Lender Narrative Supplement – Cost Certification Section 232 – New Construction, Substantial Rehabilitation, and Section 241(a) |
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 15 hour. 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. 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 lender should review the Cost Certification and audited financial statements and complete the following sections of this supplement:
Mortgage Increase Request? |
New Construction |
Substantial Rehabilitation |
232/241(a) |
No |
N/A—Complete Lender Certification |
All sections |
N/A—Complete Lender Certification |
Yes |
All sections |
All sections |
All sections |
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.
Additional documents to be submitted with the Cost Certification are:
Audited borrower financial statements and Form HUD-92330
Audited general contractor and subcontractor financial statements (as applicable) and Form HUD-92330-A
Form HUD-92023-ORCF
Draft LEAN Section 232 Maximum Insurable Mortgage Letter
Invoices that have not been provided to HUD for initial closing or insured advances.
Updated third-party appraisal and lender narrative appraisal section (in the case of a mortgage increase request that includes a proposed revision to value).
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 response. Double click on a check box and then change the default value to mark selection (e.g., ).
Table of Contents
Cost Certification Review Team and Signatures 7
Lender’s Cost Certification Reviewer 7
CPA Reviewer (Borrower’s Cost Certification) 7
CPA Reviewer (Contractor’s Cost Certification) 7
Additional Borrower Cost Certified Items 8
Increased Borrower Certified Cost Items 9
Mortgagor Entity Balance Sheet 9
(Note: The Balance Sheet date should be as of the borrower entity’s cost cutoff date.) 9
Operator Entity Income Statement 10
G--General Contractor or Subcontractor Cost Certification 12
General Requirements Analysis 15
Summary Table: Contractor Cost Certification Analysis 16
General Contractor Incentive Computation 20
Liquidated Damages Analysis 23
Determination of Total Allowable Construction Cost 25
H--Architect’s Fees—Design, Supervision, Additional Services 26
I--Interest During Construction 27
L--Mortgage Insurance Premium (MIP) Analysis 30
M--HUD Examination Fee and Inspection Fee Analysis 30
N--Title and Recording Fee Analysis 31
O--Non Profit Developer’s Fee 31
P--Initial Financing Fee, Permanent Placement Fee, and Other Approved Financing Expenses 32
Q--Legal, Organizational and Cost Cert Audit Fee 33
R--Borrower Other Fee Analysis 35
S--Major Movable Equipment Analysis 36
V--Calculation of Replacement Cost 40
Additional Deposit To Reserve for Replacement Account $___________) 42
FHA Number: |
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Project Name: |
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Project Address: |
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City / State / Zip: |
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Lender Name: |
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Section of the Act: |
New Construction |
Substantial Rehabilitation |
241(a) Addition |
241(a) Equipment Purchase |
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241(a) Major System Upgrade |
Other <<specify here>> |
Initial closing mortgage amount: |
$ |
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Requested mortgage increase amount:* |
$ |
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Requested mortgage decrease amount: |
$ |
*Note: The minimum mortgage increase request is $100,000.
Key Dates:
Initial closing date: |
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HUD-approved final trip report date: |
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Revised contract completion date (including HUD-approved time change orders): |
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Number of days from initial closing to final completion: |
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Number of days from initial closing to cutoff date: |
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Borrower cutoff date: |
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Date of financial responsibility (day after cutoff date): |
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Borrower fiscal year end (next) date: |
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Operator fiscal year end (next) date: |
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Beginning date of audited income statement: |
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Date borrower signed Form HUD-92330: |
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Date of borrower entity’s third-party CPA certification: |
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Third-party reports provided:
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Borrower’s Audit |
Conclusion is: |
Accepted as is. |
Modified by lender. |
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General Contractor’s Audit |
Conclusion is: |
Accepted as is. |
Modified by lender. |
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Other <<identify here>> |
Conclusion is: |
Accepted as is. |
Modified by lender. |
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Waivers Requested or Previously Approved:
<<Provide narrative description. Identify status of waivers that affect cost certification. If new waiver request, give full explanation of the basis for the request.>>
Lender’s cost certification reviewer: |
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CPA reviewer: (borrower’s cost certification) |
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CPA reviewer: (contractor’s cost certification) |
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<<Provide discussion on qualifications.>>
<<Provide discussion on qualifications.>>
<<Provide discussion on qualifications.>>
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Signed by |
Date signed |
Form HUD-92330 |
<<name>> <<title>> |
<<date>> |
Borrower’s audit (CPA) |
<<name>> <<title>> |
<<date>> |
Form HUD-92330-A |
<<name>> <<title>> |
<<date>> |
General contractor’s audit (CPA) |
<<name>> <<title>> |
<<date>> |
(not included in original underwriting estimates—from Form HUD-92330)
(Double click inside the Excel Table to add information)
<<Provide narrative description. Identify basis for costs, reasons not included in original firm commitment application underwriting, justification for allowing or disallowing additional costs.>>
(above original underwriting estimate--from Form HUD-92330)
(Double click inside the Excel Table to add information)
<<Provide narrative description. Identify basis for cost increase and justification for allowing or disallowing increased costs.>>
As of (date): |
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(Note: The Balance Sheet date should be as of the borrower entity’s cost cutoff date.)
