04/1993
MONROE COUNTY HOUSING AUTIIORITY
P. O. BOX 2476 KEY WEST, FLORIDA 33040 305296-5621
Board of Commissioners:
Greg Goebel
Glenwood Lopez
Dermis J, Wardlow
Mona Chase
Rose Biero
Director:
Henry V. Haskins. P.H.M.
MEMORANDUM
The attached are those documents referenced within the Monroe County
Resolution establishing and implementing an Elderly Homeowner
Rehabilitation Program Policy. The four items are:
Anti-Displacement and Relocation Policy for the County of Monroe
Fact Sheet - Elderly Homeowner Rehabilitation Program (EHRP)
Design
Promissory Note - Elderly Homeowner Loan Program
County of Monroe, c/o Monroe County Housing Authority, Elderly
Homeowner Loan Program Mortgage Deed
ANTI-DISPLACEMENT
AND RELOCATION
POLICY
FOR THE COUNTY OF MONROE
Reference: Tenant Assistance, Relocation and
Real Property Acquisition Plans.
TABLE OF CONTENTS
I. Displacement Avoidance Policy
II. Definitions
a) Standard Condition
b) Substandard Condition
Suitable for Rehabilitation
Displacement Policy and Procedures
III.
IV.
V.
VI.
VII.
VIII.
Permanent, Involuntary Displacement
A) Provisions for One-on-One Replacement
B) Provisions for Relocation Assistant
for Residential Displacement.
C) Provisions for Non-Residential
Relocation.
Temporary, Voluntary Displacement
and Relocation.
Permanent, Voluntary Displacement
and Relocation.
Tenant Assistance Policy
Federal Rental Rehabilitation Program
Displacement of Homeowners
Appeals/Counseling
County of Monroe
TENANT ASSISTANCE, RELOCATION & REAL PROPERTY ACQUISITION PLAN
1. Displacement Avoidance Policy.
The County of Monroe is cOInnli tted to a policy to ',- make
all reasonable efforts to ensure that activities undertaken
through the use of Community Development Block Grant (CDBG)
and/or other federal funding will not cause unnecessary dis-
placement or relocation. Such federally funded programs will
be administered in such a manner that careful consideration
is given during the planning phase with regard to avoiding
displacement. The County will also provide information to
and keep citizens involved in the process regardiug pending
land use changes, zoning and rezoning actions that threaten
the preservation of residential areas. Involuntary
displacement shall be reserved as a last resort action
necessitated only when no other alternative is available and
when the activity is determined necessary in order to carry
out a specific goal or objective that is of benefit to the
public. In this case, community development and housing
programs will be planned in a manner which avoids
displacement of households or business.
However, "voluntary" displacement (temporary or perma-
nent) may be necessary in order to achieve a benefit to a
household or business (such as rehabilitation or replacement
of the building). Such benefits shall be identified and
requested by the displacee. Voluntary displacement may also
occur when a property owner voluntarily offers his home or
business property for sale to the County. In these cases,
the seller may be required to waive rights as a condition of
sale of the property, and the Uniform Relocation Act
provisions will govern actions of the County and/or its
representative. 24 CFR Part 570 is a governing document on
displacement and is incorporated by reference. 49 CFR' Part
24 provides Uniform Relocation Act information and is
incorporated by reference. As pertains to the County's
tenant Assistance, Relocation and Real Property Acquisition
Plan, the U.S. Department of Housing and Urban Development
Handbook #1378, September, 1990, shall be adopted in its
entirety.
II. Definitions of "Standard" and "Non-Standard Suitable for
Rehabilitation" Dwelling Unit Condition.
In the absence of federal and state provided defini-
tions, the following is provided to establish a frame of
reference and context when dealing with matters of displace-
ment and/or relocation as defined in 24 CFR Part 570 and 49
CFR Part 24.
A. Standard Condition
A dwelling unit is considered standard if it has no
major defects or only slight defects which are correctable
through the course of regular maintenance. It must be in
total compliance with applicable County housing and occupancy
codes; be structurally sound, watertight and in good repair;
be adequate in size with respect to number of rooms and area
of living space and contain the following:
1. A safe electrical wiring system adequate for
lighting and other normal electrical devices.
2.
A separate, well-lighted and ventilated
that provides user privacy and contains
commode, and bathtub or shower stall.
bathroom
a sink,
3. An appropriate, sanitary and approved source of hot
and cold potable water.
4. An appropriate, sanitary and approved sewage drain-
age system.
5. A fully usable sink in the kitchen.
6.
Adequate space
refrigerator.
and service connections for a
7. An unobstructed egress to a safe, open area at
ground level, and
8. Be free of any barriers which would preclude
ingress or egress if the occupant is handicapped.
Failure to meet any of these criteria automatically
causes a dwelling to not be considered "standard."
B. Substandard Condition Suitable for Rehabilitation
A dwelling unit is considered substandard if it does not
fully comply with the standard criteria,' or has minor de-
fects which require a certain amount of correction but can
still provide safe and adequate shelter or has major defects
requiring a great deal of correction and will be safe and
adequate once repairs are made.
To be suitable for rehabilitation, a trained housing
specialist must carefully inspect the dwelling and prepare a
work write-up of repairs necessary to bring it up to standard
condition. A cost estimate of repairs will be prepared based
on the needs identified in the work write-up. If these costs
are equal to or less than 65% of the value of a comparable
replacement unit as obtained from more than one licensed
contractor, the dwelli~g from more than one li~ensed con-
tractor, the dwelling will be considered suitable for
rehabilitation. If the predicted cost exceeds 65%, the unit
will be deemed unsuitable.
