Sonyma Remodel New York Program

Transcription

DATED: 6/2001SONYMA REMODEL NEW YORK PROGRAMADDENDUM TO LOW INTEREST RATE MORTGAGE PROGRAMSELLER'S GUIDEINDEXPART I - GENERALSECTION1.1PageDEFINITIONS1PART II - MORTGAGE LOAN PURCHASE REQUIREMENTSSECTIONSECTION2.1PRELIMINARY REQUIREMENTS32.101Funds Availability32.102Contractor Requirements32.103Mortgagor Acting as Contractor42.104Consultant Requirements42.105Work Specifications and Cost Estimate52.2MORTGAGE LOAN ELIGIBILITY52.201Interest Rate Lock-in62.202Discount Fees (Points)62.203Permissible Expenses62.204Financeable Expenses62.205Minimum and Maximum Rehabilitation Amounts62.206Eligible Renovations62.207Occupancy72.208Mortgage Security72.209Principal Amount Advanced; No Mandatory Future Advances;Outstanding Balance72.210Rehabilitation Escrow Account72.211Contingency Reserve82.212Mortgage Payment Reserve8i

Page2.213Mortgage and Mortgage Note Forms82.214Title Assurance Requirements82.215Survey Requirements92.216Hazard Insurance Requirements92.3BORROWER ELIGIBILITY REQUIREMENTS92.301Owner Occupancy102.302No Trade or Business102.4PROPERTY ELIGIBILITY REQUIREMENTS102.401Eligible Properties102.402Two-Family and Three- or Four-Family Dwelling Requirements102.403Rehabilitation Loans102.404Acquisition Cost Defined102.405Newly Constructed Housing - Buy Down112.406Newly Constructed Housing - Mortgagor Ownership of Land112.407Project Set-Aside112.408Spot New Construction Mortgage Loans11SECTION2.5TARGETED AREAS: SPECIAL REQUIREMENTS BY PROPERTYLOCATION11SECTION2.6LOAN RESERVATION AND INTEREST RATE LOCK-IN PROCESS11SECTION2.7PRIOR APPROVAL AND PURCHASE OF MORTGAGE LOANS122.701Property Seller's Affidavit122.702Rehabilitation Contract Between Mortgagor and Contractor122.703Use of Computer Produced or Third-Party Printed Documents andForms122.704SONYMA Pre-Closing Review122.705Purchase of Mortgage Loans by SONYMA132.706Administration of Rehabilitation Escrow Account142.707Property Inspector Requirements152.708Change Orders152.709Work Completion and Final Disbursement16SECTIONSECTIONii

Page2.71016RepurchasePART III - CREDIT AND PROPERTY UNDERWRITING REQUIREMENTSSECTION3.1UNDERWRITING GUIDELINES163.101Downpayment and Closing Costs163.102Credit Underwriting Guidelines173.103Appraisals173.104Manufactured Housing173.106Cooperative Share Loans17iii

TABLE OF EXHIBITSExhibitDescriptionForm #1List of Eligible Renovations2Consumer Tips ChecklistR10/7-003Pre-Closing Application File ChecklistR1/1-124Contractor’s Resume5Draw Request and Rehabilitation Inspection Report6Specification of Repairs7Mortgage Loan AgreementR3/5-018Rehabilitation Loan RiderR5/7-009Mortgagor’s AcknowledgmentR2/7-0010Maximum Mortgage WorksheetR11/2-0111Completing the Maximum Mortgage Worksheet12Section 22 AffidavitR6/10-0913Notice of LendingR7/5-0114Post-Closing File ChecklistR4/1-1215Fannie Mae HomeStyle Completion CertificateFannie Mae 103616Fannie Mae HomeStyle Change Order Request FormFannie Mae 120017Exhibit Deleted18Property Seller’s AffidavitHUD-9746-AR9/7-00iv

