Program Overview

Eden Prairie Housing and Community Services (HCS) offers a financial assistance program for homeownership funded by the City’s Community Development Block Grant (CDBG) program. The First-Time/First-Generation Homebuyer Program (FTFGHP) provides financial assistance for low- and moderate-income households to become homeowners.

Administration of the FTFGHP and the functions and responsibilities of the HCS staff shall be in compliance with the U.S. Department of Housing and Urban Development (HUD) CDBG regulations, as well as all Federal, State and local nondiscrimination laws, and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment.

No family or individual shall be denied the equal opportunity to apply for or receive assistance under the FTFGHP on the basis of race, color, gender, religion, creed, national origin, age, familial or marital status, handicap or disability, sexual orientation or reliance on public assistance.

The Eden Prairie HCS office is accessible to persons with disabilities. Accessibility for the hearing impaired is provided by the Minnesota Relay Service and City of Eden Prairie TDD.

Program Goals

The First-Time/First-Generation Homebuyer Program has the following two goals:

1. Assist low- and moderate- income households to purchase homes within the City of Eden Prairie by providing assistance with down payment, closing costs and mortgage principle reduction.
2. Promote responsible home ownership

Program Administration

The program is administered through the Eden Prairie HCS. Interested applicants should contact HCS staff by calling 952-949-8486.

Purpose of the Program Guidelines

The purpose of these guidelines is to establish policies for carrying out the FTFGHP in a manner consistent with HUD requirements, and local goals and objectives contained in the Consolidated and Annual Action Plans. The HCS is responsible for complying with all changes in HUD regulations pertaining to the CDBG program. If such changes conflict with these guidelines, HUD regulations will have precedence. Application regulations include:

• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 570: Community Development Block Grant
• 24 CFR Part 35: Lead Based Paint Regulations

Financial Assistance

The Financial Assistance may be used to:

• Pay up to 50% of the amount the homebuyer is required to provide toward the down payment under the particular mortgage program they are utilizing. The homebuyer must contribute the remaining 50% using their own funds. Homebuyer’s minimum investment is $1,000.
• Pay up to 100% of the homebuyer’s eligible closing costs, not to exceed $7,500. Borrowers are not permitted to use program funds for interest rate buy-downs, unless documentation is provided from the lender that shows the buy-down is necessary to secure their primary mortgage. Eligible closing costs do not include optional insurances (i.e. optional owner’s insurance policy, etc.).
• Reduce the mortgage principal up to 15% of the purchase price.

The applicant(s) housing Debt to Income Ratio (DTI) must be at least 25%, but cannot exceed 37% of their gross monthly qualifying income. The HCS Manager will have the option to approve applicants above the 37% if credit history and debt load support a waiver.

The financial assistance will be provided at a minimum amount of $3,000 and a maximum amount of $35,000, depending on fund availability. In certain situations, the HCS Manager may allow assistance in excess of the maximum at their discretion. The HCS Manager will make a determination on the amount of assistance an applicant qualifies for. That determination will be based upon a review of the applicant’s verified income and assets, estimated closing costs, purchase agreement, and lender’s recommendations for financial assistance in compliance with uses described above.

Lenders must provide a pre-approval letter indicating the maximum amount of financing the borrower would qualify for from the first mortgage lender.

The HCS will verify an applicant’s income and assets through third-party written verifications as provided by either the lender or by the HCS. The HCS Manager may re-verify income and asset information provided by the lender. The HCS will calculate the applicant’s gross annual income using paystubs and recent tax returns, or third-party verification as defined in Appendix A, to ensure the applicant(s) qualifies as a low- or moderate- income household as required by CDBG regulations and to determine the maximum amount of assistance.

Financial assistance will be provided at the time of closing on the property with the following conditions:

• Selected applicants must meet the requirements of the program and be eligible for the financial assistance throughout the entire application process.
• The maximum purchase price of the housing unit to be purchased must be below 120% of the metro area affordable home price at the time of the sale.
• The financial assistance provided by the program is in the form of a no-interest deferred payment loan that is due and payable 30 years from the initial purchase date, or when the house is sold, transferred or no longer the primary place of residence, whichever occurs first.
• The homebuyers must enter into a second mortgage and execute a Repayment Agreement with HCS providing for repayment of the indebtedness 30 years from the initial purchase date, or when the house is sold, transferred or no longer the primary place of residence, whichever occurs first.

