Section 52514 Of Chapter 2. Buy-down Mortgage Plan From California Health And Safety Code >> Division 31. >> Part 6. >> Chapter 2.
52514
. In consideration for the agency's contract, and performance
of contract, to purchase a buy-down of the effective interest to the
borrower on the mortgage loan, the agency shall obtain a note and
deed of trust from the borrower under terms prescribed by regulations
of the agency adopted by the policy committee. Such note and deed of
trust shall be subordinate to the mortgage loan by a qualified
mortgage lender executed pursuant to this part. The subordinate
mortgage or deed of trust obtained by the agency under this section
may, at the option of the agency exercised upon the initiation of
such note and mortgage, provide that all amounts due and payable
shall be paid at the end of the sixth year or shall be repaid on an
amortized basis commencing with the seventh year and extending
through the 30th year, or some term selected by the agency and
provided in the initiating loan documents between the end of the
sixth year and the end of the 30th year. The amount of the
subordinate note and mortgage shall be equal to the contract amount
advanced by the agency to the qualified mortgage lender to effect the
buy-down, plus interest on those amounts at a rate calculated to
cover the cost of funds to the agency for this program and
administrative costs, less any amounts returned to the agency by the
lender for the credit of the borrower pursuant to Section 52513, and
shall be specified in the note and mortgage upon the initiation of
that note and mortgage.
The agency may make and execute contracts with the qualified
mortgage lender for the initiation or servicing of the subordinate
mortgage loan. The agency may pay the reasonable value of services
rendered to the agency pursuant to such contracts.
The notes and mortgages may be held or sold by the agency, or the
agency may create pools of such loans, obligations, and
participations held by the agency and may sell securities backed by
such pools.