SONYMA REMODEL NEW YORK PROGRAMADDENDUM TO LOW INTEREST RATE MORTGAGE PROGRAMSELLER'S GUIDEPART I - GENERALSECTION 1.1 - DEFINITIONS. All terms used in this Addendum to the Low Interest Rate Mortgage ProgramSeller's Guide (the “Addendum”), but not defined herein below shall have the meaning assigned to such termsin the Low Interest Rate Mortgage Program Seller's Guide (the “Seller’s Guide”) dated 2/2001. Terms definedin this Section 1.1 shall be applicable to Mortgage Loans as to which a Remodel New York Program MortgageLoan has been provided. Terms defined in this Section 1.1 shall be interpreted in conjunction with the definitionof such terms set forth in the Seller's Guide.(a)ConsultantIndividual and/or company, approved by HUD under the FHA 203(k)Program, which satisfies the requirements as set forth in Section 2.104 ofthis Addendum, whose role is to assist potential Mortgagors in determiningthe specific Eligible Renovations necessary to be made to the EligibleProperty and for preparing the Work Specifications and cost estimate.(b)ContingencyReserveReserve fund, established on the Closing Date and deposited into theRehabilitation Escrow Account, equal to at least ten percent of the TotalRehabilitation Cost of the Eligible Renovations, and which is required tocover unforseen repairs or deficiencies during the rehabilitation. TheContingency Reserve is further described in Section 2.211 of thisAddendum.(c)ContractorIndividual(s) and/or company(ies), which satisfy(ies) all of the requirementsof eligible Contractor as set forth in Section 2.102 of this Addendum, whoserole is to act as a general contractor and perform all of the rehabilitationwork in accordance with the Work Specifications.(d)Eligible PropertyA building located in the State of New York which is an existing SingleFamily Dwelling or existing Two-Family Dwelling, including the landappurtenant thereto, as limited by Section 2.402(f) of the Seller’s Guide, orcondominium interest, to be used as the principal residence of theMortgagor. A building or unit shall not qualify as an Eligible Property if (1)all or any portion is used or intended for non-residential purposes or as avacation home, (2) it is a cooperative unit or manufactured housing, and (3)except for condominium or PUD units, it is attached housing. Condominiumunits are only eligible if the condominium project’s by-laws permit theproposed rehabilitation work.(e)EligibleRenovationsThe allowable repairs, as described in Section 2.206 of this Addendum, tobe made to the Eligible Property and funded with the proceeds of theMortgage Loan.(f)Existing HousingAny Single Family Dwelling or Two-Family Dwelling which has previouslybeen occupied or used for residential purposes.(g)FHA 203(k)ProgramFHA program established for the purpose of providing potential homeownerspurchase/rehabilitation financing.(h)Fannie MaeHomeStyle ProgramFannie Mae program established for the purpose of providing potentialhomeowners purchase/rehabilitation financing.(i)Mortgage LoanA loan evidenced by a promissory note, secured by a mortgage granting afirst lien upon a fee simple or leasehold interest (with a remaining termequal to or greater than the original term of the Mortgage Loan) in theRemodel New York Program Addendum1

