the Eligibility and Financing Application. Approval of PDALP financing in <br />conjunction with the PHAP program will be based on the applicant's demonstrated financial <br />need. <br />19. Applicants may be gifted funds in an amount not to exceed 15% of the purchase price, plus <br />closing costs as evidenced by a gift letter which must be submitted at the time of the PHAP <br />application submittal. <br />Restrictive Covenant Requirements <br />20. Applicants must agree to occupy the property as the principal place of residence for at least <br />ten (10) months of each calendar year. The property and improvements must be maintained <br />in good condition and repair throughout the period of ownership. The property and any part of <br />it may not be subleased. <br />21. Applicants must agree to comply with the Restrictive Covenants recorded on the BMR home <br />which, among other things, will restrict the sale of the home to other eligible age -qualified <br />purchasers at a maximum resale price determined by the City in accordance with these <br />guidelines. The Applicant shall execute a Promissory Note and Performance Deed of Trust to <br />capture any Excess Proceeds received in the case of an ineligible transfer of the property. <br />The Restrictive Covenants shall remain in perpetuity and the Note, and Performance Deed of <br />Trust shall remain so long as Applicant owns the BMR home. <br />22. Applicants must agree to the City's subordination and refinancing conditions which generally <br />prohibit the take out of equity or appreciation. Refinancing is limited to reduction of an interest <br />rate or more favorable or lower payment terms. Only the existing balance of the loan may be <br />refinanced and up to 2% for non-recurring closing costs. <br />23. The resale price will be based on adjustments (increases and decreases) in the Area Median <br />Income (AMI) annually by U.S. Department of Housing and Urban Development (HUD). The <br />formula for determining the maximum resale price shall also include an allowance for <br />reasonable closing costs and marketing expenses as determined periodically by the City. <br />4 of 6 <br />