Lender Narrative – Section 232/223(a)7 Refinance |
U.S. Department of Housing and Urban Development Office of Residential Care Facilities |
OMB Approval No. 9999-9999 (exp. mm/dd/yyyy) |
Public reporting burden for this collection of information is estimated to average 22 hours. This includes the time for collecting, reviewing, and reporting the data. The information is being collected to obtain the supportive documentation which must be submitted to HUD for approval, and is necessary to ensure that viable projects are developed and maintained. The Department will use this information to determine if properties meet HUD requirements with respect to development, operation and/or asset management, as well as ensuring the continued marketability of the properties. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions.
INSTRUCTIONS:
The narrative is a document critical to the Lean Underwriting process. Each section of the narrative and all questions need to be completed and answered. If the lender’s underwriter disagrees and modifies any third-party report conclusions, provide sufficient detail to justify. The narrative should identify the strengths and weaknesses of the transactions and demonstrate how the weaknesses are mitigated by the underwriting.
Charts: The charts contained in this document have been created with versatility in mind; however, they will not be able to accommodate all situations. For this reason, you are allowed to alter the charts as the situation demands. Be sure to state how you have altered the charts along with your justification. Include all the information the form calls for. Charts that include blue text indicate names that should be modified by the lender as the situation dictates.
Applicability: If a section is not applicable, state so in that section and provide a reason. Do not delete a section heading that is not applicable. The narrative will be checked to make certain all sections are provided. If a major section is not applicable, add “ – Not Applicable” to the heading and provide the reason. For instance:
Parent of the Operator – Not Applicable
This section is not applicable because there is no operator.
The rest of the subsections under the inapplicable section can then be deleted. This instruction page may also be deleted.
Format: In addition to submitting the PDF version of the Lender Narrative to HUD, please also submit an electronic Word version.
Instead of pasting large portions of text from third-party reports into the narrative, it is preferred that the lender simply reference the page number and the report. The focus of this document is for lender conclusions, analyses, and summaries.
Italicized text found between these characters <<EXAMPLE>> is instructional in nature, and may be deleted from the lender’s final version. Please use the gray shaded areas (e.g., ) for your responses. Double click on a check box and then change the default value to mark selection (e.g., ).
Project is Currently HUD- Insured 6
Special Underwriting Considerations 7
Net Operating Income Analysis 9
ALTA/ACSM Land Title Survey 11
Professional Liability Coverage 16
Fidelity Bond/Employee Dishonesty Coverage 16
Amount Based on the Cost to Refinance 17
Existing HUD-Insured Indebtedness 18
Other Eligible Existing Indebtedness 18
Additional Replacement Reserve Deposit 18
Legal and Organizational Costs 19
Circumstances that May Require Additional Information 20
Project Name: |
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Project Address: |
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City / State / Zip: |
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Purpose of Loan: |
<<description of purpose of loan (e.g., lower interest rate, fund repairs, correct default, etc.)> > |
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Type of Facility: |
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Skilled Nursing: |
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beds |
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units |
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Assisted Living: |
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beds |
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units |
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Board & Care: |
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beds |
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units |
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Dementia Care: |
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beds |
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units |
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Independent: |
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beds |
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units |
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Totals: |
0 |
beds |
0 |
units |
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Effective Gross Income: |
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Expenses & Repl. Res.: |
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Expense Ratio: |
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Net Operating Income: |
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Borrower: |
<<Legal Name>> |
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Operator: |
<<Legal Name>> |
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Operating Lease |
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Management Agent: |
<<Legal Name>> |
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Key Questions
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Yes |
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No |
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If you answer “yes” to any of the above questions, please address below. If not applicable, indicate “NA” in the No column.