This criteria is arbitrary, however, and the County Com-
mission may authorize deviations based on the unique aspects
of each dwelling, owner, tenant, etc. on a case by case
basis. Each deviation so approved must be thoroughly
documented.
Displacement Policy and Procedures
III. Permanent, \ Involuntary Displacement
The County will provide reasonable relocation assistance
to persons (families, individuals, businesses, nonprofit
organizations, displaced (moved permanently and
involuntarily as a result of the use of CDBG/federal
assistance to acquire or substantially rehabilitate property.
Assistance to displaced persons may include:
a) Payment for actual moving and relocation expenses
documented by receipts and/or vouchers from service
providers and utility companies. The documents
hall be submitted prior to the disbursement of
payment. I
b) Advisory services necessary to help in relocating.
c) Financial assistance sufficient to enable the
displaced person to lease and occupy a suitable,
decent, safe and sanitary replacement dwelling
where the cost of rent and utilities does not
exceed 30 percent of the household gross income of
a family earning 80 percent of the median income
for the jurisdiction.
A.
Provisions for One-on-One Replacement
, !
All
years of
relating
ments:
The County will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to use other than as low/moderate-income housing as
a direct result of activities ,assisted with'funds provided
under the Housing and Community Development Act of 1974, as
amended, and as described ,in 24 CFR Part 570. Replacement
low/moderate-income units may include public housing or ex-
isting housing receiving Section 8 project based-assistance. I
i
replacement housing will be provided within three
the commencement of the demolition or rehabilitation
to conversion and will meet the following require-
I
1. The units will be located witrrin the County.
2. The units will meet all applicable County housing,
building, and zoning ordinances and will be in
standard, or better, condition.
3.
The units will be designed to
income dwelling units for at
date of initial occupancy
tenant only).
remain low/moderate-
lest 10 years from the
{applies to initial
4. The units will be sufficient in size and number
(functionally equivalent) to house at least the
number of occupants who could have been housed in
the units that are demolished or converted.
Before obligating or expending CDBG/federal funds that
will directly result in such demolition or conversion, the
local government will make public and submit to the Florida
Department of Community Affairs and/or the u.s. Department of
Housing and Urban Development the following information in
writing:
1. A description of the proposed assisted activity.
2. The general location on an area map including
approximate number of dwelling units by size
(number of bedrooms) that will be demolished or
converted to a use other than low/moderate-income
dwelling units.
3. A time schedule for commencement and completion of
the demolition or conversion.
4.
The general
approximate
(number of
replacement
location on a service area map and
number of dwelling units by S1ze
bedrooms) that will be provided as'
units.
5. Identification of the source of funding at the time
of submittal and the time ~rame, location and
source for the replacement dwelling unit.
6. The basis for concluding that each replacement
dwelling unit will be designed to remain a
low/moderate-income dwelling unit for at least 10
years from the date of initial occupancy.
7. Information demonstrating that any prqposed
replacement of a unit with a smaller unit is con-
sistent with the housing needs of LMI persons in
the jurisdiction.
B. Provisions for Relocation Assistance for Residential
Displacement.
The County will provide relocation assistance~ as de-
scribed in 24 CFR Part 570, to each low/moderate-income
household involuntarily displaced by the demolition of
housing or by the conversion of a low/moderate~income dwell-
ing to another use as ~ di~ect result ofCDBG/fede~ally
assisted activities. Persons that are relocated are entitled
to:
1. A choice between actual reasonable moving expenses
or a fixed expense and dislocation allowance.
2. Advisory services.
3. Reimbursement for reasonable and necessary security
deposits and credit checks.
4. Interim living costs, and
5. Replacement housing assistance which may include a
Section 8 housing voucher/certificate and referral
to assisted units; cash rental assistance to reduce
the rent an utility cost or lump sum payment equal
to the present value of rental assistance install-
ments to be used toward purchasing an interest in a
housing cooperative or mutual housing association
for a period up to 60 months (5 years).
C. Provisions for Non-Residential Reloc~tion
Businesses, non-profit organizatio~s, etc., shall not be
relocated unless the move 'is voluntary, essential to the
project from the public view, and the owner waives his/her
rights under the Uniform Act except for the following relo-
cation assistance:
1. Actual moving and reasonable reestablishment
expenses not less than $1,000 nor more than $20,000
equal to a prorata share for the period of inter-
ruption of operations of the average annual net
earnings. Average annual net earnings are one half
of the entity's net earnings before taxes during
the two taxable years immediately prior to the
taxable year it was displaced.
2. No other benefits will be provided and a signed
waiver acknowledging that fact will be required.
IV. Temporary, Voluntary Displacement and Relocation.
A. Persons occupying housing which is to be rehabilitated
using CDBG/federal funds must voluntarily agree to inclusion,
in the program and shall vacate the housing at the direction"
of the County (or its designed agency), in order to
facilitate the safe, timely and economical rehabilitation
process.
B. A moving allowance of $300 will be provided each family
unit so displaced. This allowance wiLl be provided in two
payments of $150 each on move out and move back in.
