(a) Terms of loan
(1) If the Secretary determines that an applicant is eligible for assistance as provided in section
1471 of this title and that the applicant has the ability to repay in full the sum to be loaned, with interest, giving due consideration to the income and earning capacity of the applicant and his family from the farm and other sources, and the maintenance of a reasonable standard of living for the owner and the occupants of said farm, a loan may be made by the Secretary to said applicant for a period of not to exceed thirty-three years from the making of the loan with interest. The Secretary may accept the personal liability of any person with adequate repayment ability who will cosign the applicants note to compensate for any deficiency in the applicants repayment ability. At the borrowers option, the borrower may prepay to the Secretary as escrow agent, on terms and conditions prescribed by him, such taxes, insurance, and other expenses as the Secretary may require in accordance with section
1471 (e) of this title.
(2) The Secretary may extend the period of any loan made under this section if the Secretary determines that such extension is necessary to permit the making of such loan to any person whose income does not exceed 60 per centum of the median income for the area and who would otherwise be denied such loan because the payments required under a shorter period would exceed the financial capacity of such person. The aggregate period for which any loan may be extended under this paragraph may not exceed 5 years.
(3)
(A) Notwithstanding any other provision of this subchapter, a loan may be made under this section for the purchase of a dwelling located on land owned by a community land trust, if the borrower and the loan otherwise meet the requirements applicable to loans under this section.
(B) For purposes of this paragraph, the term community land trust means a community housing development organization as such term is defined in section
12704 of this title (except that the requirements under section
12704 (6)(C) of this title and section
12704 (6)(D) of this title shall not apply for purposes of this paragraph)
(i) that is not sponsored by a for-profit organization;
(ii) that is established to carry out the activities under clause (iii);
(iii) that
(I) acquires parcels of land, held in perpetuity, primarily for conveyance under long-term ground leases;
(II) transfers ownership of any structural improvements located on such leased parcels to the lessees; and
(III) retains a preemptive option to purchase any such structural improvement at a price determined by formula that is designed to ensure that the improvement remains affordable to low- and moderate-income families in perpetuity; and
(iv) that has its corporate membership open to any adult resident of a particular geographic area specified in the bylaws of the organization.
(b) Provisions of loan instrument The instruments under which the loan is made and the security given shall
(1) provide for security upon the applicants equity in the farm or such other security or collateral, if any, as may be found necessary by the Secretary reasonably to assure repayment of the indebtedness;
(2) provide for the repayment of principal and interest in accordance with schedules and repayment plans prescribed by the Secretary, except that any prepayment of a loan made or insured under section
1484 or
1485 of this title shall be subject to the provisions of subsection (c) of this section;
(3) except for guaranteed loans, contain the agreement of the borrower that he will, at the request of the Secretary, proceed with diligence to refinance the balance of the indebtedness through cooperative or other responsible private credit sources whenever the Secretary determines, in the light of the borrowers circumstances, including his earning capacity and the income from the farm, that he is able to do so upon reasonable terms and conditions;
(4) be in such form and contain such covenants as the Secretary shall prescribe to secure the payment of the loan with interest, protect the security, and assure that the farm will be maintained in repair and that waste and exhaustion of the farm will be prevented.
(e) Manufactured homes; qualifications for loans made or insured; energy conservation requirements
(1) A loan which may be made or insured under this section with respect to housing shall be made or insured with respect to a manufactured home or with respect to a manufactured home and lot, whether such home or such home and lot is real property, personal property, or mixed real and personal property, if
(A) the manufactured home meets the standards prescribed pursuant to title VI of the Housing and Community Development Act of 1974 [
42 U.S.C.
5401 et seq.];
(B) the manufactured home, or the manufactured home and lot, meets the installation, structural, and site requirements which would apply under title II of the National Housing Act [
12 U.S.C.
1707 et seq.]; and
(C) the manufactured home meets the energy conserving requirements established under paragraph (2), or until the energy conserving requirements are established under paragraph (2), the manufactured home meets the energy conserving requirements applicable to housing other than manufactured housing financed under this subchapter.