<<Identify the risk factors. Analyze and clarify how they are mitigated.>>
Other Risk Factors Identified by Underwriter
Additionally, the underwriter has identified the following risk factors:
<<Provide discussion on other risk factors identified by the underwriter and how they are mitigated.>>
<<Affirmative statement confirming the existing loan is currently HUD-insured and not HUD-Held.>>
<<Make an affirmative statement confirming that HUD has approved prepayment of the existing loan. Provide the date of HUD’s prepayment approval. Evidence of HUD’s approval should be included in the application.>>
<<Identify any waivers required for proposed financing. Identify specific provisions to be waived and justification for the waiver.>>
Name: |
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Underwriter: |
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Underwriter Trainee: |
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Lender #: |
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<<UNDERWRITER>>
<<Brief description of qualifications>>
<<UNDERWRITER TRAINEE, if Applicable>>
<<Brief description of qualifications>>
Key Questions
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No |
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<<If you answer “yes” to any of the above questions, please briefly address below.
Example: Borrower and Operator: The borrower and operator are related parties – John Doe has ownership in both entities. No other identities of interest are disclosed.>>
Key Questions
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If you answer “yes” to any of the above questions, discuss the topic. If there are any associated risks, describe how they will be mitigated.
<<For each “yes” answer above, provide a narrative discussion regarding the topic.>>
Key Questions
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Beds |
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Units |
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Yes |
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No |
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Month/Year |
Occupancy |
Year-to-date |
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1 year ago |
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2 years ago |
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3 years ago |
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<<Please address any item(s) listed above that need explanation.>>
Key Questions
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Responses |
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Yes No |
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Yes No |
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<<Please address any item(s) listed above that needs explanation.>>
Key Questions
Date
of visit:
Name
and title of individual(s) with whom lender representative met while
on site:
Name
and qualifications of lender representative who visited the site
(should be an underwriter, appraiser or construction
specialist):
Has the facility completed
any substantial rehabilitation since it originally came into the FHA
portfolio? List dates and explain. Also, provide explanation if
HUD approval was not obtained.
Please
provide an overall assessment of the facility. Photographs are
optional.
<<Please address any item(s) listed above that needs explanation.>>
Key Questions
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No |
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If you answer “yes” to the above questions, please identify the specifics of the circumstance and describe how the underwriter justified or mitigated this risk. Note that a more detailed analysis of operating income may be required. If the debt service payments increase, a full three-year and year-to-date historical analysis must be provided (use Section 223f model).
<< A detailed analysis of the income and expenses may not be required. The debt service mortgage criterion can be based on a trailing 12-month operating statement. If the borrower is unable to supply historical income and expenses in the form of trailing 12-months, the most recent full year data is acceptable. Net operating income equals earnings before interest, taxes, depreciation, amortization and rent (EBITDAR). If either a decrease in reimbursement rate or an increase in net operating income is projected, a more detailed analysis of the net operating income must be provided.>>
Income Analysis |
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Trailing 12-months |
Effective Gross Income: |
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Expenses: |
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Repl. Reserves: |
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Net Operating Income: |
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Date of Search: |
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Firm: |
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File Number: |
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Key Questions
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Yes |
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No |
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If you answer “yes” to any of the above questions, please identify each risk factor and how it is mitigated below.
<<For each “yes” answer above, provide a narrative discussion regarding the topic.>>
Date/Time: |
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Firm: |
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Policy Number: |
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Key Questions
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Yes |
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No |
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If you answer “yes” to any of the above questions, please briefly address below.
<<For each “yes” answer above, provide a narrative discussion regarding the topic. Example: Additional Endorsements: As described in the Risk Factors section of the narrative, the XXXX does not conform to the past or current zoning requirements. The Lender recommends….>>
Key Questions
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No |
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If you answer “yes” to any of the above questions, a current “as built” survey conforming to the HUD-91111-ORCF, Survey Instructions and Owner’s Certification is required. Attach HUD-9001b-ORCF, Addendum to Underwriting Narrative –ALTA/ASCM Land Title Survey.
If you answer “no” to all of the above questions, copies of the most recent signed and certified “as built” survey accepted by HUD needs to be provided (need not be an original). No further review is needed. If copies are not available, a current “as built” survey conforming to the HUD-91111-ORCF, Survey Instructions and Owner’s Certification is required. Attach HUD-9001b-ORCF, Addendum to Underwriting Narrative –ALTA/ASCM Land Title Survey.
Name: |
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State of Organization: |
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Date Formed: |
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Termination Date: |
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Key Questions
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Yes |
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No |
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If you answer “yes” to any of the above questions, please identify each risk factor and how it is mitigated below.