C. The County may provide a safe, decent and sanitary
housing unit for use as temporary relocation housing. The
unit shall be available free of cha~ge to temporarily
displaced households for the time period authorized by the
County's designated agency" generally for the period of
rehabilitation construction. 'Households' who occupy the unit
shall have a $75 refundable deposit withheld from their
initial moving allowance payment. This deposit shall be
refunded in full immediately after the relocation unit is
vacated in a clean and undamaged condition. The deposit
refund shall be denied in full or in part for paymeqt of
damages to the owner/lessee due to the occupants', (a)
failure to properly clean or maintain the unit, (b) physical
damage to the unit, (c) loss of keys to the units, or (d)
need for any special condition such as fumigation. A $25 per
day penalty may also be assessed for the household's failure
to properly vacate the relocation unit when directed to do s
by the County's designated agency.
D. A storage allowance of up to $150 will be provided each
family unit displaced if storage is necessary and essential
to the move.
E. Insurance cost of up to, $100 for the replacement yalue
of the household property in connection with the move will be
provided each family unit displaced if storage is necessary
and essential to the move.
V. Permanent, Voluntary Displacement and Relocation.
If it is determined by the County ithat occupants of a
dwelling should be permanently relocated, and the occupants
voluntarily consent, the gove~nment will; assist in the relo-
cation to a decent, safe and sanitary dwelling unit. Bene-
fits, if provided, will be limited to increases in monthly
housing costs incurred by the occupant in an amount equal to
the lesser of 60 times the increase or 30 percent of the
person's annual income. 24 CFR Part 570 must be consulted to
determine specific limitations.
VI. Tenant Assistance Policy/federal Rental Rehabilitation
Program.
A. It is not the local government's policy to displace
families in rental units. participating landlords will be
required to warrant that the proposed rehabilitation will not
cause any tenant to be permanently displaced unless the owner
will be able to relocate the tenant displaced in accordance
with HUD relocation criteria. Rental Rehabilitation funds
will not be used to rehabilitate the structures if the reha-
bilitation will cause the permanent displacement of LMI
families.
B. If it becomes necessary for an owner to temporarily move
a tenant from a unit as a direct result of rehabilitation
assisted through rental rehabilitation funds, the oWners will
assure that the tenant is offered a decent, safe and sanitary
dwelling unit at an affordable rate as described in the
applicable regulations. No tenant will be considered
displaced if the owner has offer~d the tenant a decent, safe,
sanitary and affordable unit and the tenant has declined the
offer.
c. Should temporary displacement become necessary for a LMI
family as a ~esult of the rental rehabilitation assistance,
the owner will assure that tenants are provided the necessary
financial assistance, information, counseling, referrals and
housing location options regarding Federal Fair Housing
rights in accordance with the County's FaIr Housing Ordinance
and other relocation services as needed without regard to
race, color, religion, sex, familial status, age, handicap or
national origin, so as to enable the family to obtain decent,
safe and sanitary housing at an affordable rent.
D. The Housing Authority at the County of Monroe shall
provide federal preference to any qualified LMI family, sub-
ject to relocation. Where Section 8 Housing vouchers are
available, such preference will apply.
E. Where required compensation to obtain replacement hous-
ing shall not exceed $3,000 threshold. Should such projected
compensation to the tenant exceed this threshold, considera-
tion shall be given to not performing the demolition rehabil-
itation which would cause the displacement.
VII. Displacement of Homeowners
When rehabilitation of the ,dwelling is ~otfeasible of
cost effective, demolition of house with CDBG/federal funds
may be considered, only as a voluntary action by the home-
owner.
Although homeowners have a right to assistance as pre-
viously 'discussed, CDBG/federal funds available for reloca-
tion assistance are limited. Therefore, financial assistance
shall not exceed that described in acqordance with 49 CFR
24.401, and the regulations under u.S. HUD Handbook 1378.
VIII. Appeals/Counseling
A. If a claim for assistance is denied by the County, the
claimant may appeal where applicable to either the State of
Florida or u.s. Department of Housing and Urban Development,
and their decision shall be final unless a court determines
the decision was arbitrary and capricious.
B. Counseling will be provided to displacees in the areas
of household finance, fair housing rights, real estate
transactions, and locating and evaluating replacement housing
options. Counseling shall be provided by the County or its
designated agency.
To permanently displaced households to ensure that:
1. No person is discriminated against based upon age, race,
color, religion, sex, handicap, familial status,
national origin, or presence of children in the house-
hold.
2. Displacees receive information concerning the full range
of housing opportunities within the local housing
market.
(DOC:CDBG/County:ANTIDISP/RELOC)
FACT SHEET
ELDERLY HOMEOWNER REHABILITATION PROGRAM (EHRP) DESIGN
The Elderly Homeowner Program provides financial
assi stance to an average of $16,000 per dwelling to Elderly low to
very low income home owners to rehabilitate their homes.
The program offers homeowner the following benefits:
1. I nter'est f r.ee f i nanc i ng.
2. Incr'eased cash f I ow and pr.operoty val ues.
3. Tax advantages.
4. Lower maintenance costs.
5. Leveraging with other local rehab programs
The Program has the following property eligibility re-
qui r.ements:
1. Pr.oper.t i. es must be I oc ated in the lIlin:aqx>rata:l areas of M:rn:'Oe Canty.
2. 50% of the residents are 62 years of age or older
3. Meet income guidelines (attached) - applicant shall be
very low or low income.
If your property meets these requirements, you may apply
to participate in this Rehabilitation Program. Owners will
select licensed contractors of their choice to perform the
work. The rehabilitation work will be inspected by Program
staff to ensure quality and compliance with the Program's
minimum standards after rehabilitation. Contractor's work
write-up and cost estimate must be reviewed and approved by
the Special Programs Office (SPO), Monroe County Housing Authority.
Eligible project costs include construction costs, any
required architectural and engineering costs, soft costs
include title insurance and recording fee.