Responsibilities of the First-Time/First-Generation Homebuyer

The responsibilities of the prospective homebuyers are to:

• Execute a purchase agreement.
• Complete, sign and return the application, authorization for release of information form, and other certification and verification forms once a purchase agreement has been executed. This must be submitted no later than three weeks before closing.
• Register and attend a Home Stretch Home Buyers workshop. Classes offered through other agencies or realtors may be substituted with prior approval of the HCS. The applicant will be provided with a certificate of attendance. A copy of this certificate should be forwarded to the lender and the HCS.
• Select a lender approved by the HCS for participation in the program.
• Complete the pre-approval process.
• Select a real estate agent, if one is desired.
• Select a dwelling in Eden Prairie for purchase that is owner-occupied or vacant and is an eligible dwelling under the program.
• Provide information throughout the process as required by the lender or the HCS staff.
• Execute the lender’s mortgage and related documents.
• Execute the HCS’s Repayment Agreement.
• Close on the property within the time frame specified.
• Execute other required forms within the time frame specified or required.
• Take occupancy of the dwelling within 30 days after closing, homestead the property, and continue to occupy the dwelling as a Principal Place of Residence.
• Make principal, interest, property tax and insurance payments as required.
• Reimburse the HCS in accordance with the HCS’s Repayment Agreement should the homebuyer trigger repayment through sale, moving, transfer of ownership or foreclosure within 30 years or default on any other terms of these documents.

Responsibilities of the Lender

The lender must:

• Verify the prospective homebuyer’s income and assets to determine they meet the requirements of the program and submit a copy of the verification to the HCS. These copies must be submitted to the City along with the buyer's loan application.
• Compute the Mortgage, Down Payment, Mortgage payments and Closing Costs of Acceptable Loans approved by the Program to determine the most cost-effective and appropriate form of financing for the homebuyer to use.
• Provide a title search and review the documents.
• Provide the HCS with a pre-approval letter stating the maximum mortgage amount the applicant is approved for.
• Provide the HCS other verification materials as requested by the HCS.
• Process a mortgage consistent with the Program.
• Meet all deadlines in a timely fashion, especially those that relate to the Closing. All documents must be completed at least 10 days prior to the Closing and be delivered to the HCS at least seven days before the Closing.
• Appraise property to determine the loan-to-value ratio. The total loan-to-value ratio must be below 100%.

Responsibilities of the HCS

The responsibilities of the HCS for the Program are to:

• Establish Program requirements and administer the Program.
• Send applicants the application form, the authorization for release of information form and other certification and verification forms.
• Review the Application and other material for eligibility.
• Establish the pool of eligible participants and make selections for participation in accordance with the selection provisions.
• Notify applicants when ineligible.
• Direct prospective buyers to register for the CAP-HC homebuyer workshops and provide information and forms related to the Program.
• Provide liaison services involving the prospective buyer, lender and any real estate agent that might be involved in the transaction.
• Review appraisal, purchase agreement, eligibility and mortgage for consistency with the Program requirements.
• Prepare and execute the HCS Repayment Agreement.
• Provide financial assistance according to Program guidelines to the applicant at the time of Closing.
• Service the HCS Repayment Agreement.
• Modify or terminate the Program as may be appropriate or required.

Application to the HCS

It is the responsibility of each applicant to ensure that the HCS receives their application. Only applications with original signatures will be accepted. Applications will be accepted once a purchase agreement has been signed and must be submitted no later than 3 weeks before closing.

