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Item L1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2012 Division: Monroe County Housing Authority Bulk Item: Yes x No Department: MC SHIP PROGRAM Staff Contact Person/Phone #: J. Manuel Castillo, Sr., Executive Director AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ADMINISTRATOR TO EXECUTE SHIP MORTGAGE SUBORDINATION DOCUMENTS UNDER CERTAIN CONDITIONS FOR THE PURPOSE OF ALLOWING PROGRAM PARTICIPANTS TO REFINANCE EXISTING FIRST MORTGAGES; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM BACKGROUND: Resolution 078-2002 authorized the SHIP Administrator to execute subordination documents on behalf of the Monroe County SHIP Program when certain conditions had been met. This 2012 Resolution will authorize the SHIP Program Administrator to execute SHIP subordination agreements for "responsible" borrowers utilizing the HARP 2.0 Program to obtain a lower interest rate on their first mortgage and therefore enhance the SHIP Program's second mortgage portfolio. PREVIOUS RELEVANT BOCC ACTION: BOCC Resolution 078-2002. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: BUDGETED: Yes No x SOURCE OF FUNDS REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County DOCUMENTATION: DISPOSITION: Revised 7/09 Atty OMB/Purchasing Risk Management Included x Not Required_ AGENDA ITEM # RESOLUTION NO. , 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ADMINISTRATOR TO EXECUTE SHIP MORTGAGE SUBORDINATION DOCUMENTS UNDER CERTAIN CONDITIONS FOR THE PURPOSE OF ALLOWING PROGRAM PARTICIPANTS TO REFINANCE EXISTING FIRST MORTGAGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners by Resolution 078-2002, dated February 13, 2002 authorized the Monroe County SHIP Administrator to execute mortgage subordination documents for existing Monroe County SHIP loans when the following conditions were present: (a) The proposed primary mortgage loan has a rate or other terms that is an improvement in the rate or terms of the existing primary mortgage loan. (b) The amount of the proposed primary mortgage loan does not exceed the sum of the existing mortgage loan payoff and the closing costs as documented on a proposed HUD-1 Settlement Statement. (c) The sum of the proposed primary mortgage and the existing SHIP mortgage loan does not exceed 105% of the value of the property as reflected on a property appraisal; and WHEREAS, the Federal Home Finance Agency's Home Affordable Refinance Program (HARP) commenced in April, 2009; and WHEREAS, the HARP Program's purpose was to permit first mortgage loans backed by Fannie Mae or Freddie Mack who were "under water" to be refinanced at a lower interest rate without Private Mortgage Insurance (PMI); and WHEREAS, the initial HARP Program required the applicants to be "responsible borrowers" and did not allow refinancing for borrowers who owed more than 125% of what their homes were worth; and WHEREAS, effective March, 2012, the Federal Home Finance Agency approved the HARP 2.0 Program which removes the 125% cap for clients who are considered "responsible borrowers"; and WHEREAS, the HARP 2.0 Program and its underwriting criteria will enhance the SHIP Program's second mortgages portfolio by providing interest rate relief to responsible borrowers. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby authorizes: 1. The SHIP Program Administrator to execute mortgage subordination documents for existing Monroe County SHIP Loans that are being refinanced utilizing the Federal Home Loan Agency's HARP 2.0 Program. PASSED AND ADOPTED by the board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 160' day of May, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner Heather Carruthers Commissioner George Nugent Commissioner Sylvia Murphy SEAL: ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Cleric Approved as to legal sufficiency: Date: BY: Mayor David Rice RESOLUTION NO. 078-2002 A RESOLUTION AUTHORIZING THE MONROE COUNTY'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ADMINISTRATOR TO EXECUTE SHIP MORTGAGE SUBORDINATION DOCUMENTS UNDER CERTAIN CONDITIONS FOR THE PURPOSE OF ALLOWING THE REFINANCE OF EXISTING PRIMARY MORTGAGE LOANS AT IMPROVED TERMS WHEREAS, the Special Programs Office, Monroe County Housing Authority is the County's program administrator for the State Housing Initiatives Partnership (SHIP) Program, with a fiduciary responsibility to act in the best interest of Monroe County; and, WHEREAS, the Director of the Special Programs Office is designated as Monroe County SHIP Administrator; and, WHEREAS, the Monroe County SHIP Program has made subordinate mortgage loans under the First Time Homebuyers Program annually since 1994 resulting in over 177 mortgage loans; and, WHEREAS, the Florida Housing Finance Corporation has adopted the criteria set forth below when considering a subordination request from mortgage borrowers under the Corporation's HOME Single Family Programs; and, WHEREAS, presently the time required to secure a Mortgage Subordination of an existing Monroe County SHIP mortgage is greater than time available to borrowers primary mortgage loan commitment/rate lock; and, WHEREAS, the current process for approval of SHIP Mortgage Subordination discourages SHIP Mortgagees from trying to secure improved primary mortgage terms NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida tat Monroe County hereby: THE Monroe County SHIP Administrator is hereby authorized to execute Mortgage Subordination, in the form attached hereto as Exhibit "A' of existing Monroe County SHIP mortgage loans when the following conditions are present: Y (a) The proposed primary mortgage loan has a rate or other terms that is an improvement in the rate or terms of the existing primary mortgage loan, (b) The amount of the proposed primary mortgage loan does not exceed the sum of the existing mortgage loan payoff and the closing costs as documented on a proposed HUD-1 Settlement Statement. (c) The sum of the proposed primary mortgage and the existing SHIP mortgage loan does not exceed 105% of the value of the property as reflected on a property appraisal. Page 1 of 2 Upon execution and recording of all such Mortgage Subordination shall be forwarded to and retained by the Monroe County Clerk of Court. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 13th day of February 2002. Mayor McCoy Yes .Mayor Pro Tem Spehar Yes S Neugent Yes Williams Yes elson Absent L. KOLHAGE, Clerk! D.G BOARD OF CqVNTY COMMISSIONERS OF MONROE , FLORIDA By: Charles "Sonny" McCoy, Mayor APPROVED AS TO FQWA Approved as to farm and legal sufficiency A e6AL sU ! UZANN A, iitlT ON DATE. l 'VIJ )JNn03 308HOW 10 -810 � 10 30tlH10} i .kNHVG 16 :6 WV Sz 833100Z U003� �03 03114