~L I G I BLE AHE;ES
F'r'oper't i es wi th in the unincorporated areas of the county.
S.LI!.:3 I BLE PROFERT I ES
\ I
1. Owner/occupied (for term of Loan)
2. Owner shall be very low or low income (HUe standards)
3. Family composition of household must be 50% elderly
4. Requi r.ed r'ehab i I i tat i on must meet "substantial rehabilitation
criteria," and/or appropriate EHRP standards.
1
~!= I G I BLE IMPROVEMENTS
Substantial rehabilitation work items are defined according
to program priorities established by the Rehabilitation
Program. A priority system has been established to identify
and clarify mandatory work items and other work items which
address program goals. The priority system includes the
following four improvement categories:
~ateqor'y A:
County Code items that threaten the health and
safety of residents (e.g., basic structural,
mechanical, electrical and plumbing systems).
Ca~or.y_B:
Those items which are code deficiencies, but
are not threatening health and safety, or that
are incipient violations (major systems in
danger or failure, e.g., a hot water heater
that is properly vented, but is within a year
or two of its life expectancy).
~a1;eqor'y c:
Items
r'el ated
to
weather.i z at ion
and
Cateqor.y D :_
Other' items deemed el i 9 i b 1 e by the SPO, Monroe
County Housing Authority.
interior and exterior painting;
security measures;
others considered on a case-by-case basis.
F I NAN~Lfl~ SUBS I DY MEeHAN I 51"1:
Appr'oved pt-'ojects ~-.ji ll........r-ecei ve an el der'l y homeowner' d(~fer'r'ed
loan of up to $16,000. The form of assistance to the bene-
ficiary shall be a deferred loan. If the housing unit
rehabilitated under this program is inherited by the owner's
immediate family, the deferred loan shall continue in force
as long as the immediate family lives in the housing unit and
is of low income or very low income. Five years after
completion of the rehabilitation, the balance due on a
deferred loan made to a very low income person, if not
previously repaid, shall be reduced by 20 percent per year
until the balance due is reduced to zero. If the owner does
not comp I y wi th these condi ti ons, then the loan, wi 11 be due
and payable in full. \
2
PRIORITY FOR PROCESSING
Applications will be reviewed on a first-come, first-serve
basis. The SPO will consider the property and owner
characteristics in setting priorities for processing per
program requirements and the financial feasibility of the
required rehabilitation.
SELECTION CRITERIA
In approving ~pplications, the CDO will
based on the following criteria:
evaluate projects
REPAIR/RESTORATION
1. Stl'"ouctul'"'al Deficiencies
Foundation, Floor Joist, Roof System
2. Mechanical System Deficiencies
Plumbing and Electrical
3. Other Safety Improvements
Locks, smoke alarms, window types, door types
4. Health Items
Enclosed food storage
Operable refrigeration
Operabl~ food preparation (range gas/electric)
5. Weatherization Items
a. Minor interior surface repairs to stop air
in'filtl'"oation including: wall, ceiling and flool'"o
I'"oepai ros, anel the install at i. orl C) of el ectl'"' i cal out 1 et
and witch gaskets
b. Caulking
c. Weathel'"o-stl'"- i pp i ng
d. Thl'"oeshol ds
e. Shower flow controllers
f. Electric water heater blanket and 3-feet hot water
pipe insulation
g. Glass repair and glazing
h. Glass replacement
i. Exterior door repair
j. Minor exterior wall repair/patch
k. Minor roof repair/patch or roof sealer for mobile
homes
1. Attic insulation and duct wrap
m. Door replacement
n. ~1Ji ndow I'"'ep 1 acement
o. Insulation of perimeter wall with exposed interior
studs
p. Floor insulation and duct wrap
q. BURNER REPLACE~ENT
r. Modification of the flue ignition system.
3
6. Handicap facilities
E:,: t sr- i or- r. amp 5
Enlarged exterior/interior door openings
Bathroom fixtures
Food preparation area
APPLICANT
1. Ver-y-Iow i ncome/handi cap
2. Size of Household
3. Percent of Owner equity
4. Leveraging - loan as a percentage of total
tion cost.
r'ehCl.b i l. i ta-
5. Minimizing displacement - percent of household requiring
temporary relocation.
PROJEC"LJ:;;g?T~LJ.:lt:!!L.blNDEF:;:WR I T I NG CR I TER I A
1. The average
I,o\-.Jevet.. , ~-.Jher'e
r'ehab i I i. tat ion
SHIP, HOME
Ac t. . )
deferred loan under this program is $16,000;
eligiblf-:?, par.ticipation in other' county-wide
pr'ogt-'Cl.ms is encour'aged (i. e. ,
Fund, Weatherization, Community Re-investment
lhe purpose of participation in other local. rehabilitation
programs will allow specific applications to be financially
feasible based on t.he economics of the Key West cost-of-
I i vi ng i nt1e:.: .
MINIMUM OWNEF:;: REQUIREMENTS
1. 25% Equi ty
2. Fire and Windstorm Insurance equal to all indebtness
4
ELDERLY HOMEOWNER REHABILITATION PROGRAM
MONROE COUNIY HOUSING AU'IHORIlY
SPECIAL PROGRAMS OFFICE
RESIDENT PROFILE
*************************************************************
THIS FORM MUST BE COMPLETED WITH EACH APPLICATION.
F\:e-:5i dent N2f_me
Resident Address
Phone No.