At the time of application, applicants must provide the HCS with the following information and meet the eligibility requirements:

• Signed Purchase Agreement
• Names of all family and household members
• Address and telephone numbers
• Date of birth of all family members
• Number of adults in family
• Number of children in family
• Total gross annual income from all sources with pay stubs and 1 year of tax returns as documentation
• Bank statements, financial statements and all other document(s) that verify gross assets
• Name of Employer (Company Name)
• Address and phone number of each employer
• Length of time (in years and months) at present address
• Last three previous addresses
• Indication if applicant ever owned a home

Summary of the Application Process

The following is a summary of the application process.

• The applicant registers for and attends an approved homebuyer workshop.
• The applicant selects a participating lender and applies for mortgage pre-approval.
• The applicant searches for a home in Eden Prairie.
• The applicant enters into a Purchase Agreement.
• The applicant completes and submits a FTFGHP application and authorization for release of information form to the HCS with a mortgage pre-approval letter from the lender.
• The lender authorizes appraisal of home.
• The lender confirms applicant’s mortgage eligibility and approves purchase.
• The lender contacts the HCS with supporting documentation.
• The HCS reviews appraisal, Purchase Agreement, Good Faith Estimate, and eligibility verification for consistency with program goals and requirements.
• The HCS issues an approval letter.
• The HCS prepares the closing documents required by the City’s Program Guidelines.

Eligibility Requirements

To be eligible to participate in the Program, the applicant must meet the following requirements at the time of application and throughout the process up until Closing.

• Must qualify as a Family, as defined in Appendix A.
• Must be a U.S. citizen or have legal immigration status.
• Must be a First-Time/First-Generation Homebuyer, as defined in Appendix A.
• Must not have a Gross annual Income that exceeds the maximum income limits which are revised annually to reflect the current year’s CDBG maximum income limits.
• Must not have Gross Assets exceeding $25,000 which excludes one automobile.
• Borrowers are required to invest at least $1,000 of their own monies toward the purchase price of the home. Funds from public program(s) cannot be used as part of the homebuyer’s portion of the down payment.
• Must meet the requirements of a Lender and qualify for a first mortgage.
• Must fulfill the Program obligations in a timely manner and must remain eligible to participate based on the program requirements and those of the lender through the time of closing.
• Must not have a previous loan through the Eden Prairie HCS that ended in foreclosure or any other loan that ended in foreclosure within the previous five years.
• Must meet the requirements as specified elsewhere in these Guidelines.

Denial of Eligibility

The HCS will review and verify all applications for eligibility. Those applicants not meeting the eligibility requirements will be sent a written notice explaining the reason(s) for denial of program participation.

Appeals regarding interpretation of eligibility requirements may be made in writing to the HCS Manager, and then to the Director of Community Development and then to the City Manager, and then to the City Council. Appeals that clearly do not meet eligibility requirements will not be considered.

Eligible Dwellings

To be eligible the property must meet the following requirements:

• Be located within the City of Eden Prairie.
• Be a single-family dwelling, a townhouse unit, twin home or a condominium unit.
• Be a conforming use as defined by the Eden Prairie Zoning Ordinance.
• Be free of lead-based paint hazards at the time of Closing.
• The HCS may require an inspection of the dwelling for compliance with the Eden Prairie Housing Code (Uniform Housing Code). The HCS will require an inspection of all dwellings built prior to 1978 for compliance with HUD’s lead-based paint hazard regulations.

Applicant Outreach

The HCS will publicize and disseminate information to make known the availability of homeownership assistance on a regular basis through a variety of media and other suitable means. The availability of assistance will be communicated to other services providers and realtors in the community and advise them of the guidelines so that they can make proper referrals for the Program. Realtors will be encouraged to provide additional services to eligible clients to ensure their successful utilization of the program.

Applicant Pool

The applicant pool for the Program shall consist of all those who have completed and returned to the HCS a complete application with signed purchase agreement, written verification from their lender of pre-approval, and who are determined by the HCS to be eligible.

Lender Outreach

The HCS will solicit lender participation as needed. The HCS will review requests from lenders to be approved as a participating lender of the FTFGHP. The lenders must be FHA- and MHFA-approved, and exhibit a willingness to provide mortgage products to low and moderate income households.

