CITY OF SAN DIEGO 3% INTEREST DEFERRED LOAN PROGRAM GUIDELINES

 BUYERS EARNING 80% OR LESS OF AREA MEDIAN INCOME (AMI)

Program Overview:

The 3% Interest Deferred Loan Program is a home ownership program designed to make funds available to low-income households to help with the purchase of a home within the City of San Diego. This program provides financing in the form of a second trust deed loan.

Eligible Borrowers:

•  Households whose income is 80 percent or less than the San Diego County Area Median Income (AMI), as adjusted for household size. Gross income will be calculated based on the program guidelines stated below. To establish program eligibility, income of all household members 18 years and older must be taken into account. The borrower is required to provide all pertinent information requested by the first trust deed holder on behalf the San Diego Housing Commission. For the purpose of determining household size, any person claimed as a household member must have lived with the borrower for a minimum of one year.

•  Borrowers must be first time homebuyers or those who have not owned or held an interest in a primary residence in the last three years, except the following individual or individuals who may not be excluded from consideration as a first time homebuyer under this definition:

• A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by a spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive 12-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without compensation to care for his or her home and family; or

• A single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A single parent is an individual who is unmarried and has one or more minor children for whom the individual has custody or joint custody (borrower must have child a minimum 51% of the time if joint custody).

Eligible Properties:

Single family homes, townhomes and condominiums located within the City of San Diego. The maximum purchase price is $408,500. The price paid for the property must be substantiated by a qualified appraiser.

Eligible properties must have the following occupancy characteristics:

• Currently occupied or recently vacated by the owner-seller of the property; or if a rental property, sold only to the existing tenant; or

• If rental property, vacant prior to submission of the purchase offer by borrower.

Due to the relocation regulations as stated in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, properties occupied by a tenant at the time the purchase offer is made are not eligible for first time home buyer assistance. No exceptions can be made to the requirements regarding properties which are or were tenant occupied.

Housing Quality Standards (HQS) Inspection and Assessment for Lead-Based Paint:

An HQS inspection is required and if the property was built prior to 1978, an assessment for lead-based paint is also required. The HQS inspection must be completed by an approved company from the Housing Commission’s list of qualified inspectors. All items failing inspection must be repaired or replaced and a certification issued by the HQS inspector stating the property meets HQS and clear from lead-based paint

prior to the close of escrow.

If the visual assessment for lead-based paint fails in the HQS inspection, lead-based paint clearance must be obtained prior to the close of escrow. Clearance can be obtained by one of the following options:

1) Obtain an XRF Inspection with Risk Assessment from a company licensed to perform lead-based paint testing a. If the test results are negative, no further action is required;

b. If test is positive, surfaces must be stabilized by a certified / trained company using safe work practices and clearance is to be provided; or

2) Presume surfaces are positive for lead-based paint a. Have surfaces stabilized by a certified / trained company using safe work practices;

b. Obtain clearance from a company licensed to perform lead-based paint clearance

Please be advised, the HQS inspection and assessment for lead-based paint are not a complete home inspection. It is strongly recommended the borrowers obtain a full property inspection from a licensed residential property inspector.

Down Payment:

All borrowers must have a minimum down payment of three percent. The borrower’s down payment must be from their personal funds or a gift from an immediate family member. An immediate family member includes the following people; father, mother, brother, sister, grandparent, uncle or aunt. Any seller contributions or subsidies the borrower receives are in addition to the required down payment of three percent.

Loan Amount:

The maximum loan amount is 17 percent of the purchase price or appraised value whichever is less. The minimum loan amount is $1,000.

Loan Terms:

•  3% Interest Deferred Payment loans have a term of 30 years. No monthly payments of principal or interest are required. When the buyer sells the property or wants to the pay the loan in full, in addition to payment of the principal balance, the buyer must pay all the accrued interest.

•   The Deed of Trust contains an acceleration clause, which will call the entire loan due and payable upon certain events, including the following:

• Transfer or sale of the property

• If the borrower no longer occupies the property

• Discovery of willful misrepresentation or fraud in connection with any aspect of the Deferred Payment 3% Interest Loan Program

• Renting of the property

• Uncured default by borrower on the first trust deed note, or deed of trust, or any other senior or junior loan or encumbrance on the property

•  The maximum allowable combined loan-to-value (CLTV); including all subordinate financing, upfront mortgage insurance, and VA funding fee is 97 percent. CHDAP or other similar deferred loans will be included in the overall CLTV, even if the funds are used for closing costs. Only grants will not be included in the CLTV calculation.