Monthly Mortgage Amount
Estimated Annual Income $
Household Characteristics
Number of persons in household
Ages
5e:<
Male
Female
Undet., 3 '-le,:;._r's
3 - 17 year"::;
18 - 62 ye2f.r" s
Over' 62 year's
Ethnic BacKqrOund
Black
Whit;=.-
Hi ':sparl i c
Ot her'
Female Head of Household
Y.:::?-=,
No
Handicapped - Yes
No
Resident Description
Total Number of Rooms
Number of Bedrooms
Bathr"ooms
lQ
~
COUNTY OF MONROE
ELDERLY HOMEOWNER REHABILITATION PROGRAM
PERSONAL FINANCIAL STATEMENT
SECTION A . INDIVIDUAL INFORMATION (Type n, p..nll SECTION B . OTHER PERSON INFORMATION !Type 0' P,;n1l
Nama Name
Residence Address Residence Address
City, State & Zip City, State & Zin
Position or OccuDation Position or Occuoation
Buslne.. Name Business Name
Business Address Business Address
City. State & Zio City, State & Zip
Res Phone Bus Phone Res Phone Bus Phone
SECTION C . STATEMENT OF FINANCIAL CONDITION AS OF 19
--
NOTE: Please check Box A if an assel or liabihty listed below is held by YOll,ndividUlllly, Check Box B if an asset or liability listed below is held by the
other person named in Section B above, Check both Box A and B if an asset or Iiabilitv hsted below is held bv vou iointly with another person,
A B ASSETS In Dollars A B LIABILITIES In Dollars
(v) (v) 100 not include Assets of doubtful valuel (Omit cents) (v) (v) (Omit cents)
Cash on hand and in banks Notes oavable to banks. secured
U,S, Gov'!. & Marketable Securities See Schedule A - Notes ollvable to banks. unsecured --
Non.Marketable Secullties.See Schedule B Due to brokers .-.--"--
Securities held by broker in maram accounts Amounts oayable to others. secured -,_.-
Restricted or control stocks Amounts payable to others. unsecured
Partial interest in Real Estate Equities. Accounts and bills due
, see Schedule C Unpaid income tax
Real Estate Owned. see Schedule 0 Other unoaid taxes and interest
Loans Receivable Real estate mortgages payable.
Automobiles and other oersonal orooertv see Schedule D
Cash value,li'e insurance. see Schedule E Other debls . itemize: Utilities per year
Other assets - itemize: Water Der month per year
Electric oer month oer vear
Sewer oer month oer vear
Insurance Der month per year
TOTAL LIABILITIES
NET WORTH
TOTAL ASSETS TOT AL L1AB AND NET WORTH
SOURCES OF INCOME FOR YEAR ENDED . 19 PERSONAL INFORMATION
Salarv S Do you have a will? if so, name of executor.
Bonuses & Commissions S
Real estate income Are you a partner or officer in eny other venture? If so, describe
Other income (Alimony, child suooort. or seoarate maintenance
income need not be revealed if YOU do not wish to have it Are you obligated to pay alimony, child support or separate
considered as a basis for reoavina this obhaation) S maintenance payments? If so. describe.
Are any assets pledged other than as described on schedules? If so
TOTAL $ describe,
CONTINGENT LIABILITIES
00 you have any contingent liahilities? If so. describe. IInclude any Income tax settled throuah (datel
lsatisfied judgments within 20 years) Are you a defendant in any suits or legal actions?
As endorser, co. maker or auarantor? $ , Personal bank accounts carried at:
On leases or contracts? $
Leaal claims S
Other soecial debt S Have you ever been declared bankrupt? If so, describe,
Amount of contested income tax liens $
"r\
--
Numbe! ~f Shares Are These Market
or F.lIce Value (Bondsl Description In Name of Pledged7 Value
"
SCHEDULE /' U S GOVERNMENTS & MARKETABLJ:" ~ECURITIES
Address & Type Title In % Of Date Cost Market Monthly Mortgage
Of Property Name Of Ownership Acquired Value Payment Amount
SCHEDULE C - PARTIAL INTERESTS IN REAL ESTATE EQUITIES
Address & Type Title In Date Cost Market Monthly Mortgage
Of Property Name Of Acquired Value Payment Amount
t= .
.
SCHEDULE D - REAL ESTATE OWNED
Name & Address Credit In Secured Or Original High Current
Of Lender The Name 01 Unsecured 7 Date Credit Balance
SCHEDULE F - BANKS OR FINANCE COMPANIE~; WHERE CREDIT HAS BEEN OBTAINED
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SCHEDULE E - LIFE INSURANCE AND PROPERTY INSURANCE CARRIED, INCLUDING N.S.I. AND GROUP INSURANCE
Name Of Ownllr Of Benef,iciary Facl! Policy Cash Surrel'der
Insurance Company Policy Amount Loans Value
Fire Insurance
The information contained In this statement Is provided for the purpose of obtaining. or maintaining credit with you on behalf of the under-
signed. or persons. firms or corporations in whose behalf the undersigned may either saverally or jointly with others. execute a guaranty in your
lavor. Each undersigned understands that you are relying on the informlltion provided herein !including the designation made as to ownership of
property I in deciding to grant or continue credit, Each undersigned represents and warrants that tho information provided is true and cOmplCltl un<l
that you ma\' consider this statement as continuing to be true and correct until a written notice of change is given to you by the undersigned YOll
are lIuthorized to make all inquiries you deem necessllry to verify the accuracy of the statements made herein, and to determine my/our credit
worthiness. You are authorized to answer questions about your credit experience with me/us.
Signature IIndividuall
5.5,
or 5.5.1. No.