Lenders

All lenders must be approved by the Minnesota Housing Finance Agency. Lenders and their representatives must also be willing to participate in the Eden Prairie FTFGHP. Applicants should ask the lender if they have received the City of Eden Prairie’s Program Guidelines and if they are familiar with the process. It is the applicant’s responsibility to make arrangements for obtaining pre-qualification or pre-indication of approval, and for making an application for a mortgage. A letter from the lender indicating the amount of the mortgage for which the applicant pre-qualifies must be provided with each application. The same lender must be used when the applicant goes for pre-approval of a mortgage prior to the purchase of a home, so it is recommended the applicant selects the lender carefully.

Declarations of Restrictive Covenants

From time to time, declarations of restrictive covenants may be placed on properties as a condition of homebuyer assistance. Declarations of restrictive covenants are placed on select properties to ensure that these properties are owned by low and moderate income households in the future, even after subsequent sales. Declarations of restrictive covenants may also restrict the resale price of select housing units in an attempt to keep the units affordable.

Lead-Based Paint Hazard Requirements

All applicants purchasing a dwelling built prior to 1978 will be provided with a lead-based paint brochure and must sign a certification of receipt of the brochure.

As a condition of funding, the applicant will be required to purchase a home free of Lead-Based Paint (LBP) hazards. If the dwelling was built prior to 1978, a visual assessment for deteriorated paint will be done by City staff. Applicants will be informed the inspection is only to determine the presence of deteriorated paint and they may also want to obtain a complete Home Inspection from a certified Home Inspector.

If deteriorated paint is found, the HCS will contract with a certified Risk Assessor to perform the necessary tests to determine if there is a lead hazard risk. A copy of a clean Lead Risk Assessment report must be submitted to the HCS before the home is approved for assistance. If the applicant refuses, the property will not be eligible for assistance. The applicant will need to find another house that is or will be made LBP risk free in order to qualify for assistance.

If LBP risks are found, stabilization of the defective paint, cleanup and clearance will be required before funds are approved for assistance. The presence of LBP risks should be treated like any other defect found during an inspection and may be negotiated between buyer and seller. Clearance will be required before the home can be safely occupied and will assure there are no remaining lead hazards.

Repayment of Assistance

Repayment of the deferred-payment loan shall occur upon the earliest of:

• Sale, transfer of ownership or 30 years from the initial purchase date, when the HCS Mortgage becomes due and payable.
• The property ceases for any reason to be the homebuyer’s principal place of residence.
• Default on the mortgage with the HCS or any superior mortgage on the property.

At the time of repayment, the HCS will prepare and execute a Satisfaction of Mortgage. The Satisfaction of Mortgage will be sent to the Title Company, which will be responsible for recording the Satisfaction with the County. The HCS will send the homeowner a copy of the Satisfaction as well as the original Repayment Agreement indicating it has been satisfied.

Subordination of Mortgages

The HCS may subordinate the FTFGHP loan. The HCS will review and respond to all requests for subordinations within two weeks of the application date. The following information must be submitted before a request for subordination will be considered.

• Effective date of current first mortgage, current first mortgage balance, interest rate and term.
• Proposed loan amount, interest rate and term.
• Reasons for new financing and use of proceeds by amount. If financing will be used for home improvements, specified information on the proposed home improvements must be provided.
• Good-Faith Estimate.
• Copy of appraisal.
• Most recent assessor’s market value of property.
• Types and amounts of any other indebtedness on property including balance, rate and term.
• Date the FTFGHP loan was filed with County and the document number.
• Household’s verified income and size.
• Full name, address, telephone number, contact person and email address of the new lender.
• Date subordination agreement is needed (must be at least two weeks from the date of the request).

Information provided will be analyzed to determine the appropriateness of subordination of the HCS’s mortgage. The following criteria must be met before subordination of the loan will be considered.

