OPG 7.14 Certification of Closing Attorney

OMB No. 2502-0533
(Exp, 12/31/2017)

Mark-to-Market
Certification of Closing Attorney

Form 7.14

PRIOR TO PRINTING, DELETE ABOVE LINE AND PRINT ON ATTORNEY LETTERHEAD
(EXECUTE FORM 7.8 IN ADDITION IF 223(A)(7) TAKEOUT)
CERTIFICATION OF CLOSING ATTORNEY
RE: LEGAL REQUIREMENTS FOR
M2M RESTRUCTURINGS WITH NO
PARTIAL PAYMENT OF CLAIM

Re: FHA Project No. ______________
Project Name: ____________________
Location: _______________________

TO: ___________________________
Recap Preservation Office Director
________________ Region
Date: ___________________

I am the attorney for _____________________________, Participating Administrative
Entity. I hereby certify that all of the legal requirements for closing set out in the Recap M2M
Operating Procedures Guide and the Recap Restructuring Commitment have been met and all
required funds are in place. All closing documents in this transaction that require recordation
have been duly filed of record in the proper order. I am in receipt of a policy of title insurance
effective as of this date, which names the Mortgagee and the Secretary of HUD as the insured
parties, and that insures that the Use Agreement and the M2M Deed(s) of Trust/Mortgage(s)
constitute valid liens and/or encumbrances. I acknowledge that the making of a false statement of
fact in this certification may lead to criminal prosecution or civil liability as provided pursuant to
applicable law, which may include 18 U.S.C. 1001, 1010, 1012; 13 U.S.C. 3729, 3802.
________________________________________
Attorney for _____________________________
Participating Administrative Entity

09/30/04

Public reporting burden for this collection of information is estimated to average 0.5 hour per
response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. This information is required to obtain benefits. The Office of Multifamily Housing,
Office of Recapitalization 451 7th Street SW, Room 6230 Washington, DC 20410. HUD may
not collect this information, and you are not required to complete this form, unless it displays a
currently valid OMB control number. Title V of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations Act of 1988
(P.L.105-65, 111 Stat. 1384) authorizes the FHA Multifamily Housing Mortgage and Housing
Assistance Restructuring Program. HUD implemented a statutory permanent program directed
at FHA-insured multifamily projects that have project- based Section 8contracts with abovemarket rents. The information collection is used to determine criteria eligibility of FHA-insured
multifamily properties for participation in the Mark to Market program and the terms on which
participation should occur. The purpose of the program is to preserve low-income rental housing
affordability while reducing the long-term costs of Federal rental assistance. While no
assurances of confidentiality are pledged to respondents, HUD generally discloses this data only
in response to a Freedom of Information request.