Eligible Property acquired with the proceeds of the Mortgage Loan, subjectin each case only to the liens of taxes or assessments which are notdelinquent, building restrictions or other restrictive covenants or conditions,leases or tenancies whereby rents or profits are reserved to the owners,joint driveways, sewer rights, party walls, rights of way or other easements,or encroachments, provided that none of the foregoing, in the opinion ofSONYMA, are violated or materially adversely affect the security for theMortgage Loan.(j)Mortgage PaymentReserveReserve fund, established at Mortgagor’s request on the Closing Date anddeposited into the Rehabilitation Escrow Account, equal to a maximum ofsix mortgage payments (principal, interest, taxes, and insurance), thatprotects the Mortgagor from having to make housing payments on twoseparate residences during the rehabilitation period. The MortgagePayment Reserve, which can be financed with proceeds of the MortgageLoan, is further described in Section 2.212 of this Addendum.(k)Origination FeeTwo and one-quarter percent of the amount of the Mortgage Loan (whichalso comprises all of the discount points as set forth in Section 2.202 of theSeller’s Guide), which Seller receives to originate Mortgage Loans for saleto SONYMA. Seller will collect one percent on the Lock-in Date (as theLock-in Fee) and the remaining one and one-quarter percent on the ClosingDate. SONYMA may assess penalties in accordance with Section 2.710(f)of the Seller's Guide which will reduce the amount of the Origination Fee.The Origination Fee is subject to change at SONYMA's discretion.(l)PMIPrimary mortgage insurer which shall be the SONYMA Mortgage InsuranceFund (MIF).(m)RehabilitationCompletion DateThe date, generally not to exceed six months from the Closing Date, onwhich (1) all work as set forth in the Work Specifications is satisfactorilycompleted, (2) final disbursement from the Rehabilitation Escrow Accounthas been made, and (3) the final title update (evidencing that the MortgageLoan is in a first lien position) and all waivers of lien, if applicable, havebeen received by Servicer.(n)RehabilitationEscrow AccountThe FDIC insured custodial account, set up on the Closing Date andmaintained by Servicer, to be used for disbursing funds upon Servicer’sreceipt of satisfactory evidence that all or a portion of the work as cited inthe Work Specifications has been completed. The Rehabilitation EscrowAccount is further described in Sections 2.210 and 2.706 of thisAddendum.(o)Remodel New YorkProgramThe residential mortgage loan program financed by the Bonds and createdspecifically to assist eligible Mortgagors purchase a home that requiresrehabilitation or repairs.(p)SellerAny institution or person meeting the requirements for participation in theLow Interest Rate Mortgage Program and the Remodel New York Program,and shall have executed the Remodel New York Program MortgagePurchase Agreement.(q)ServicerAny institution or person who has qualified and has contracted under aServicing Agreement, to service Mortgage Loans purchased by SONYMAunder the Low Interest Rate Mortgage Program and the Remodel New YorkProgram, and shall have executed the Remodel New York ProgramServicing Agreement.(r)Short-TermLock-inType of interest rate lock which must be used for all Existing Housing. Thetimeframe to close Short-Term Lock-ins is set forth in Section 2.201(a)(i)of the Seller’s Guide.Remodel New York Program Addendum2

(s)Single FamilyDwellingA building designed for use by one family, which can be a condominiumunit. The term condominium is used as defined in "Condominium Act,"Article 9-B of the Real Property Law of the State. With respect to acondominium unit, the owner of such unit must own an undivided interestin the underlying real estate, with ownership interest including the property,owned in common with others, which is necessary or contributes to the useand enjoyment of such a structure or unit.(t)TotalRehabilitation CostThe sum of all “hard costs” of the rehabilitation based on signed, acceptedestimates and/or construction contracts plus certain “soft” costsassociated with the rehabilitation such as consultant, architectural,engineering, inspection, title update and permit fees; Rehabilitation EscrowAccount administration fee; Contingency Reserve amount; and MortgagePayment Reserve amount.(u)Two-FamilyDwellingAn owner-occupied dwelling containing one rental unit which is an existingstructure first occupied as a residence at least five years prior to theResidential Loan Application Date.(v)Value of thePropertyThe lower of (1) the “as-rehabbed” appraised value of the Eligible Propertysecuring a Mortgage Loan, subject to the repairs as cited in the WorkSpecifications, such appraised value being the fair market value asdetermined by an appraiser acceptable to SONYMA or (2) the purchaseprice paid for the Eligible Property securing the Mortgage Loan plus theTotal Rehabilitation Cost of the Eligible Renovations.(w)WorkSpecificationsThe detailed plans and specifications prepared by the Consultant, oranother residential construction professional, as allowable under Section2.105 of this Addendum, that sets forth the Eligible Renovations anditemize all of the proposed work to be performed and all materials to beused in the rehabilitation of the Eligible Property.PART II - PURCHASE REQUIREMENTS FOR MORTGAGE LOANS UNDER THE REMODEL NEW YORKPROGRAMSECTION 2.1 - PRELIMINARY REQUIREMENTS. This Section 2.1 covers only those requirements under theRemodel New York Program that differ from the requirements set forth in Section 2.1 of the Seller's Guide.This Section 2.1 and Section 2.1 of the Seller's Guide shall be read together.2.101Funds AvailabilityFunds for the Remodel New York Program will be allocated on a first-come,first-served basis. Periodically, SONYMA will advise Seller of remainingfunds availability.2.102ContractorRequirementsMortgagor must select the Contractor to perform the Eligible Renovations.Seller must review the qualifications and credentials of all Contractorswhere the Eligible Renovations will exceed 15,000 or where the EligibleRenovations include structural alterations or repairs, asbestos removal,removal of environmental or safety hazards, or other similar adverseconditions. Whenever Seller must review the qualifications and credentialsof Contractor, Seller is responsible for determining that the Contractor (i)has the experience to perform the Eligible Renovations; (ii) is licensed bythe appropriate authority to perform the Eligible Renovations; (iii) has thefinancial ability to complete the Eligible Renovations in the manner as setforth in the Work Specifications and on a timely basis; and (iv) hassufficient insurance to protect Mortgagor against property damage andlosses caused by Contractor, its employees or subcontractors, and againston-site injuries to Contractor, its employees or subcontractors. Contractormust agree to a ten percent holdback from each draw from theRehabilitation Escrow Account. In no case will SONYMA permit up-frontdraws to Contractor for labor to be performed upon entering into a contractwith Mortgagor. SONYMA will, however, permit an up-front draw for up toRemodel New York Program Addendum3