Key Questions
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No |
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<<For each “yes” answer above, please address briefly here.>>
******RITA, START HERE********
From (date): |
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To (date): |
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(Note: The Income Statement date should cover the period from the date of initial occupancy—or in the case of substantial rehabilitation the date of initial closing--to the mortgagor entity’s cost cutoff date. If the lender is unable to determine the answers to any questions below they should contact the third-party CPA for further clarification. If the mortgagor is also the operator this may be the mortgagor entity’s income statement.)
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.
Income Statement Analysis
<< Narrative description. Identify justification for allowing or disallowing income and expenses.>>
General Contractor Name: |
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Subcontractor Name: |
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Subcontractor Trade Line Item on HUD-92330-A: _________________
Date of Certification: |
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(Note: A General Contractor’s Cost Certification is required when there is a cost plus contract-Form HUD-92442-A or the general contractor had or has an identity of interest with the mortgagor entity. A Subcontractor at any tier, equipment lessor, or material supplier must cost certify where the total for all subcontracts, purchases, and leases is more than five percent of the mortgage and an identity of interest exists or comes into being between such entity and the mortgagor or the contractor, where the contractor must cost certify. Attach additional pages to the narrative as necessary for each subcontractor cost certification.)
Key Questions
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Yes |
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No |
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in the Firm Commitment application Cost Analyst review? |
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HUD-2328? |
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Form HUD-92264a-ORCF? |
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on the Form HUD-2328 or Form HUD-92264a-ORCF? |
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If you answer “yes” to any of the above questions, please briefly address below.
Structures Analysis
<< Narrative description. Identify justification for allowing or disallowing trade items. Variances above 10% between original underwriting and certified amount should be explained.>>
Land Improvement Analysis
<< Narrative description. Identify justification for allowing or disallowing trade items. Variances above 10% between original underwriting and certified amount should be explained.>>
General Requirements Analysis
<< Narrative description. Identify justification for allowing or disallowing items. Variances above 10% between original underwriting and certified amount should be explained.>>
Summary Table: Contractor Cost Certification Analysis
Necessity Change Orders (do not include time change orders)
Betterment Change Orders (do not include time change orders)
Time Change Orders
Construction period, HUD-92264a-ORCF: |
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Months |
Period for prorating interest, taxes, insurance: |
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Months |
Period for prorating mortgage insurance premium: |
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Months |
Incentive Percentage (Form HUD-92443): |
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Percent |
Step 1: Soft Cost Computations
(Note: all HUD-92264a- ORCF references are to the Replacement Cost section. The Allocation for Savings Computation is calculated as follows: (HUD-92264a-ORCF Construction Period divided by Cost Certification Proration Period) x Line Item. This calculation is needed because the cost certification period includes an additional zero to sixty days after construction is complete—and that additional period is beyond the control of the general contractor.)
Step 2: Construction Cost
(Note: For Cost Plus Contracts estimated liquidated damages are not applicable.)
Actual Damages Calculation (the portion for the actual liquidated damages computation is the actual HUD approved construction time in days divided by the number of days in the construction period--up to the mortgagor’s cost cutoff date--times the applicable soft cost.)