(2) Energy conserving requirements established by the Secretary for the purpose of paragraph (1)(C) shall
(A) reduce the operating costs for a borrower by maximizing the energy savings and be cost-effective over the life of the manufactured home or the term of the loan, whichever is shorter, taking into account variations in climate, types of energy used, the cost to modify the home to meet such requirements, and the estimated value of the energy saved over the term of the mortgage; and
(B) be established so that the increase in the annual loan payment resulting from the added energy conserving requirements in excess of those required by the standards prescribed under title VI of the Housing and Community Development Act of 1974 [
42 U.S.C.
5401 et seq.] shall not exceed the projected savings in annual energy costs.
(3) A loan that may be made or insured under this section with respect to a manufactured home on a permanent foundation, or a manufactured home on a permanent foundation and a lot, shall be repayable over the same period as would be applicable under section 203(b) of the National Housing Act [
12 U.S.C.
1709 (b)].
(g) Deferred mortgage demonstration
(1) Authority
With respect to families or persons otherwise eligible for assistance under subsection (d) of this section but having incomes below the amount determined to qualify for a loan under this section, the Secretary may defer mortgage payments beyond the amount affordable at 1 percent interest, taking into consideration income, taxes and insurance. Deferred mortgage payments shall be converted to payment status when the ability of the borrower to repay improves. Deferred amounts shall not exceed 25 percent of the amount of the payment due at 1 percent interest and shall be subject to recapture.
(2) Interest
Interest on principal deferred shall be set at 1 percent and any interest payments deferred under this subsection shall not be treated as principal in calculating indebtedness.
(3) Funding
Subject to approval in appropriations Acts, not more than 10 percent of the amount approved for each of fiscal years 1993 and 1994 for loans under this section may be used to carry out this subsection.
(h) Doug Bereuter section 502 single family housing loan guarantee program
(1) Short title This subsection may be cited as the Doug Bereuter Section
502 Single Family Housing Loan Guarantee Act.
(2) Authority The Secretary shall, to the extent provided in appropriation Acts, provide guaranteed loans in accordance with this section, section
1487 (d) of this title, and the last sentence of section
1490a (a)(1)(A) of this title, except as modified by the provisions of this subsection. Loans shall be guaranteed under this subsection in an amount equal to 90 percent of the loan.
(3) Eligible borrowers
Loans guaranteed pursuant to this subsection shall be made only to borrowers who are low or moderate income families or persons, whose incomes do not exceed 115 percent of the median income of the area, as determined by the Secretary.
(4) Eligible housing Loans may be guaranteed pursuant to this subsection only if the loan is used to acquire or construct a single-family residence that is
(A) to be used as the principal residence of the borrower;
(B) eligible for assistance under this section, section 203(b) of the National Housing Act [
12 U.S.C.
1709 (b)], or chapter
37 of title
38; and
(C) located in a rural area.
(5) Priority and counseling for first-time homebuyers
(A) In providing guaranteed loans under this subsection, the Secretary shall give priority to first-time homebuyers (as defined in paragraph (13)).
(B) The Secretary may require that, as a condition of receiving a guaranteed loan pursuant to this subsection, a borrower who is a first-time homebuyer successfully complete a program of homeownership counseling under section
1701x (a)(1)(iii) of title
12 and obtain certification from the provider of the program that the borrower is adequately prepared for the obligations of homeownership.
(6) Eligible lenders
Guaranteed loans pursuant to this subsection may be made only by lenders approved by and meeting qualifications established by the Secretary.