50 percent of the material costs provided the draw(s) are paid directly tomaterials suppliers. Once all of the Eligible Renovations have beencompleted and a final inspection to Seller’s satisfaction has been made,the final draw and the ten percent holdback will be disbursed to Contractor.In order to determine that Contractor meets these requirements, Sellermust obtain the following documentation:(a) Fully completed Contractor’s Resume (Exhibit 4);(b) Copies of all appropriate licenses;(c) When a general contractor is not facilitating the rehabilitation, copies ofall appropriate licenses and three trade and/or customer references for allsubcontractors.Upon receipt of the above documentation, Seller must, at minimum:(a) Verify the accuracy of all information listed on the Contractor’s Resume(Exhibit 4) including, but not limited to, checking trade and/or customerreferences and contacting insurance companies to verify adequacy ofinsurance coverage;(b) Obtain and review credit report of Contractor;(c) Review all licenses (including those of any subcontractors when ageneral contractor is not facilitating the rehabilitation) for legitimacy.If Seller’s analysis reveals no material inadequacies and such Contractorwould be acceptable to Fannie Mae under its HomeStyle Program,Contractor will be acceptable to SONYMA.2.103Mortgagor Actingas ContractorSONYMA will not permit the Mortgagor to act as Contractor unlessconstruction in the applicable trade is Mortgagor’s full-time occupation. Inno event will SONYMA allow Mortgagor to be compensated for “sweatequity” as part of the transaction.2.104ConsultantRequirementsSONYMA will require Mortgagor to utilize a Consultant wherever the EligibleRenovations exceed 15,000 or where the Eligible Renovations includestructural alterations or repairs, asbestos removal, removal of environmentalor safety hazards, or other similar adverse conditions. Seller is responsiblefor ensuring that the Consultant is in good standing and remains on HUD’sapproved consultant list for its FHA 203(k) Program. The Consultant willwork directly with Mortgagor in determining the Eligible Renovations and isresponsible for preparing the Work Specifications and cost estimate.The Consultant will prepare the Work Specifications and cost estimate priorto obtaining bids from contractors. To do so, the Consultant must performa physical inspection of the Eligible Property which, at a minimum, mustinclude the following determinations:(a) Whether there is evidence of vermin, dryrot, termites, or otherinfestation;(b) Whether there are any conditions that will adversely affect health andsafety;(c) The adequacy of existing structural, heating, plumbing, electrical, androofing systems;Remodel New York Program Addendum4

