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Under certain circumstances, members and project sponsors or owners may be
required to return AHP subsidies to the Federal Home Loan Bank of Chicago
(FHLB Chicago). Checks should be made payable to or endorsed to the FHLB Chicago.
Checks should be mailed to the following address:
Community
Investment Group
Federal Home Loan Bank of Chicago
111 E. Wacker Drive, Suite 800
Chicago, IL 60601
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Repayment by the Homeowner |
| The FHLB Chicago must be given notice
of any sale, refinancing, foreclosure, or change in owner-occupied
status occurring prior to the end of the retention period.
• In the case of a sale, a pro rata
share of the AHP subsidy, reduced for every full month the
seller(s) owned the unit and used it as their primary residence,
shall be repaid to the FHLB Chicago from any net gain realized
upon the sale of the unit after deduction for transaction costs incurred in both the original purchase and the sales transaction.
If the purchaser is a low or moderate income household,
i.e. at time of execution of sales contract having an income
of 80% or less of area median income based on FHLBC income calculation guidelines, the obligation to repay the subsidy is terminated.
• In the case of refinancing, a pro rata share of the AHP
subsidy, reduced for every full month the seller(s) owned the unit and used it
as their primary residence, shall be repaid to the FHLB Chicago from
any net gain realized upon refinancing unless the unit continues to
be subject to a legally enforceable retention agreement.
• In the case of a foreclosure, the obligation to repay any subsidy
is terminated after foreclosure.
The AHP/DPP®
repayment is calculated on a monthly basis
with 1/60th of the subsidy forgiven for each
full month.
The member must include a Repayment Worksheet with the check. Click
here for assistance with calculating a repayment.
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Repayment by the Project
Sponsor/Owner |
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The sponsor, or owner if applicable, will be responsible for repayment of all or a portion
of the AHP subsidy in the following circumstances:
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Owner-Occupied Projects |
| The AHP subsidy was used upfront for construction/rehab costs and:
• A reduction in project development costs or an increase in
financing sources reduces the need for the AHP subsidy.
• The AHP subsidy was used for ineligible costs.
• The benefit of the AHP subsidy was not passed through to the
homebuyer/owner.
• The project is out of compliance with the commitments made in the
AHP application.
Sponsors of owner occupied projects may be required to repay
subsidies not used in compliance with the terms of the application that
result from the sponsor's actions or omissions.
Community Investment staff will determine the amount of AHP subsidy to be
repaid and notify the project sponsor, or owner if applicable, in writing.
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Rental Projects |
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• A reduction in project development costs or an increase in
financing sources reduces the need for the AHP subsidy.
• The AHP subsidy was used for ineligible costs.
• The project is out of compliance with the commitments made in the
AHP application.
• In the case of a sale or refinancing of the project property
prior to the end of the retention period, the full amount of the
subsidy shall be repaid to the FHLB Chicago, unless the project
continues to be subject to a deed restriction or other legally
enforceable retention agreement or mechanism incorporating the income
eligibility and affordability restrictions committed to in the AHP
application (or subsequent approved modifications).
• If a member or project sponsor lends a direct subsidy to a project
any repayments of principal and payments of interest received by the
member or sponsor must be paid forthwith to the FHLB Chicago.
• Project sponsor, or owner if applicable, may be required to repay
subsidies not used in compliance with the terms of the application that
result from the sponsor's or owner's actions or omissions.
Community Investment staff will determine the amount of AHP subsidy to be
repaid and notify the project in writing.
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• Agree
to subordinate the junior mortgage
that secures the AHP direct subsidy to refinanced
first mortgage. No subsidy would have to be
repaid.
• Transfer
the retention agreements to the new lender
on the same terms and timetable. The
new lender must also execute a Direct Subsidy
Agreement with the FHLB Chicago to ensure
repayment. No subsidy would have to be repaid.
• Collect
the unforgiven portion of the subsidy
when the new loan is closed if neither of
the first two options is chosen.
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