Lesser of Estimated or Actual Damages: |
$ |
Certified Construction Amount—HUD 92330, Line 1 Total
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Allowable Construction Amount (above calculation) |
Disallowed Construction Amount |
$
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$
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$
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Design Architect |
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Supervisory Architect |
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Additional Consultants/Engineers Providing Architectural Services
Landscape Architect |
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Structural Engineer |
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Mechanical Engineer |
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Plumbing Engineer |
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Electrical Engineer |
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Interior Designer |
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(Other—identify) |
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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.
<< Narrative description. Identify justification for allowing or disallowing architect’s fees. Architect’s Additional Services should be explained.>>
(Allowable interest should be the amount accrued on the HUD insured loan.)
Original Underwriting Estimate |
Certified Interest Per HUD-92330 |
Allowable Interest |
Disallowed Interest |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing interest.>>
(The construction period is defined as the period from initial closing to the borrower cutoff date. The construction period is _________ days.)
Original Underwriting Estimate |
Certified Property Taxes Per HUD-92330 |
Allowable Property Taxes (calculated above) |
Disallowed Property Taxes |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing property taxes.>>
K--Insurance Analysis (Property, Liability, Builder’s Risk Insurance if not paid by General Contractor)
(The construction period is defined as the period from initial closing to the borrower cutoff date. The construction period is _________ days.)
Original Underwriting Estimate |
Certified Insurance Per HUD-92330 |
Allowable Insurance (calculated above) |
Disallowed Insurance |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing insurance.>>
(The construction period is defined as the period from initial closing to the borrower cutoff date. The actual construction period is _________ days.)
Estimated Mortgage Insurance Premium (HUD-92264a-ORCF): |
$ |
Divided by the number of days in the estimated construction period (HUD-92264a-ORCF) - converted from months to days: |
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= Mortgage Insurance Premium per day |
$ |
Times the number of days in the actual construction period = allowable amount of: |
$ |
Original Underwriting Estimate |
Certified MIP Per HUD-92330 |
Allowable MIP (calculated above) |
Disallowed MIP |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing MIP.>>
(Fees paid to reopen an expired or terminated commitment are not allowable costs.)
Exam Fee
Original Underwriting Estimate |
Certified Exam Fee Per HUD-92330 |
Allowable Exam Fee |
Disallowed Exam Fee |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing exam fee.>>
Inspection Fee
Original Underwriting Estimate |
Certified Inspection Fee Per HUD-92330 |
Allowable Inspection Fee |
Disallowed Inspection Fee |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing inspection fee.>>
(Title search and policy, recording fees at initial endorsement, mortgage (or other security instrument), transfer and stamp taxes, title updates during construction, final title policy and recording charges, and legal fees associated with these items are allowable costs.)
Original Underwriting Estimate |
Certified Title and Recording Per HUD-92330 |
Allowable Title and Recording Fee |
Disallowed Title and Recording Fee |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing title and recording..>>
(For non-profits this fee may include reduction of the estimated closing costs of the project, staff salaries, working capital deposits, relocation expenses, operating deficit escrows, financing fees above the allowable portion included in the replacement cost, environmental studies, and housing consultant services whether in-house or third-party.)
Original Underwriting Estimate |
Certified Non Profit Developer’s Fee Per HUD-92330 |
Allowable Non Profit Developer’s Fee Per HUD-92330 |
Disallowed Non Profit Developer’s Fee Per HUD-92330 |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing developer’s fee..>>
(These should be reflected in the Lender’s Certification at Initial Closing and should include lender’s legal fees. Do not allow the total of these fees and expenses to exceed 3.5% for non-bond financing and 5.5% for bond financing.)
Original Underwriting Estimate |
Certified Initial Financing Fee Per HUD-92330 |
Allowable Initial Financing Fee |
Disallowed Initial Financing Fee |
$ |
$ |
$ |
$ |
Original Underwriting Estimate |
Certified Permanent Placement Fee Per HUD-92330 |
Allowable Permanent Placement Fee |
Disallowed Permanent Placement Fee |
$ |
$ |
$ |
$ |
Original Underwriting Estimate |
Certified Other Approved Financing Expenses Per HUD-92330 |
Allowable Other Approved Financing Expenses |
Disallowed Other Approved Financing Expenses |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing financing fees.>>
(Legal fees may not include lender legal fees. These should be included in the financing fee. Any increases in these fees above original underwriting must be supported by invoices, must not be associated with the cost of acquiring the land, zoning, creating tax shelters and trusts, and cannot be allowed if the lender is requesting a mortgage increase.)
