TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TEXAS BOOTSTRAP LOAN PROGRAM MANUAL TABLE OF CONTENTS CHAPTERS Chapter 1 Colonia Self-Help Centers & Nonprofit Owner-Builder Housing Provider Procedures, Roles and Responsibilities Chapter 2 Program Eligibility Guidelines Chapter 3 Underwriting and Document Guidelines Chapter 4 Property Guidelines and Related Issues Chapter 5 Application Process, Requirements and Submission Chapter 6 Communication EXHIBITS http://www.tdhca.state.tx.us/oci/forms.jsp Exhibit 1 Program Legislation, subchapter FF, Chapter 2306, Texas Government Code Exhibit 2 Texas Bootstrap Loan Program Rule, Title 10, Part 1, Chapter 24, Texas Administrative Code Exhibit 3 Texas Housing Trust Fund Rule, Title 10, Part 1, Chapter 26, Texas Administrative Code Exhibit 4 Single Family Programs Umbrella Rule, Title 10, Part 1, Chapter 20, Texas Administrative Code Exhibit 5 Minimum Energy Efficiency Requirements for Single Family Construction Activities, Title 10, Part 1, Chapter 21, Texas Administrative Code Exhibit 6 Income Limits (website) Exhibit 7 Construction Requirements for Single Family Affordable Housing Exhibit 8 Owner-Builder Education Requirements Exhibit 9 Application/Compliance Package Checklist Exhibit 10 Ineligible Improvements Exhibit 11 SAMPLE Applicant Eligibility Letter Exhibit 12 SAMPLE Applicant Suspense Letter Exhibit 13 SAMPLE Applicant Deemed Ineligible Letter Exhibit 14 MITAS Internet Loan Reservation System User Guide Exhibit 15 Single Family File Transfer System User Guide Exhibit 16 Texas Minimum Construction Standards (TMCS) FORMS http://www.tdhca.state.tx.us/oci/forms.jsp Form 3 TDHCA Loan Submission Form Form 4 Fannie Mae (1003) Uniform Residential Loan Application Form 5 Affidavit of Owner-Builder Applicant Form 6 Information Disclosure Authorization Form 7 Income Tax Affidavit Form 8 Request for Verification of Employment Form 9 Request for Verification of Rent or Mortgage Form 10 Property Inspection (Rehabilitation only) Form 12 Plan Review and Inspection Form Form 14 SAMPLE Self-Help Agreement Form 17 Breakdown of Construction Development Form 18 SAMPLE Homebuyer Education Certification November 2017 1 TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TEXAS BOOTSTRAP LOAN PROGRAM MANUAL Form 20 Interim Construction Funding Checklist Form 21 Residential Construction Funding Checklist Form 22 Purchase Money Funding Checklist Form 23 Funding Request Form Form 24 Interim/Residential Construction Worksheet Form 25 Sweat Equity Affidavit Form 26 SAMPLE Sweat Equity Timesheet Form 27 Income Calculation Worksheet Form 28 Applicant Identification Documentation Form Form 29 TDHCA Privacy Notice (new) Form 30 Purchase of Mortgage Loans Funding Checklist November 2017 2 TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TEXAS BOOTSTRAP LOAN PROGRAM MANUAL THIS MANUAL SUPERSEDES ANY PREVIOUS MANUALS. COLONIA SELF-HELP CENTERS AND NONPROFIT OWNER-BUILDER HOUSING PROVIDER PARTICIPATING IN THE TEXAS BOOTSTRAP LOAN PROGRAM SHALL ADHERETO ALL UPDATED POLICIES AND GUIDELINES. This Program Manual guides Colonia Self-Help Centers and Nonprofit Owner-Builder Provides to implement the Program in accordance with Title 10, Part 1 of the Texas Administrative Code which includes but not limited the Single Family Umbrella Rule, the Texas Bootstrap Loan Program Rule, the Texas Housing Trust Fund Rule, the Minimum Energy Efficiency Requirements for Single Family Construction Activities Rule and other programmatic and compliance requirements. This Program Manual is subject to change from time to time. TDHCA shall notify participating Colonia Self-Help Centers (CSHCs) and Nonprofit Owner-Builder Housing Providers (NOHPs) of Program Manual changes in writing (via e-mail and/or letters). TDHCA will provide a written notice of Program Manual changes at least ten (10) days prior to the effective date of any change. However, changes will be effective on the date set forth in the notice, regardless of length of prior notice. TDHCA invites all questions, comments and suggestions regarding this manual. Please refer to Chapter 6, Communication, for contact information November 2017 3 TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TEXAS BOOTSTRAP LOAN PROGRAM MANUAL CHAPTER 1 COLONIA SELF-HELP CENTERS (CSHCs) & NONPROFIT OWNER-BUILDER HOUSING PROVIDER (NOHPs) PROCEDURES, ROLES AND RESPONSIBILITIES At no time may the CSHC or NOHP (or its agent) represent that it is acting as an agent or on behalf of TDHCA or the State of Texas. Any such representation by the CSHC or NOHP (or its agent) may result in revocation of its approved NOHP Certification. The CSHC or NOHP will be referred as Participants in the Program Manual. LOAN ORIGINATION & RESERVATION SYSTEM ACCESS AGREEMENT TDHCA must first approve and certify