<<For each “yes” answer above, provide a narrative discussion regarding the topic.>>
<<Provide an organization chart and narrative. At a minimum, all borrower principals must be identified.>>
Name: |
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State of Organization: |
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Date Formed: |
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Termination Date: |
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Key Question
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Yes |
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No |
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<<Provide an organization chart and narrative, if applicable. At a minimum, all operator principals must be identified.>>
Date of Agreement: |
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Current Lease Term Expires: |
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Description of Renewals: |
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Major Movable Equipment: |
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Current Ownership: |
<<Borrower/Operator>> |
Post-closing Ownership: |
<<Borrower/Operator>> |
Key Questions
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Yes |
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No |
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If you answer “yes” to any of the above questions, please identify specifics of the circumstance.
<<Describe how the underwriter justified or identified mitigation of all associated risks.>>
The lease payments must be sufficient to (1) enable the borrower to meet debt service and impound requirements; and (2) enable the operator to properly maintain the project and cover operating expenses. The minimum annual lease payment must be at least 1.05 times the sum of the annual principal, interest, mortgage insurance premium, reserve for replacement deposit, property insurance, and property taxes. The underwriter has prepared an analysis demonstrating the minimum annual lease payment.
a. |
Annual Principal and Interest |
$ |
b. |
Annual Mortgage Insurance Premium |
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c. |
Annual Replacement Reserves |
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d. |
Annual Property Insurance |
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e. |
Annual Real Estate Taxes |
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f. |
Total Debt Service and Impounds |
$ |
i. |
Minimum Annual Lease Payment |
$ |
<<Compare the minimum annual lease payment to the current lease payment. If the lease payment needs to increase, add the following language: “The lease payment must be increased to $XX per year ($XX per month). The underwriter has included a special condition to the firm commitment requiring the lease payment be revised to meet or exceed this minimum.” If the lease payment does not need to increase, add the following language: “The current lease payment is sufficient.”>> The recommended annual lease payment also provides the operator with an acceptable profit margin.
<<Provide a description of the responsibilities of the borrower and operator under the terms of the lease with regard to the following: payment of real estate taxes; maintenance of building; capital improvements; replacement of equipment; property insurance; etc.>>
<<Confirm that the Operating Lease will include the HUD-91116-ORCF, Addendum to Operating Lease. >>
Program Guidance:
Prior to closing, the lease needs to be modified by attachment of the HUD Addendum to Operating Lease, HUD-91116-ORCF, to include the appropriate HUD requirements, including:
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Key Questions |
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No |
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“Same ownership” is defined as different properties or business entities that are wholly owned by the same natural person, entity, or group—generally 100% common ownership among the properties. In the case of not-for-profit entities, “ownership” will be evaluated based on the principals identified through the HUD Previous Participation (2530/APPS) process. The ownership structure may be a corporation, limited liability company, partnership or limited partnership, or other legal structure.
If you answer “yes” to Key Questions 2 or 3 and 4, a master lease is required. This is true regardless of whether a mortgagor chooses to use different lenders for the loans in its portfolio.
<< Provide a narrative describing the terms of the master lease, lease payments, all parties involved, renewal provisions, etc. The HUD Lease Addendum must be attached to the Subleases. The projects with same ownership must be identified on the HUD-90013-ORCF, Consolidated Certifications - Borrower.>>
Name: |
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Relation to Borrower: |
<<Owner Managed/IOI Entity/Independent/Other>> |
Key Questions
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Yes |
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No |
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<<If you answer “no” to question 2 or 3, the management agreement must be amended to provide all HUD termination provisions. Confirm that a special condition has been recommended to include them in the management agreement.>>
Key Questions |
Yes |
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No |
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If you answered “yes” to any of the above questions, please discuss any open findings or issues, and their resolutions.
Name of Insured: |
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Insurance Company: |
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Statute of Limitations: |
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Current Expiration: |
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Retroactive Date: |
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Current Coverage |
Per Occurrence: |
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Aggregate: |
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Deductible: |
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Key Questions |
Yes |
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No |
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If you answer “yes” to any of the above questions, please identify the circumstance and address below.
