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Community Land Trust (CLT) FAQ

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Community Land Trust (CLT) FAQ Community Land Trust (CLT) FAQ Q1: What are CLTs? CLTs are nonprofit organizations created to increase and maintain the supply of affordable housing by providing homeownership opportunities to low- and moderate-income families. Properties are acquired by the CLT and the homes are sold to borrowers using standard mortgage products. The land under the houses is held by the CLT and leased to the homeowners at very low monthly rates. By eliminating the cost of land ownership, this low monthly lease rate helps keep the home affordable in higher cost areas. To date, more than 6,000 CLT properties have been developed across the United States according to the Institute for Community Economics (ICE). Q2: Are there resale restrictions for CLTs? Yes, the lease includes provisions that require the continued use of the land to assist future eligible borrowers. Q3: If the borrower is in default, does the CLT have the right of first refusal to purchase the property? Yes, the terms of the Fannie Mae ground lease rider give the CLT the right to purchase the subject property from the lender prior to foreclosure. Q4: How can I find out more about setting up a CLT? A national organization called the Grounded Solutions Network (formerly the National Community Land Trust Network) provides training resources, technical assistance, and other information to new and existing CLTs. For more information, visit their website: https://groundedsolutions.org/. Q5: What are the requirements for a CLT mortgage to be eligible for sale to Fannie Mae? The lender must confirm that the CLT is a nonprofit organization or public entity, such as a state or local government, county, school district, university, or college. The lender must also confirm that the CLT utilizes a ground lease based on either the National Community Land Trust Network (NCLTN) 2011 CLT Network Model Ground Lease or the Institute for Community Economics (ICE) Model Ground Lease, or a ground lease otherwise approved by Fannie Mae. Q6: How can a lender confirm that the ground lease is based on the model documents developed by the National Community Land Trust Network (NCLTN) or the Institute for Community Economics (ICE)? As noted, the CLT must use a ground lease that is based on the 2011 CLT Network Model Ground Lease developed by the National Community Land Trust Network (NCLTN) or the Model Ground Lease created by the Institute for Community Economics (ICE). We recommend that the lender request that the CLT provide a copy of the model ground lease from NCLTN or ICE and a copy of its own ground lease. The lender should also ask that the CLT provide a summary of any changes or modifications in its ground lease from the model. If the lender continues to have questions on this matter, it should contact its Fannie Mae Customer Account Team for further guidance. © 2021 Fannie Mae 1.20.21 Page 1 of 4 Q7: What are the typical eligibility requirements for a borrower looking to purchase a CLT property? Separate from Fannie Mae’s financing guidelines, CLTs typically specify additional homeownership requirements. The borrower must satisfy any specific eligibility criteria established by the CLT. Typically, the criteria are based on the borrower’s income compared to the area median income (AMI). For some programs, the borrower may also be required to be a first-time home buyer. Q8: What CLT mortgages are eligible for sale to Fannie Mae? We will purchase principal residence mortgages secured by properties held in CLTs, including one- or two-unit properties, eligible condominium projects, and planned unit developments. Under our policy, we will not purchase loans secured by manufactured homes (unless they are located in a Fannie Mae-approved condo or PUD project), units in a cooperative project, or three- or four- unit properties. Q9: Are all Fannie Mae products eligible for this type of transaction? CLT properties are eligible for most of our Selling Guide products, including HomeReady® and other community lending products. ARMs with a fixed period of less than five years are not eligible. Q10: Are refinances allowed on CLT mortgages? Yes, they are permitted up to the controlled price established by the CLT. The lender, however, must document that the CLT has approved the transaction and that it complies with their guidelines. Q11: What are the requirements for a CLT ground lease and rider? The CLT must use a ground lease that is based on one of the model documents developed by the National Community Land Trust Network or the Institute for Community Economics (ICE). More information is available on the Grounded Solutions Network website at https://groundedsolutions.org/tools-for-success/resource-library/model-ground-leases. Q12: Can resale restrictions on community land trust properties on loans delivered to Fannie Mae survive foreclosure? Only under the conditions noted below in Q13. Otherwise, the Fannie Mae ground lease rider