any Participant that wishes to originate loans under the Texas Bootstrap Loan Program. The Participant must read, execute and return a Loan Origination & Reservation System Access Agreement (Loan Origination Agreement) to TDHCA – Single Family Operations and Services (TDHCA) for final execution. TDHCA will provide a copy of the executed Loan Origination Agreement to the Participant and provide instructions on reservation system access. PARTICPANTS OVERALL RESPONSIBILITIES The Participants shall identify and qualify potential Owner-Builder Applicants for loans under the Program. Participants must be available to Owner-Builder Applicants to answer their questions regarding the loan application; collection of back up documentation; timely delivery of required documents to TDHCA; and any other matters related to the origination, processing, closing and funding of a Bootstrap loan. Activities performed by Participants include, but are not limited to: · Marketing the Program, Participants must comply with Chapter 20.9 under the Single Family Program Umbrella Rule regarding Fair Housing, Affirmative Marketing & Reasonable Accommodations; · Performing application intake; · Reviewing the initial loan application to determine if it is complete and accurate; · Pre-qualifying the Owner-Builder Applicant; · Pre-approving all aspects of the loan; · Providing the Loan Estimate to Owner-Builder Applicant; · Assisting with the collection and completion of loan processing documents; and · Providing homeownership education to Owner-Builder Applicants prior to the closing of the loan. SUBMITTING APPLICANT INFORMATION TDHCA must receive all the documents listed on the Application/Compliance Package Checklist (Exhibit 9) within ten (10) business days of the date the reservation was submitted into the reservation system, or within one (1) business day of the Participant receiving the following six pieces of information via TDHCA's Serv-U Management Console (secure file transfer system https://sf- files.tdhca.state.tx.us/), whichever is sooner: 1. Consumer/Applicant name 2. Consumer/Applicant income 3. Consumer/Applicant Social Security Number to obtain a credit report November 2017 4 TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TEXAS BOOTSTRAP LOAN PROGRAM MANUAL 4. Property address 5. The mortgage loan amount sought, and 6. An estimate of the value of the property (sales price) Once all the information on the Application/Compliance Package Checklist has been uploaded to TDHCA's secure file transfer system, Participants must notify the appropriate TDHCA staff via email that the information has been submitted. If TDHCA has approved your organization to disclose the Loan Estimate to the applicant on behalf of TDHCA, you must issue the Loan Estimate to the applicant, along with the Acknowledgment of Loan Estimate and Intent to Proceed, Service Provider’s List and “Your Home Loan Toolkit” booklet for TDHCA’s loan, within three (3) business days of receiving the six pieces of information referenced above. Ensure that a copy of the Loan Estimate is included in the Application/Compliance Package to be submitted to TDHCA. The Loan Estimate and the Intent to Proceed forms must be signed and returned to TDHCA within seven days of the Owner-Builder Applicant executing both forms. All Application/Compliance Packages (Exhibit 9) will be reviewed on a first-come, first-serve basis based on the date/time the Reservation is accepted into the Reservation system. There will be no expedited applications except for an Owner-Builder Applicant with an annual income of less than $17,500 and Reservations to Owner-Builders who will reside in counties and municipalities that agree in writing to waive the capital recovery fees, building permit fee or other fees related to the building of the houses to be built with the loan proceeds. TDHCA will review the Application/Compliance Package to ensure that the Owner-Builder Applicant meets all Program Rules and guidelines. Within ten (10) business days from the date the Application/Compliance Package was fully received, the Participant will be notified in writing of TDHCA’s determination. If the Owner-Builder Applicant has been deemed eligible, the funds will be reserved for one year from the date of issuance of an Applicant Eligibility Letter (Exhibit 11). TDHCA will notify Financial Administration Staff in writing of all Owner-Builder Applicants that have been deemed eligible so funds may be designated and set-aside for the Owner-Builder Applicant. If the Owner-Builder fails to close on the loan on or before the expiration date stated on the Applicant Eligibility Letter, the Owner-Builder Applicant will be required to re-qualify for the Program. All updated documents must be submitted to TDHCA prior to the expiration