•   Subordinate financing to the Housing Commission’s deferred loans is allowed provided the loan is deferred with no payments required for 30 years.

•   Co-borrowers or co-owners, other than owner occupants, are not permitted. This rule is included to prohibit investors from utilizing qualified persons to purchase a property for their own investment purposes and financial gain. The non-borrowing spouses are considered co-borrowers even if they will not be on the loan for the first mortgage.

•   Loan Assumption – Generally, deferred payment 3% interest loans are not assumable. The loan must be paid in full upon the sale or transfer of the property. However, under certain terms and conditions, the deferred payment 3% interest loan may be assumed with the prior written consent of the Housing Commission.

•   Refinance/Subordination Agreements – Deferred payment 3% interest loan can be subordinated to the refinancing of the existing first trust deed loan in order to lower the interest rate or reduce the loan term.

Asset Reserve / Limitation:

• Asset reserve minimum requirement of $1,000 at the close of escrow

• Asset reserve limitation of $10,000 for one person and $500 for each additional household member.

Liquid assets of all family members, including children, must be considered. If a portion of the assets will be used towards the purchase and have or will be placed in escrow, they will not be considered. If a household member has access to their retirement account, it must be considered. In the case where retirement account cannot be accessed, the employer must verify this in writing.

Credit Guidelines:

• Minimum credit score: 640

• Borrowers with a foreclosure within the last five years must provide a letter of explanation and substantial back-up documentation as to the cause of the foreclosure;

• A letter of explanation is required for all derogatory reporting’s dated within two years of the close of escrow; all collections and judgments must be paid in full through escrow or prior to the close of escrow, back-up documentation showing the account has been paid is required if paid outside of escrow; and

• A credit report for a non-borrowing spouse is required. All debt of the non-borrowing spouse will be used in the debt-to-income ratio calculations.

Income Qualifying For Eligibility Only:

The combined income of all members of the household 18 and over who are currently living together as a family and will be living in the property must be included in the determination of income. The household’s income must be projected as an annual income. It should be assumed that today’s circumstances would continue for the next 12 months, unless there is verifiable evidence to the contrary. Income on assets is considered when determining if a household is 80% or less of AMI. All households must be income-qualified no more than 90-days prior to the closing date. For the purpose of determining eligibility income, all income is included even if there is less than a two year history.

Income Calculations for Underwriting:

Program guidelines require the combined income of all persons on title, including a non-borrowing spouse (if applicable), must be included in the calculation of income. The household’s actual / averaged income will be calculated for underwriting purposes. It should be assumed that today’s circumstances would continue for the next 12 months, unless there is verifiable evidence to the contrary.

Applicants, co-applicants and non-borrowing spouse’s must have a minimum of a two year continuous work history. An exception may be made for applicants and co-applicants who recently earned a bachelors degree or higher in which case a minimum of one year work history is required. Volunteer and intern work does not count toward the one year work history requirement.

Debt-to-Income Ratio:

The borrowers monthly housing debt, including principal, interest, property taxes, property insurance, and if applicable mortgage insurance and homeowner’s association dues, cannot be less than 30 percent of the borrower’s gross monthly income.

The borrowers monthly housing debt, plus all other household monthly debt (including credit cards, automobile payments, etc.), can not exceed 45 percent of the borrowers gross monthly income. If the total debt ratio exceeds 45percent, the application must be presented to the Loan Committee for consideration.

The income of a non-borrowing spouse is included when calculating the debt-to-income ratios.

First Trust Deed Loan:

The loan must be a 30-year, fixed interest rate loan. The 3% Interest Deferred Loan Program guidelines do not allow a temporary or permanent buy-down of the interest rate. First trust deed lenders are required to collect and manage an impound account for payment of taxes, assessments and property insurance for the term of the first mortgage.

Homebuyer Education Class:

All applicants, co-applicants and non-borrowing spouses, whether on title or not, are required to attend an 8-hour homebuyer education class given by a HUD approved agency.

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