Refinancing Cooperative Housing Projects HUD FHA 223(f) loans€¦ · • HUD insures loans against...

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Refinancing Cooperative Housing Projects HUD FHA 223(f) loans Kelly Boyer 213-239-2071 [email protected]

Transcript of Refinancing Cooperative Housing Projects HUD FHA 223(f) loans€¦ · • HUD insures loans against...

Page 1: Refinancing Cooperative Housing Projects HUD FHA 223(f) loans€¦ · • HUD insures loans against default: –AAA Credit enhanced loan has high value on mortgage market –Very

Refinancing Cooperative Housing Projects

HUD FHA 223(f) loans

Kelly Boyer

213-239-2071

[email protected]

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Federal Housing Administration (FHA)

• FHA finances multifamily housing of all types: Must be good real estate in good condition that is responsibly managed.

• HUD insures loans against default:

– AAA Credit enhanced loan has high value on mortgage market

– Very generous loan terms

• Fixed interest rate

• 35 year financing

• Non-recourse to the borrower

– Uses HUD approved lenders, such as Citibank, to make the loan

• HUD currently has more than 47,000 multifamily properties

– Approximately 14,000 are multifamily projects

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Why The Excitement?

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HUD financing for Coops

223(f) Refinance – Can refi to pay-off existing debt, make repairs and improvements and pay for loan closing costs, all without changing the Coop status of the property.

Only existing Non-Profit Coops – no new construction or conversion properties

Existing age restrictions may carry forward

** Better than depleting project reserves and mandating special assessments

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Threshold Requirements:

• 1. Rent Roll – including name, whether owner occupied, ownership percentage, monthly carrying charge, special assessments, and past due balances of 30 days or more;

• 2. Financial Statements for the Past Three Years – review for history of outstanding accounts payable tied to maintenance and for special assessments

– * Total outstanding accounts payable for maintenance and special assessment charges must not exceed 5% of gross annual income

– Example: If gross income is $1,000,000 then outstanding accounts payable cannot exceed $50,000.

Projects with a history of vacancies, or shareholders not paying carrying charges or other co-op obligations are not eligible for the program.

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Other financing considerations:

• OWNER OCCUPANCY – 75% owner occupied and no leases of <90 days

• Strong markets that accept co-op housing; vacancy rate of <5%

• Carrying charges are able to keep the property well maintained

– Can increase by 5% as part of new financing

• Cannot finance more than $6,500 per unit in repairs; increasing to $40,000 in 2016

• Affirmative marketing plan - Fair Housing rules apply

• Meets (or will meet) accessibility requirements if built after March 13, 1991

• Senior properties – at least 1 member over the age of 62 at initial occupancy

• No mandatory meal service

• Up to 20% of the space can be commercial, including parking

• Ground leases are okay

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Reserve Requirements:

• General Operating Reserves (GOR) formula –

• 3% of the monthly carrying charges until reserve is 15% of annual carrying charges; then

• 2% of the monthly carrying charges until reserve is 25% of annual carrying charges; then

• Suspended unless amount goes below 25%, then resume 2%-3% deposit

• HUD may require 15% deposit to GOR as part of the financing

Are we having fun yet???

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Owner Documents:

• Original project design information, if possible

• Resolution of the BOD and Shareholders giving approval to enter into the financing

• Adoption of HUD’s Model By-Laws

• Minutes of the last 6 BOD meetings

• Must agree to use HUD form of Occupancy Agreement and Model Form of Sublease

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Multifamily office consolidation to be completed by 2016

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Processing &

Underwriting

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223(f) Co-Op Refinancing Application Process

Concept Meeting

Is HUD interested?

Pre-Application

Capital Needs Analysis

Appraisal Environmental

Phase I

Firm Application

Credit-Worthiness

BOD Performance

History

Ability to Close

Firm Commitment

Waivers are Approved

Closing docs are reviewed

Final Plans and Specs

Closing Regulatory Agreement

Lender oversight of

repair process

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Section 223(f)

Acquisition or Refinance of Existing Apartments

Concept Meeting HUD agrees

to finance loan

Prep Application

$25,000 for third party

reports

Firm Application Firm

Application Fee: 30 bps

HUD Inspection fee of 50 bps per

unit

Firm Commitment Interest Rate guarantee fee

of 50 bps

Complete Critical Repairs

Closing 1% MIP Due to HUD

All other closing costs

paid from mortgage

Completion Assurance

Request consent to pay for costs

Request funds from replacement

reserve

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Section 223(f)

Refinance of Existing Cooperatives

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Section of the

Act

Minimum

DSCR

Debt

Service

Limited

Loan

Ratio

Cost

Limited

Loan Ratio

MIP

(Basis

Points)

223(f) non-profit 1.00x 100% 65% 45

Existing debt +

Repairs + Closing

Costs, R4R

deposit, GOR

deposit

45

*No cash out to

members or non-

profit

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Borrower Fees and Timing

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Fee Timing of Payment Estimated Cost

Origination Fee At lender engagement 1.25% - 3%

HUD Application Fee At application for HUD Firm Commitment* Market Rate – 50% at initial ap

30 bps of the loan amount

HUD Inspection Fee At closing For NC/SR: 50 bps For Refi: $1,500 if repairs are less than $100,000 (can be waived) $30 per unit or 1% of the proposed repairs if repairs are more than $3,000 per unit $30 per unit if repairs exceed $100,000 in total but are less than $3,000 per unit.

Critical Repairs Prior to closing Varies by project

MIP At closing 1% or 2x annual MIP

Third Party Reports Prior to closing Varies by market

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Questions

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