<<Narrative recommendation regarding acceptability of professional liability insurance. For example, “The borrower’s professional liability insurance was analyzed in accordance with HUD requirements. The property has XX current potential (threatened) insurance claims at this time as reflected on the certification provided by the borrower. It is the lender’s opinion that the information provided above and in the application sufficiently demonstrates that the existing professional liability coverage meets HUD’s requirements and that the risk from professional liability issues is sufficiently addressed. No modifications to the current coverage are recommended.”>>
<<Narrative discussion of review. For example, “Hazard and Liability insurance will be provided by XX. The insurance coverage will continue to comply with HUD requirements.”>>
<<Narrative discussion of review. For example, “The subject has inadequate fidelity (crime/dishonesty) insurance. HUD requires coverage equal to at least two (2) months gross income or $_________ for 223(a)(7)s. Coverage that meets or exceeds the HUD minimum requirements must be in place prior to closing. The Lender and HUD (451 7th St S.W. Washington D.C. 20410) must be named as additional loss payees.” If not sufficient, recommend special condition.>>
The mortgage loan criteria shown on form HUD-92264a-ORCF are summarized as follows:
Requested Loan Amount |
$ |
Original Principal Balance: |
$ |
Amount Based on the Cost to Refinance: |
$ |
The proposed mortgage loan is $ and is constrained by . The underwritten debt service coverage, including debt service and MIP payment, is , which is % of the estimated net operating income
The original principal balance is $ . <<Multiple FHA-insured mortgage loans on the same facility can be refinanced under one 223(a)(7) loan. For each insured loan provide the current loan information identified in the Executive Summary.>>
The costs to refinance associated with the project total $ on form HUD-92264a-ORCF, which is used to calculate the mortgage loan amount for this criterion. This total includes the following:
Unpaid Principal Balance |
$ |
Payoff Processing Fee |
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Final Month’s Interest |
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Prepayment Penalty |
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Other Eligible Existing Indebtedness |
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Additional Replacement Reserve Deposit |
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Critical Repairs |
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Non-Critical Repairs |
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Owner-Elected Repairs |
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Borrower Legal & Organizational |
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Title & Recording |
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HUD Exam Fee |
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HUD MIP |
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Lender Financing Fee |
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Lender Legal Fee |
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GNMA Fee |
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Permanent Placement Fee |
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Lender Closing Fee |
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PCNA, if required |
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Survey, if required |
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Other <<identify>> |
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Total: |
$ |
Schedule of HUD-Insured Loans to Refinance
Lender |
Pay-off Amount |
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$ |
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$ |
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$ |
Total: |
$ |
General Review
<<Narrative review of debt and payoff information. The discussion should explain each item that is included in the existing indebtedness, including the unpaid principal balance, payoff processing fees, final month’s interest, and anything else included in the payoff. For example, “Per the statement from XXX dated XXXX, the current existing indebtedness is $XXXX. The payoff balance will be reconfirmed prior to closing and only eligible payoff charges will be included in the cost certification.”>>
<<Divide the costs of the transaction by the debt service savings per month. Do not include replacement reserve deposits, required repairs, taxes, insurance, interest or MIP. If any portion of the prepayment penalty will be paid for by an interest rate premium, do not include that portion of the prepayment penalty in the Cost Recapture. The Cost Recapture must be less than 120 months.>>
<<Describe whether there is any existing indebtedness. If any is being refinanced under the proposed 223(a)(7) loan, attach HUD-9001d-ORCF, Addendum to Underwriting Narrative – Other Eligible Existing Indebtedness.>>
<<Describe any prepayment penalties associated with refinancing the existing obligations. Include the amount and explain how it is calculated. State when and by how much the prepayment penalty will decrease in the next 12 months. If none, state “None.”>>
<<If the proposal includes increasing the replacement reserve balance with loan proceeds, indicate the amount and provide justification for the increased balance. If none, state “None.”>>
<<If the proposal includes funding critical, non-critical or owner-elected repairs, list the repairs, the estimated cost and provide justification. If none, state “None”>>
Critical: |
$ |
Non-Critical: |
$ |
Owner-Elected: |
$ |
The borrower’s legal and organization costs are estimated to total $ ($ for legal / $ for organizational expenses). The underwriter concluded that the budgeted amounts are reasonable.