(d) The energy efficiency (thermal protection) of the dwelling; and(e) Any other deficiencies that may exist.If any deficiencies exist in the above categories, the Work Specificationsmust be modified to include the correction of these items. If the Consultantlacks the necessary expertise to inspect any of the above items,Consultant may rely on a subcontractor’s report to prepare the WorkSpecifications and cost estimate.Upon completion of the Work Specifications and cost estimate, Mortgagorcan begin the bidding process with contractors or subcontractors. TheMortgagor must review with the Consultant any bids which contain coststhat exceed the Consultant’s estimates. Once Mortgagor selects theContractor, Consultant will be required to fully complete column 1 of eachDraw Request and Rehabilitation Inspection Report (Form HUD-9746-A;Exhibit 5).2.105WorkSpecificationsand Cost EstimateThe Work Specifications and cost estimate shall be prepared by theConsultant or in cases where a Consultant is not required, by a licensed orcertified general contractor, architect, or engineer. Seller is responsible forensuring that reputable and competent contractors, consultants, architectsand/or engineers are utilized in the rehabilitation. To do this, Seller may usepreviously established standards and procedures for mortgage loans madeunder the FHA 203(k) or Fannie Mae HomeStyle Programs. The purposeof the Work Specifications and cost estimate is to:(a) enable the Seller to document and evaluate the amount of work required,the quality of materials, and the total cost of the Eligible Renovation;(b) determine the maximum amount of financing allowable;(c) enable the property appraiser to estimate the Eligible Property’s “asrehabbed” appraised value; and(d) develop a schedule as to the order and timing of when certain work isgoing to be completed, including the start and end date (generally, not toexceed six months from the Closing Date) of the rehabilitation.The Work Specifications and cost estimate can be completed using theSpecification of Repairs (Exhibit 6) or a similar work writeup. At a minimum,the Work Specifications and cost estimate must detail the work to beperformed with a cost breakdown for each job or stage of the project. Lumpsum amounts are not acceptable except where the cost breakdown is notreasonable and sufficient details are provided to determine acceptable costestimating.SECTION 2.2 - MORTGAGE LOAN ELIGIBILITY. This Section 2.2 covers only those requirements under theRemodel New York Program that differ from the requirements set forth in Section 2.2 of the Seller's Guide. ThisSection 2.2 and Section 2.2 of the Seller's Guide shall be read together.2.201Interest RateLock-in(a) Interest Rate Lock-in. Interest Rate Lock-ins shall be the same asSection 2.201(a) of the Seller's Guide, except that all references to LongTerm Lock-ins are hereby deleted; and paragraph (ii) is deleted.(b) Procedure to Lock Interest Rate. The procedure for locking interest ratesshall be the same as Section 2.201(b) of the Seller's Guide, except that theinterest rate locked will be the rate that was available on the ResidentialLoan Application Date for Short-Term Lock-ins under the Low Interest RateMortgage Program.Remodel New York Program Addendum5

(c) Commitment Extensions. The section on commitment extensions shallbe the same as Section 2.201(c) of the Seller's Guide, except that (1) ifSONYMA approves an extension of the commitment, the Mortgage Loanmust close at the higher of: (A) the interest rate locked on the Lock-inDate or (B) the interest rate available under the Low Interest Rate MortgageProgram for Short-Term Lock-ins on the Closing Date; and (2) paragraph (ii)is deleted.2.202Discount Fees(Points)Discount Fees shall be the same as Section 2.202 of the Seller's Guide,except that (1) the discount fee shall be equal to two and one-quarter points(two and one-quarter percent of the original principal balance of theMortgage Loan); (2) the discount fee shall be equal to the Origination Fee;and (3) Seller must collect one percent of the two and one-quarter percentdiscount fee on or prior to the Lock-in Date and the remaining one and onequarter percent on the Closing Date.2.203PermissibleExpensesPermissible Expenses shall be the same as Section 2.203 of the Seller’sGuide, except the following paragraph is added:Other reasonable and customary Mortgagor expenses shall include, but notbe limited to, attorney, title insurance and updates, and survey fees;consultant, architectural, engineering, inspection, and permit fees; aRehabilitation Escrow Account administration fee not to exceed the higherof 500 or one and one-half percent of the Total Rehabilitation Cost of theEligible Renovations; recording taxes and fees; and Escrows.2.204FinanceableExpensesUnder the Remodel New York Program, SONYMA will allow certainMortgagor fees or expenses to be financed with the Mortgage Loanproceeds. These fees or expenses are limited to consultant, architectural,engineering, inspection, permit fees, and a Rehabilitation Escrow Accountadministration fee not to exceed the higher of 500 or one and one-halfpercent of the Total Rehabilitation Cost of the Eligible Renovations. Inaddition, Mortgagor may finance the Contingency Reserve as described inSection 2.211 of this Addendum and if applicable, the six month MortgagePayment Reserve as described in Section 2.212 of this Addendum.2.205Minimum andMaximumRehabilitationAmounts(a) Minimum Rehabilitation Amount. The lower of (i) 5,000 or (ii) fivepercent of the as-rehabbed appraised value of the Eligible Property.(b) Maximum Rehabilitation Amount. 40 percent of the as-rehabbedappraised value of the Eligible Property.SONYMA will allow minor exceptions to the above amounts on a case-bycase basis.2.206EligibleRenovationsTo be eligible under the Remodel New York Program, all renovations mustbe (i) completed within six months of the Closing Date (extensions will bepermitted subject to the conditions set forth in Section 2.709 of thisAddendum), (ii) used for residential purposes only, and (iii) allowed by HUDunder the FHA 203(k) Program. See Exhibit 1 for a list of EligibleRenovations.2.207OccupancyOccupancy shall be the same as Section 2.207 of the Seller's Guide,except that if during the renovation period the Eligible Property isuninhabitable, Mortgagor must occupy the Eligible Property as his or herprincipal residence within 60 days of the Rehabilitation Completion Date.2.208MortgageSecurityMortgage Security shall be the same as Section 2.210 of the Seller'sGuide, except that the references to cooperative share loans are deleted.Remodel New York Program Addendum6