• All current and proposed property liens, including the FTFGHP loan, equal less than 100% of the appraised value of the property.
• The subordination is necessary to refinance the principle balance of existing prior liens on the property and will facilitate a rate reduction, term reduction and/or principal reduction, plus any costs to finance additional eligible home improvements. No cash may be taken out as a result of refinancing. However, the fees incurred to refinance will be an allowable expense.
• All home improvements must be eligible under the Home Rehabilitation guidelines and the homeowner is required to submit documentation of cost for all improvements as a condition of the subordination.
• The uses for the new financing must be justifiable as an appropriate use of public funds to warrant subordination of the public funding.
• The household income of the homeowner must not be greater than the current HUD income limits.
• The borrower(s) must correct any errors and omissions relating to their loan as a condition of the HCS granting a subordination request. This requirement would include, but not be limited to, documents that are not signed (but the intent was to have them signed), documents with clerical errors and/or documents that are missing or destroyed.

If the above criteria are not met, the HCS will not subordinate its mortgage. The client will then need to either obtain financing that is subordinate to the HCS’s mortgage, pay off the HCS loan as a condition of the new financing, obtain non-mortgage financing or forgo the additional financing.

Appeals regarding interpretation of the Subordination Policy may be made in writing to the HCS Manager, then to the Community Development Director, then to the City Manager and then to the City Council, which has the final say in the request. Appeals that clearly do not meet the hardship requirements will not be considered.

Targeted Funding

At various times, the HCS may target Program funding for purchases in specific developments. Applicants purchasing in those developments would receive Program funding prior to all other applications.

Total Amount of Assistance

The total amount of assistance received through the Eden Prairie HCS for the FTFGHP cannot exceed $35,000.

Modification and Termination of Program

The HCS may modify or terminate the Program as it deems appropriate or as required by HUD. Once the HCS has provided financial assistance and the mortgage executed, financial assistance shall not be rescinded except as provided for in the executed HCS mortgage and Repayment Agreement.

Definitions

Acceptable Loans — Conventional, Fannie Mae, FHA and VA

Applicant — Individual or household submitting an application for a loan

Application — Form used to request assistance for the City of Eden Prairie’s FTFGHP funds

CAP-HC — Community Action Partnership of Hennepin County, an agency working in all of suburban Hennepin County to assist low-income people with services to individuals through outreach, energy assistance programs, homeownership services and financial counseling

CDBG — Community Development Block Grant Program, which is an annual entitlement program provided to the City of Eden Prairie through the U.S. Department of Housing and Urban Development (HUD)

City — The City of Eden Prairie

Clearance — Lead-based paint certification that all lead issues have been remediated

Closing — Consummation of the real estate transaction; the Closing includes the delivery of a deed, financial adjustments the signing of notes, mortgages, and the disbursement of funds necessary to complete the sale and loan transaction

Closing Costs — Costs required by the lender to be paid by the buyer for various fees, credit report costs, insurance, etc., at the time of Closing on a property

Consolidated and Annual Action Plans — HUD requires the City of Eden Prairie to submit a five-year Consolidated Plan and an Annual Action Plan to guide housing, homelessness and Community Development activities

Conventional Mortgage — Type of residential mortgage loan, usually from a bank or savings and loan association, with a fixed rate and term. It is repayable in fixed monthly payments over a period usually 30-40 years or less, secured by real property, and not insured by the Federal Housing Administration or guaranteed by the Veterans Administration

Down Payment — Type of payment made by a home buyer indicating intention to purchase real estate offered for sale and obtain financing from a bank or mortgage company

DTI — Debt to income Ratio — Indicates the percentage of income that goes toward housing costs including mortgage principal and interest, mortgage insurance premium, hazard insurance premium, property taxes and homeowners association dues (when applicable)

Family — Group of individuals who live or will live under one roof

Fannie Mae — Privately owned and operated corporation that buys mortgages from such lenders as banks and savings and loans, packages then resells them on the open market

FHA — U.S. Federal Housing Administration, federal agency that administers many loan programs, loan Guarantee programs and Loan Insurance programs designed to make more housing available

First-Time Homebuyer — Family who has not owned a dwelling of any kind within the preceding three years from the date of application or who has been displaced due to a divorce situation (a family purchasing a dwelling with a contract for Deed is not eligible to participate in this program)

Good Faith Estimate — Document disclosing the approximate closing costs a mortgage applicant will pay at or before the mortgage settlement date

Gross Annual Income — Gross annual Income of a Household for the purposes of this program is defined for purposes of reporting under Internal Revenue Service Form 1040 for individual Federal annual income tax purposes as per 24 CFR 570.3 and 26 CFR (i.e. employment, social security income, child support, etc.)