(7) Loan terms Loans guaranteed pursuant to this subsection shall
(A) be made for a term not to exceed 30 years;
(B) involve a rate of interest that is fixed over the term of the loan and does not exceed the rate for loans guaranteed under chapter
37 of title
38 or comparable loans in the area that are not guaranteed; and
(C) involve a principal obligation (including initial service charges, appraisal, inspection, and other fees as the Secretary may approve)
(i) for a first-time homebuyer, in any amount not in excess of 100 percent of the appraised value of the property as of the date the loan is accepted or the acquisition cost of the property, whichever is less, plus the guarantee fee as authorized by subsection (h)(7)2 of this section; and
(ii) for any borrower other than a first-time homebuyer, in an amount not in excess of the percentage of the property or the acquisition cost of the property that the Secretary shall determine, such percentage or cost in any event not to exceed 100 percent of the appraised value of the property as of the date the loan is accepted or the acquisition cost of the property, whichever is less, plus the guarantee fee as authorized by subsection (h)(7)2 of this section.
(8) Guarantee fee
With respect to a guaranteed loan under this subsection, the Secretary may collect from the lender at the time of issuance of the guarantee a fee equal to not more than 1 percent of the principal obligation of the loan.
(9) Refinancing
Any guaranteed loan under this subsection may be refinanced and extended in accordance with terms and conditions that the Secretary shall prescribe, but in no event for an additional amount or term which exceeds the limitations under this subsection.
(10) Nonassumption
Notwithstanding the transfer of property for which a guaranteed loan under this subsection was made, the borrower of a guaranteed loan under this subsection may not be relieved of liability with respect to the loan.
(11) Geographical targeting
In providing guaranteed loans under this subsection, the Secretary shall establish standards to target and give priority to areas that have a demonstrated need for additional sources of mortgage financing for low and moderate income families.
(12) Allocation
The Secretary shall provide that, in each fiscal year, guaranteed loans under this subsection shall be allocated among the States on the basis of the need of eligible borrowers in each State for such loans in comparison with the need of eligible borrowers for such loans among all States.
(13) Definitions For purposes of this subsection:
(A) The term displaced homemaker means an individual who
(i) is an adult;
(ii) has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and
(iii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(B) The term first-time homebuyer means any individual who (and whose spouse) has had no present ownership in a principal residence during the 3-year period ending on the date of purchase of the property acquired with a guaranteed loan under this subsection except that
(i) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this subparagraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse; and
(ii) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this subparagraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse.
(C) The term single parent means an individual who
(i) is unmarried or legally separated from a spouse; and
(ii)
(I) has 1 or more minor children for whom the individual has custody or joint custody; or
(II) is pregnant.
(D) The term State means the States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States.
(14) Guarantees for refinancing loans
(A) In general
Upon the request of the borrower, the Secretary shall, to the extent provided in appropriation Acts and subject to subparagraph (F), guarantee a loan that is made to refinance an existing loan that is made under this section or guaranteed under this subsection, and that the Secretary determines complies with the requirements of this paragraph.
(B) Interest rate
To be eligible for a guarantee under this paragraph, the refinancing loan shall have a rate of interest that is fixed over the term of the loan and does not exceed the interest rate of the loan being refinanced.
(C) Security
To be eligible for a guarantee under this paragraph, the refinancing loan shall be secured by the same single-family residence as was the loan being refinanced, which shall be owned by the borrower and occupied by the borrower as the principal residence of the borrower.
(D) Amount
To be eligible for a guarantee under this paragraph, the principal obligation under the refinancing loan shall not exceed an amount equal to the sum of the balance of the loan being refinanced and such closing costs as may be authorized by the Secretary, which shall include a discount not exceeding 200 basis points and an origination fee not exceeding such amount as the Secretary shall prescribe.
(E) Other requirements
The provisions of the last sentence of paragraph (2) and paragraphs (3), (6), (7)(A), (8), and (10) shall apply to loans guaranteed under this paragraph, and no other provisions of paragraphs (2) through (13) shall apply to such loans.
(F) Authority to establish limitation
The Secretary may establish limitations on the number of loans guaranteed under this paragraph, which shall be based on market conditions and other factors as the Secretary considers appropriate.