Date of Birth
Date Signerl
19_
Signature (Other Party I
5.5.
or 5,5,1. No,
Date of Birth
'")1
PROMISSORY NOTE
ELDERLY HOMEOWNER LOAN PROGRAM
PROJECT NO.
PROJECT ADDRESS
For value received, the undersigned (hereafter the BORROWER) jointly
and severally promisee s) to pay to the order of the County of Monroe, (hereafter the
LENDER) or its successors, the principal sum of
( ) payable at the Monroe County
Housing Authority, 1400 Kennedy Drive, Key Wes~ Florida 33040, or at such
other place as may be designed by the LENDER.
This Note is secured by a Mortgage of even date herewith in favor of the
LENDER, on the above referenced PROJECT.
This Note shall be for a period often years. The entire amount of the loan
will be forgiven at a rate of one fIfth per year beginning at year six, provided that
the BORRO\VER complies with all the terms and conditions of the Mortgage
referenced above. Should the BORROWER not comply, the LENDER may
demand repayment in accordance with the Mortgage terms. Unless prepaid, this
Note shall be released by the LENDER on the 1st day of
20 _' The anniversary date of this Note shall be the date of execution.
In the event of sale, or the loan is not assumed by an eligible assignee, then
the unforgiven balance shall be due and payable at title transfer.
Any forbearance by the LENDER with respect to any of the terms and
conditions of this Note in no way constitutes a waiver of any of the LENDER'S
rights or privileges granted hereunder. Any written notice or payment of one party
to the other shall be addressed to the parties as follows:
The LENDER:
County of Monroe
c/o Monroe County Housing Authority
1400 Kennedy Drive
Key W e~1, Florida 33040
The BORROWER
(Name and Address)
The BORROWER or his/her executor in the event of death, shall notify the
LENDER of the name and address of any successor to or assignee of the
BORROWER.
The BORROWER reserves the right to prepay at any time at all any part of
the remaining balance of this Note without the payment of penalties or premiums.
If suit is instituted by the County of Monroe to recover on this Note, the
BORROWER agrees to pay all costs of such collection, including reasonable
attorney's fees and court costs.
Upon satisfactory completion of all terms and conditions of this Note by the
BORROWER or upon payment of any and all balance due, the BORROWER shall
be entitled to a release and satisfaction of this Note by the LENDER at the
BORROWER'S own cost.
In witness whereof and agreement herewith the BORROWER has executed
the Promissory Note.
WITNESS
DATE
DATE
BORROWER
WITNESS
DATE
DATE
BORROWER
Loan Value: $
YEAR 1 I 0%
I
YEAR 2 0%
YEAR 3 0%
YEAR 4 0%
YEAR 5 0%
YEAR 6 (-20%)
YEAR 7 (-20%)
YEAR 8 (-20%)
YEAR 9 (-20%)
YEAR 10 (-20%)
._---
Anniversary Date
Amount Due Annual Reduction %
(Elq:rognotemc.:io c;
COUNTY OF MONROE
clo MONROE COUNTY HOUSING AUTHORITY
ELDERLY HOMEOWNER LOAN PROGRAM
MORTGAGE DEED
THIS MORTGAGE is made this
between the Mortgagor,
day of
199
whose address is
Florida, herein "Borrower" , and the Mortgagee, the County of
Monroe, Florida, herein "Lender".
WITNESS That the BORROWER, for better securing the payment
of the sum of money mentioned in the condition of a certain
Note, bearing even date herewithin, and in consideration of
the sum of TEN ($10.00) DOLLARS cash in hand paid before the
ensealing and delivery of the mortgage receipt of which is
hereby acknowledge, the BORROWER does hereby grant, convey
and warrant title to the LENDER all that certain lot, piece
of parcel of land situated in the County of Monroe and State
of Florida, bounded and legally described as follows:
TOGETHER with all the improvements now or thereafter erected
on the Property, and all easements, rights, appurtenances,
rents, royalties, mineral, oil and gas rights and profits,
water, water rights, and water stock, and all fixtures now or
hereafter attached to the property, all of which, including
replacements and additions thereto, shall be deemed to be and
remain a part of the Property covered by this Mortgage; and
all of the foregoing, together with said Property (or the
leasehold estate in the event this Mortgage is on a lease-
hold) are herein referred to as the "Property."
Borrower covenants that Borrower is lawfully seized of the
estate hereby conveyed and has the right to mortgage, grant
and convey the Property, that the Property is unencumbered,
except as Borrower has notified Lender, that Borrower will
make such further assurances to perfect the title to said
land as may reasonable be required, and that Borrower will
warrant and defend generally the title to the Property
against all claims and demands, subject to any easements and
restrictions listed in a schedule of exceptions to coverage
in any title insurance policy insuring Lender's interest in
the Property.
Lender and Borrower covenant and agree as follows:
1. Deferred Payment Loan The entire amount of the loan
will be forgiven over a ten year period at a rate of one
fifth per year, beginning on the 6th anniversary of the
completion of construction, provided that the Borrower
complies with the remainder of the Mortgage covenants.
2. Charges; Lien. Borrower shall pay all taxes, assess-
ments and other charges, fines and impositions attribut-
able to the Property. If the same are not promptly
paid, Lender may at any time make payment (s) without
effecting its option to foreclose or any of its right
hereunder, and Borrower shall reimburse Lender for such
payment (s), if not reimbursed, together with interest
hereon from the date of payment at the same rate as
specified in the Note, shall also be secured by this
Mortgage. Borrower shall promptly furnish to Lender all
notices of amounts due under this paragraph, and in the
event Lender shall make payments directly, Lender shall
promptly furnish to Borrower receipts evidencing such
payments. Borrower shall promptly discharge any liens
which has priority over this Mortgage; provided that
Borrower shall not be required to discharge any such
liens so long as Borrower shall agree in writing to the
payment of obligation secured by such liens in a manner
acceptable to Lender, or shall in good faith contest
such lien by, or defend enforcement of the lien or
forfeiture of the Property or any part thereof.