stipulates that any resale restrictions must terminate at foreclosure. Q13: Does Fannie Mae allow for resale restrictions that survive foreclosure? Yes. The CLT could become a sponsor of resale restrictions on the property, instead of using the ground lease structure. In Selling Guide Announcement 06-03, we updated our policies to permit resale restrictions to survive foreclosure, and expanded the types of entities that could sponsor resale restrictions to include nonprofits. Since CLTs are nonprofits, they could be eligible sponsors of resale restrictions. As an eligible sponsor, CLT staff would draft the covenant or other legal document that includes the terms of the resale restrictions. The borrower agrees to these restrictions when the house is transferred to him or her at closing. Please note that the transaction would be a fee simple transaction and would not involve the use of the traditional ground lease used by CLTs. Q14: Our CLT wants to make changes to the Ground Lease Rider. How can we do that? As noted, our Selling Guide requires that the CLT Ground Lease Rider be included in any transaction on CLT properties sold to Fannie Mae. Changes to that document are not permitted. See instructions on page 1 to update confidentiality footer © 2020 Fannie Mae 1.20.21 Page 2 of 4 Q15: What is leasehold valuation for community land trusts? Because restrictions expire at foreclosure for these properties, lenders may base the LTV on the leasehold value of the home, which is likely to be very close to the market value. This permits the borrower to have a lower LTV, potentially reducing or eliminating down payment and/or mortgage insurance costs. The formula for the leasehold value calculation can be found in the Fannie Mae Selling Guide section B4-1.4.06. Q16: How are CLT properties valued per Fannie Mae guidelines? In general, an appraiser should use a three-step process to develop an opinion of value for CLT properties. First, derive the fee simple value by using the sales comparison analysis approach to value. Second, using a market-derived capitalization rate, they should convert the income stream from the ground lease into a leased fee value. Finally, the leasehold value is determined by reducing the fee simple value by the leased fee value. Q17: Can Fannie Mae provide any additional information on how the capitalization rate might be developed? To extract the capitalization rate, the appraiser should divide the annual ground rent for the properties subject to leasehold estates by the difference in the sales prices for the comparable sales of properties owned as fee simple estates and the comparable sales of properties subject to leasehold estates. This approach assumes an active real estate market that features sales of properties owned in fee simple and sale of properties subject to leasehold estates other than those held by a community land trust. If there are no available comparable sales of properties subject to leasehold estates other than CLT properties, the appraiser may compare alternative low-risk investment rates, such as the rates for long-term bonds, high-yield savings accounts, or other investment options deemed appropriate by the appraiser. The capitalization rate selected should reflect a “riskless” (safe) rate. Q18: What other appraisal considerations might lenders make when originating CLT loans? In selecting an appraiser to provide an opinion of value for a leasehold property held by a community land trust, the lender must make sure that the appraiser is knowledgeable and experienced in the necessary appraisal concepts and techniques, including direct capitalization and market derivation of capitalization rates as referenced above. The appraisal report must contain specific language stating that the appraisal is based on leasehold value, and it is being done on the hypothetical situation that resale restrictions do not exist. It is recommended that this language be displayed prominently on the appraisal report by the appraiser, so the lender does not mistakenly overlook it. Q19: Must the lender deliver the ground lease and rider documents to Fannie Mae? No. Neither the ground lease nor the rider is a required delivery document for Fannie Mae. They should be recorded and retained in the borrower’s loan file. Q20: Regarding notification, can the ground lease (which is not signed by the lender) specifically impose a notification requirement on the lender? Our Ground Lease Rider modifies the terms of the ground lease; it provides, in section E that, "...the Specified Mortgagee shall have no obligation to give formal legal notice of the Event of Default to the Lessor.” Instead, the borrower (lessee) is obligated to provide all mortgage notices of default to the CLT. See instructions on page 1 to update confidentiality footer © 2020 Fannie Mae 1.20.21 Page 3 of 4 Q21: What is the impact on loan delivery for loans on CLT properties? Lenders must represent and warrant that they can properly originate, track, and service loans on CLT properties.
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