Title and recording fees are estimated to cost $ . The underwriter concluded that the budgeted amount is reasonable.
<<This section pertains to the Amount Based on the Cost to Refinance on the HUD-92264a-ORCF, and the fees calculated for that criterion may not match the actual fees in the sources and uses. If they do not match, provide both.>> The HUD fees total $ and are comprised of MIP totaling % of the mortgage loan amount ($ ) and the HUD application fee totaling 0.15% of the mortgage loan amount ($ ).
Program Guidance:
There is no inspection fee required on Section 223(a)(7) transactions. |
<<This section pertains to the Amount Based on the Cost to Refinance on the HUD-92264a-ORCF, and the fees calculated for that criterion may not match the actual fees in the sources and uses. If they do not match, provide both. All fees paid to the lender are to be discussed. Maximum lender fees can not exceed 2% of the mortgage loan.>> The financing fees payable to the lender total $ . These fees are further broken down as follows:
Lender |
Pay-off Amount |
Lender Financial Fee |
$ |
Lender Legal Fee |
$ |
GNMA Fee |
$ |
Permanent Placement Fee |
$ |
Lender Closing Fee |
$ |
Other <<Identify.> |
$ |
Total: |
$ |
<<If other fees are included, provide a descriptive listing with the estimated cost. Provide justification for eligibility. If none, state “None.”>>
<<Provide a statement of Sources and Uses of actual estimated cost at closing. Include all eligible and ineligible transaction costs.>>
<<List and discuss all secondary sources, including terms and conditions of each. Secondary sources include interest rate premiums, surplus cash notes, grants, loans, tax credits, lines of credit, and the like.>>
<<List and discuss all existing long-term debt that will survive closing. HUD must agree to the surviving debt and may require a surplus cash note. If none, state “None.”>>
The type of financing available to the borrower upon issuance of the commitment will likely be in the form of .
In addition to the information required in this narrative, depending upon the facility for which mortgage insurance is to be provided, the mortgagor, operator, management agent and such other parties involved in the operation of the facility, current economic conditions, or other factors or conditions as identified by HUD, HUD may require additional information from the lender to accurately determine the strengths and weaknesses of the transaction. If additional information is required, the questions will be included in an appendix that accompanies the narrative.
<<List any recommended special conditions. If none, state “None.”>>
<<Narrative conclusion and recommendation>>
Check all those that apply and include as addenda to this report.
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PCNA, HUD-9001a-ORCF |
PCNA is required submission. |
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Survey, HUD-9001b-ORCF |
Refer to ALTA/ACSM Land Title Survey section. |
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Environmental, HUD-9001c-ORCF |
Building footprint, impervious surfaces, or project land is to be increased. |
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Other Eligible Existing Indebtedness, HUD-9001d-ORCF |
Refer to Other Eligible Existing Indebtedness section. |
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Principal of the Borrower, HUD-9001e-ORCF |
Ownership change; principal not previously approved by HUD. |
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Operator, HUD-9001f-ORCF |
Operator change; not previously approved by HUD. |
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Management Agent, HUD-9001g-ORCF |
Management Agent chang;, not previously approved by HUD. |
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Transfer of Physical Assets HUD-9001h-ORCF |
Transfer of Physical Assets, not previously approved by HUD. |
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Accounts Receivable Financing, HUD-9001i-ORCF |
Project’s Accounts Receivables are financed. |
Lender hereby certifies that the statements and representations of fact contained in this instrument and all documents submitted and executed by lender in connection with this transaction are, to the best of lender’s knowledge, true, accurate, and complete. This instrument has been made, presented, and delivered for the purpose of influencing an official action of HUD in insuring the loan and may be relied upon by HUD as a true statement of the facts contained therein.
Lender: |
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HUD Mortgagee/Lender No.: |
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This report was prepared by:
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Date |
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This report was reviewed by:
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Date |
<<Name>> <<Title>> <<Phone>> <<Email>> |
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<<Name>> <<Title>> <<Phone>> <<Email>> |
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File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | h56877 |
File Modified | 0000-00-00 |
File Created | 2021-01-22 |