Lender’s Attorney |
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Borrower’s Attorney |
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Other Atty. (identify) |
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Other Atty. (identify) |
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Original Underwriting Estimate—Legal Fees
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Certified Cost--Legal Fees |
Allowed Legal Fees |
Disallowed Legal Fees |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing legal fees.>>
(Organizational fees include third party reports, such as architectural reviews, environmental reviews, and appraisals, and may include a Clerk of the Works. Costs to create mortgagor or operator books and records should be included as organizational fees and not be included in the cost certification audit fee.)
Original Underwriting Estimate--Organizational Fees
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Certified Cost—Organizational Fees |
Allowed Organizational Fees |
Disallowed Organizational Fees |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing organizational fees.>>
Original Underwriting Estimate—Cost Cert Audit Fee
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Certified Cost—Cost Cert Audit Fee |
Allowed Cost Cert Audit Fee |
Disallowed Cost Cert Audit Fee |
$ |
$ |
$ |
$ |
<< Narrative description. Identify justification for allowing or disallowing cost certification audit fees.>>
<< Narrative description. Identify basis for costs, reasons not included in original firm commitment application underwriting, justification for allowing or disallowing additional costs.>>
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.
<< Narrative description. Identify basis for costs, reasons not included in original firm commitment application underwriting, justification for allowing or disallowing additional costs. Variances above 10% between underwriting and certified amount should be explained.>>
(Marketing costs are for rent for space used for marketing, salaries and benefits of marketing staff, promotional services and advertising, marketing consultants, and marketing supplies. Additional marketing costs above the original marketing estimate may be eligible costs for purposes of a mortgage increase if all invoices are provided and the costs are fully explained and justified below.)
Original Underwriting Estimate--Marketing
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Certified Cost—Marketing |
Allowed Marketing |
Disallowed Marketing |
$ |
$ |
$ |
$ |
<< Narrative description and detailed explanation for costs above original estimate. Identify basis for costs, reasons not included in original firm commitment application underwriting, justification for allowing or disallowing additional costs.>>
(Additional relocation costs above the original estimate may be eligible costs for purposes of a mortgage increase if all invoices are provided and the costs are fully explained and justified below. However, increased overhead or allocated costs from identity of interest entities are not eligible for consideration for a mortgage increase.)
Original Underwriting Estimate--Relocation
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Certified Cost—Relocation |
Allowed Relocation |
Disallowed Relocation |
$ |
$ |
$ |
$ |
<< Narrative description and detailed explanation for costs above original estimate. Identify basis for costs, reasons not included in original firm commitment application underwriting, justification for allowing or disallowing additional costs. The explanation should identify the number of individuals relocated (compared to original estimate) and cost per relocation (compared to original estimate).>>
The mortgage criteria based on actual allowed costs are summarized as follows:
Criteria |
Firm Commitment Application |
Cost Certification Amount |
Fair Market Value: |
$ |
$ |
Replacement Cost: |
$ |
$ |
Debt Service: |
$ |
$ |
Requested Amount: |
$ |
$ |
The Mortgage Amount is $__________________
<<Provide a statement of Sources and Uses of estimated cost at final closing. Include all eligible and ineligible costs.>>
<<List and discuss all secondary sources, including terms and conditions of each. Secondary sources include Surplus Cash Notes, Grants/Loans, Tax Credits, and the like. Demonstrate compliance with HUD limits on private sources. Remember that Criterion 11 is applicable to mortgage sizing.>>
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.
<<Cost certification supplement conclusion and recommendation. In the case of a mortgage increase or decrease request indicate the new mortgage amount, the revised principal and interest payment, and revised application fees and mortgage insurance premiums to be paid to HUD or refunded to the lender at closing. In the case of a mortgage increase discuss the new debt service coverage, loan to value ratio, impact on operator lease payments.>>
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 Number: |
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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 | Gary S. Golding |
File Modified | 0000-00-00 |
File Created | 2021-01-22 |