3. Hazard Insurance. Borrower shall keep the improvements
now existing or hereafter erected on the Property
insured against loss by fire and windstorm hazards
including within the term "extended coverage", and such
other hazards as Lender may require and in such amounts
and for such periods of time as Lender may require. If
Borrower fails to obtain and maintain proper insurance,
Lender may do so without waiving its option to foreclose
or any of its rights hereunder, and the cost thereof,
together with interest thereon from the date of pay-
ment at the same rate as specified in the Note, shall
also be secured by this Mortgage. The insurance carrier
providing the insurance shall be chosen by Borrower
subject to approval by Lender, provided, that such
approval shall not be unreasonably withheld. All
insurance policies and renewal thereof shall be in the
form acceptable to Lender and shall include a standard
mortgage clause in favor of and in form acceptable to
Lender. Lender shall have the right to hold the
policies and renewals thereof, and Borrower shall
promptly furnish to Lender all renewal notices and all
receipts of paid premiums. In the event of loss,
Borrower shall give prompt notice to the insurance
carrier and Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree, ln writing,
insurance proceeds shall be applied to restoration or
repair of the Property damaged, provided such restor-
ation or repair is economically feasible and the
security of this Mortgage is not thereby impaired. If
such restoration or repair is not economically feasible
or if the security of this Mortgage would be impaired,
the insurance proceeds shall be applied to the sums
secured by this Mortgage, with the excess, if any, paid
to the Borrower. If the Property is abandoned by
Borrower or if Borrower fails to respond to Lender
within thirty (30) days after notice by Lender to
Borrower that the insurance carrier offer to settle a
claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at Lender's
option either to restore or repair the Property or to
apply the sums secured by this Mortgage.
If under this agreement the Property is acquired by
Lender, all right, title and interest of Borrower in and
to any such insurance policies and in and to the pro-
ceeds thereof (to the extent of the sums secured by this
Mortgage immediately prior to such sale or acquisition,
resulting from damage to the Property prior to the sale
or acquisition) shall pass to Lender.
9. Forebearance by Lender Not A Waiver. Any forebearance
by Lender in exercising any right or remedy hereunder,
or otherwise afforded by applicable law, shall not be a
waiver of or preclude the exercise of any right or
remedy hereunder. The procurement of insurance or the
payment of taxes or other liens or charges by Lender
shall not be a waiver of Lender's right to accelerate
the maturity of the indebtedness secured by this
Mortgage.
10. Remedies Cumulative. All remedies provided in this
Mortgage are distinct and cumulative to any other right
or remedy under this Mortgage or afforded by law or
equity, and may be exercised concurrently, independent-
ly or successively.
11. Transfer of the Property. If all or any part of the
Property or an interest therein is sold, the Mortgage
shall be due and payable upon conveyance of title.
Borrower may not cause the creation of a lien or
encumbrance subordinate to this Mortgage ; a purchase
money security interest for household appliances; or a
transfer by devise, descent or by application of law
upon the death of a joint tenant without the prior
written consent of the grantor. Failure to notify
Lender of any transfer of title, shall result in
foreclosure.
12. Successors and Assigns Bound; Assumption. All suc-
cessors shall be required to qualify for the assumption
of the grant. In the event the successor(s) does not
qualify for assumption of the loan, the Lender will
requlre that the balance of the un forgiven loan be
repaid to the Lender no later than ninety (90) days from
the settlement of probate.
In the event Borrower fails to occupy the dwelling for
any other reason than death, for a period of 60
consecutive days, this loan shall be due and payable
immediately. Borrower agrees not to rent or
lease the premises or any part thereof.
13. Notice Any notice to Borrower provided for in this
Mortgage shall be given by mailing such notice by
certified mail addressed to Borrow at the Property
Address stated below, except for any notice required
under Paragraph Twenty (20) hereof to be given to
Borrower in the manner prescribed by applicable law.
Any notice provided provided for in this Mortgage shall
be deemed to have been given to Borrower when given in
the manner designated herein.
14 .Uniform Mortgage, Governing Law; Severability
This form of Mortgage combines uniform covenants for
national use and non uniform covenants with limited
variations by jurisdiction to constitute a uniform
security instrument covering real property. This
Mortgage shall be governed by the law of the
jurisdiction in which the Property is located. In the
event that any provision or clause of this Mortgage or
the Note conflicts with applicable law, such conflict
shall not affect other provisions of this Mortgage or
the Note which can be given effect without the
conflicting provision, and to this end, the provisions
of the Mortgage and the Note are declared to be
severable.
15. Borrower's Copy. Borrower shall be furnished a con-
formed copy of this Mortgage at the time of execution or
after recordation hereof.
4. Annual Certification. Borrower will be required, on an
annual basis, to provide current income, household
composition and other such verifications that may be
deemed necessary by the Lender.
5. Preservation and Maintenance of Property; Leaseholds.
Borrower shall keep the property in good repair and
shall not permit or commit waste, impairment, or deter-
ioration of the Property. Borrower shall comply with
all existing and future laws, regulations, ordinances,
and orders of governmental authorities having juris-
diction over the Property.