2.209Principal AmountAdvanced; NoMandatory FutureAdvances; Outstanding BalanceThe full principal amount of each Mortgage Loan must have been advancedto Mortgagor in accordance with the instruction of the Mortgagor or placedin the Rehabilitation Escrow Account. In no event shall the Seller retain anyportion of the Mortgage Loan proceeds for purposes of establishing suchaccount. The full amount of the Mortgage Loan must be disbursed to theMortgagor on the Closing Date. Establishment of the Rehabilitation EscrowAccount must be done after the Mortgage Loan is closed and proceedsdisbursed. Within a maximum of six months from the Closing Date, unlessServicer grants Mortgagor an extension as described in Section 2.709 ofthis Addendum, all renovations must be completed and any funds held inthe Rehabilitation Escrow Account must be released in accordance withSection 2.706 and 2.709 of this Addendum. Servicer is responsible forensuring all terms of the Rehabilitation Escrow Account are met and allwork is satisfactorily completed. Mortgagor must not have an option underthe Mortgage Loan to borrow from Seller, or any other person or entity,additional funds secured by the mortgage instrument without the consentof SONYMA. The outstanding principal balance of the Mortgage Loan mustbe as represented by Seller to SONYMA and must be fully secured by theMortgage Loan.2.210RehabilitationEscrow AccountOn the Closing Date, Seller must deposit funds equal to the amount of theTotal Rehabilitation Cost into the Rehabilitation Escrow Account. TheRehabilitation Escrow Account must be an interest bearing, FDIC-insuredcustodial account with such interest, after Servicer account maintenanceexpenses, inuring to the benefit of Mortgagor. Servicer is responsible foradministering the Rehabilitation Escrow Account, to ensure the EligibleRenovations are completed in a timely manner (generally, within six monthsof the Closing Date) and in accordance with the Work Specifications.Except for the Mortgage Payment Reserve, if applicable, Servicer willdisburse funds jointly to Contractor and Mortgagor [unless as otherwisestated in Section 2.706 (b) (vi) of this Addendum] as the rehabilitation workis completed in accordance with the construction contract and theMortgage Loan Agreement (Form R3; Exhibit 7). SONYMA recommendsthat no more than five draws be made from the Rehabilitation EscrowAccount, but will allow more if Servicer deems it necessary. SONYMA willrequire an inspection of the Eligible Property prior to each draw. In addition,except as stated in Section 2.706(c) below, a ten percent holdback fromeach draw will be required. Upon release of the final draw, the held backfunds will also be released. If Mortgagor financed a Mortgage PaymentReserve, such funds shall be drawn down directly to Servicer as eachmortgage payment becomes due and payable.If any funds remain in the Rehabilitation Escrow Account after all of theEligible Renovations have been completed, such funds including theContingency Reserve and the Mortgage Payment Reserve, may be used atthe Mortgagor’s election for additional repairs. Servicer may approve suchwork without SONYMA’s consent as long Servicer deems the repairs willnot negatively impact the Eligible Property’s appraised value. However,Servicer will be required to submit to SONYMA and the Pool Insurerdocumentation evidencing the nature and cost of the elective repairs.If any funds remain in the Rehabilitation Escrow Account and Mortgagorelects not to make additional repairs, the funds that were deposited fromthe Mortgage Loan proceeds on the Closing Date and remaining in theRehabilitation Escrow Account as of the Rehabilitation Completion Datemust be applied to the principal balance of the Mortgage Loan. Anyadditional funds deposited by Mortgagor into the Rehabilitation EscrowAccount that were not part of the Mortgage Loan proceeds may, atRemodel New York Program Addendum7