Gross Assets — Current market value of the following minus existing indebtedness: (typically does not include 401(k) funds, pensions or other deferred compensation funds)

1. Cash on hand
2. Cash in checking accounts
3. Cash in savings accounts, including accounts held in trust
4. Cash value of life insurance policies
5. Investment securities (government bonds, municipal bonds)
6. Stocks
7. Certificate of deposits and annuities
8. Current market value of all interest in real estate. Included in this determination is any land in which any resident of the Household holds title or is selling on contract for deed. The value of the contract for deed property shall be defined as 100% of the outstanding balance on the contract at a time 12 months following the date of the income and other asset verifications. The dollar amount of the difference between the outstanding balance at the time of verifications and the outstanding balance 12 months later shall be included as household income.
9. All other property, exclusive of household furnishings, clothing and one vehicle. This section includes, but is not limited to, business equipment, boats, snowmobiles, motorcycles, farm stock and additional vehicles.
10. If the applicant owns a business, in full or in part, and that business is incorporated, then the business equipment is not an asset. If the business is not incorporated, the business equipment is then considered a personal asset. The value of the ownership of the business by the applicant is a personal asset. If the applicant owns less than 100% of the business, written notarized proof of the percent of ownership must be provided by the applicant to the HCS.

Guidelines — Set of standards, criteria and specifications to be used in administering the Program.

Household — All persons residing in one housing unit, which may include one or more families, a single person, a married couple, or two or more unrelated persons

Housing Counselor — Person who provides direct customer services primarily to groups, individuals, households seeking information and assistance with housing issues

HUD — U.S. Department of Housing and Urban Development, the principal federal agency responsible for implementing certain federal housing and community development programs.

Income — Amount of money or its equivalent received during a period of time in exchange for labor or services, from the sale of goods or property, or as profit from financial investments

Lead Risk Assessment — Report that describes the health risk assessment, management process, estimates of the costs of recovery and summaries of possible defensive measures required per HUD regulation CFR Part 35: Lead-Based Paint Regulations

Lender — Individual or firm that extends money to a borrower with the expectation of being repaid, usually with interest

Low-Income Family — Family whose annual income does not exceed the low-income limit as established by HUD, with adjustments for smaller and larger families

MFHA — Minnesota Housing Finance Agency, a Minnesota State agency that administers a variety of first-time/first-generation homebuyer loan programs

Moderate-Income Family — Family whose annual income does not exceed 80% of the median income for the area, as determine by HUD, with adjustments for smaller and larger families

Mortgage — Conveyance of an interest in real property given as security for the payment of a loan

HCS — City of Eden Prairie's Housing and Community Services Division, a division of the Community Development Department

Principal Place of Residence — To occupy the home as the primary residence on a permanent basis

Program — City of Eden Prairie's First-Time/First-Generation Homebuyer Program (FTFGHP)

Promissory Note — Written instrument containing a promise by the signer to pay and agreed amount

Purchase Agreement — Agreement between buyer and seller of real property, setting forth the price and terms of the sale, also known as a sales contract

Reducing the Mortgage Principal Amount — Method of benefitting the buyer through the use of a portion or all of the HCS-provided financial assistance to lower the mortgage principle amount. In effect, this assistance acts as a larger down payment and helps to reduce the monthly mortgage payments. The available amount of assistance is up to 15% of the purchase price to a maximum of $35,000.

Satisfaction of Mortgage — Document releasing a mortgage lien, indicating the borrower has paid the debt in full

Second Mortgage — Loan on a property that already has an existing mortgage (the first mortgage), the second mortgage is subordinate to the first

VA Loan — U.S Department of Veterans Affairs loan, providing below-market financing with no down payment to veterans of the U.S. Armed Services