6. Protection of Lender's Security. If Borrower fails to
perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced
which materially affects Lender's interest in the
Property, including, but not limited to , eminent
domain, insolvency, code enforcement, or arrangements or
proceedings involving a bankrupt or descended, then
Lender at Lender's option, upon notice to Borrower, may
make such appearances, disburse such sums and take such
action as necessary to protect Lender's interest,
including, but not limited to, disbursement of reason
able attorney's fees and entry upon the Property to make
repairs. Any amounts disbursed by Lender pursuant to
this paragraph, with interest thereon, shall become the
indebtedness of Borrower secured by this Mortgage.
Unless Lender and Borrower agree to other terms of
payment, such amounts shall be payable upon notice from
Lender to Borrower requesting payment thereof, and shall
bear interest from the date of disbursement at the rate
stated in the Note. Nothing contained in this paragraph
shall require Lender to incur any expense or do any act
hereunder.
7. Inspection. Lender may make or cause to be made
reasonable entries upon and inspections of the Property
provided that Lender shall give reasonable notice to
Borrower prior to any such inspection specifying reason-
able cause therefore related to Lender's interest in the
Property.
8.
Condemnation. The proceeds of any award or claim
damages, direct or consequential, in connection with
condemnation or other taking of the Property, or
thereof, or for conveyance in lieu of condemnation,
hereby assigned and shall be paid to Lender.
for
any
part
are
In the event of a total taking of the Property, the
proceeds shall be applied to the sums secured by this
Mortgage, with the excess, if any, paid to Borrower. In
the event of a partial taking of the Property, unless
Lender and Borrower otherwise agree in writing, there
shall be applied to the sums secured by this Mortgage
such proportion of the proceeds as is equal to that
proportion which the amount of the sums secured by this
Mortgage immediately prior to the date of taking, bears
to the fair market value of the Property immediately
prior to the date of taking, with the balance of the
proceeds paid to Borrower.
If the Property is abandoned by Borrower or if after
notice by Lender to Borrower that the condemner offers
to make an award or settle a claim for damages, Borrower
fails to respond to Lender within thirty (30) days of
the date of such notice, Lender is authorized to collect
and apply the proceeds at Lender's option either to
restoration or repair of the Property or to the sums
secured by this Mortgage.
16. Performance of Other Agreements Borrower shall
observe and perform each and every term to be observed
or performed by Borrower pursuant to the terms of any
agreement or recorded instrument affecting or pertaining
to the subject property, including without limitation
mortgages superior in lien, right, and dignity to the
Mortgage.
17. Acceleration; Remedies Except as provided in
Paragraph Sixteen (16) hereof, upon Borrower's breach of
any covenant or agreement by Borrower in this Mortgage,
including the event that Borrower shall declare
bankruptcy or have same declared, make any general
assignment for the benefit of creditors, or if any
receiver shall be appointed for any Property of the
Borrower, the whole of the principal sum and interest
shall become due and payable. Lender prior to acceler-
ation shall mail notice to Borrower as provided in
Paragraph Fourteen (14) hereof specifying: (1) the
breach; (2) the action required to cure such breach, if
curable; (3) a date, not less than thirty (30) days from
the date that the notice is mailed to Borrower, by which
such breach must be cured; and (4) that failure to cure
such breach on or before the date specified in the
notice may result in acceleration of the sums secured by
this Mortgage and sale of the Property. If the breach
is not cured on or before the date specified in the
notice, Lender, at Lender's option, may declare all of
the sums secured by this Mortgage to be immediately due
and payable without further demand and may foreclose
this Mortgage by judicial proceeding. Lender shall be
entitled to collect in such proceeding all expenses of
foreclosure, including, but not limited to, reasonable
attorney's fees and costs of documentary evidence,
abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's
acceleration of the sums secured by this Mortgage,
Borrower shall have the right to have any proceedings
begun by Lender to enforce this Mortgage discontinued at
any time prior to entry of a judgment enforcing this
Mortgage if: (a) Borrower pays Lender all sums which
would be then due under this Mortgage and the Note had
no acceleration occurred; (b) Borrower cures all
breaches of any other covenants or agreements of Lender
contained in this Mortgage; (c) Borrower pays all
reasonable expenses incurred by Lender in enforcing the
covenants and agreements of Borrower contained in this
Mortgage and in enforcing Lender's remedies as provided
in Paragraph Twenty (20) hereof, including, but not
limited to, reasonable attorney's fees; and (d) Borrower
takes such action as Lender may reasonably require to
assure the lien of this Mortgage. Lender's interest in
the Property and Borrower's obligation to pay the sums
secured by this Mortgage shall continue in full force
and effect as if no acceleration had occurred.
19. Release. Upon satisfaction of all covenants secured by
this Mortgage, Lender shall release this Mortgage
without charge to Borrower.
20. Costs. Borrower shall pay all costs, charges and
expenses including attorney's fees, reasonably incurred
by Lender because of Borrower's failure to perform
obligations under or comply with the provisions of this
Mortgage or the Promissory Note.
IN WITNESS WHEREOF, Borrower(s) has/have executed
this Mortgage on the date first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
witness
Mortgagor
witness
Mortgagor
STATE OF FLORIDA
MONROE COUNTY
SS
I hereby certify that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowl-
edgments , to me known to be the
person(s) described in and who executed the foregoing
instrument and acknowledged before me that executed the
same for the purpose therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid, this day of , 19
My Commission expires:
Notary Public
elderlygrant/mortgagedeed