Mortgagor’s option, be applied to the principal balance of the MortgageLoan or returned to Mortgagor.2.211ContingencyReserveA Contingency Reserve equal to at least ten percent of the TotalRehabilitation Cost of the Eligible Renovations must be deposited into theRehabilitation Escrow Account to cover unforseen repairs or deficienciesduring the rehabilitation. The Contingency Reserve may be financed withthe Mortgage Loan proceeds or deposited separately by Mortgagor from anacceptable source as described in Section 3.101 of the Seller’s Guide andthis Addendum. Seller may require a Contingency Reserve more than tenpercent if circumstances warrant the higher amount. For example, if theEligible Property’s utilities were shut off at the time Consultant inspectedthe premises, a higher Contingency Reserve should be considered.If the Contingency Reserve is insufficient to cover the costs to completeany unforseen repairs or deficiencies, Mortgagor can remediate thesituation by (1) depositing into the Rehabilitation Escrow Account funds,from an acceptable source as described in Section 3.101 of the Seller’sGuide and this Addendum, the amount necessary to pay for the additionalrepairs, and/or (2) adjust the scope of the Work Specifications byeliminating or reducing certain repairs or work. Mortgagor, Contractor, andif applicable, Consultant should jointly decide upon the changes to be madeto the Work Specifications, if needed. Servicer must also approve anychanges to the Work Specifications.2.212MortgagePayment ReserveIf the Eligible Renovations will render the Eligible Property temporarilyuninhabitable during the rehabilitation period, Mortgagor may elect tofinance up to six mortgage payments (principal, interest, taxes, andinsurance) to avoid making housing payments on two separate residencesduring the rehabilitation period. The actual number of mortgage paymentsto be financed will depend on the actual number of months that the EligibleProperty is expected to remain uninhabitable. If the rehabilitation iscompleted prior to all of the mortgage payments being expended, theremaining balance of the Mortgage Payment Reserve must be applied asstated in Section 2.210 above.2.213Mortgage andMortgage NoteFormsSONYMA shall require that the forms set forth in Section 2.212 of theSeller's Guide be used for Mortgage Loans under the Remodel New YorkProgram, except that (1) the Rehabilitation Loan Rider (Form R5; Exhibit8) must also be attached to and recorded with the Mortgage; and (2)paragraph (d) is deleted.2.214Title AssuranceRequirementsTitle Assurance Requirements shall be the same as Section 2.216 of theSeller's Guide, except that a new paragraph (b) is added as below andsubsequent paragraphs (b) and (c) are redesignated as (c) and (d),respectively.(b) Submission of Title Updates and Waivers of Lien. Upon completion ofthe rehabilitation and final disbursement from the Rehabilitation EscrowAccount, Servicer must provide SONYMA with evidence of title insurancethrough the final disbursement date showing the Mortgage Loan remains ina first lien

2.704 SONYMA Pre-Closing Review 12 2.705 Purchase of Mortgage Loans by SONYMA 13 2.706 Administration of Rehabilitation Escrow Account 14 2.707 Property Inspector Requirements 15 2.708 Change Orders 15 2.709 Work Completion and Final Disbursement 16. iii 2.710 Repurchase Page 16