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HomeMy WebLinkAboutSubordination µxntp Consent Calendar City of San Bernardino lo. Request for Council Action G'�D£D LN�S Date: February 21, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager It 5 By: Lisa A Connor, Successor Agency Subject: Subordination of a Deed of Trust at 1094 West 59th Street Recommendation Adopt the Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 1094 West 59t" Street, San Bernardino, California. Background On October 17, 1994, the Community Development Commission of the City of San Bernardino ("Commission") approved Resolution 5409, establishing the Mortgage Assistance Program, subsequently renamed Homebuyer Assistance Program, which made available a limited number of deferred payment (principal and interest) second mortgages. This Program was designed to provide income-qualified families with down payment/closing cost monies necessary to secure financing towards the purchase of single-family detached homes in the City and provided an additional avenue for the former Redevelopment Agency of the City of San Bernardino ("Agency') to ensure the availability of affordable housing to income-qualified home buyers in the community. On January 9, 2012, the Mayor and Common Council adopted Resolution 2012-12 confirming that the City of San Bernardino would serve as the "Successor Agency" to the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and Common Council adopted Resolution 2012-19 further confirming that the City would serve as the "Successor Housing Agency" to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. Discussion The property owner at 1094 West 59th Street obtained assistance from the Agency, and the property owner wishes to refinance their existing first mortgage. To proceed with the refinancing, the new lender and title company require the Agency's deed of trust to be expressly subordinated to the new first trust deed of trust. The property owner of the property listed above has submitted a subordination request to Successor Housing Agency staff and the application has been underwritten and approved. Presently, staff requests that the City Manager, or his/her designee, be authorized to sign and cause to be recorded the subordination agreement and associated documents which will allow the property owner to refinance their first mortgage. Fiscal Impact There is no Fiscal Impact to the City or Successor Agency. Conclusion It is recommended that the Mayor and City Council, Acting as the Successor Housing Agency, adopt the attached Resolution. Attachments Attachment 1 - Resolution, Subordination 1094 West 59th Street Attachment 2 - Agreement, Subordination 1094 West 59th Street Ward: 4 Synopsis of Previous Council Actions: October 17, 1994: Resolution 5409 adopted by the Community Development Commission establishing the Mortgage Assistance Program-subsequently renamed Homebuyer Assistance Program. January 9, 2012: Resolution 2012-12 adopted, confirming the City would serve as the Successor Agency to the former Redevelopment Agency. January 23, 2012: Resolution 2012-19 adopted, confirming the City would serve as the Successor Housing Agency to the former Redevelopment Agency June 4, 2007, the Community Development Commission approved a programmatic change in the Homebuyer Assistance Program to increase the down payment assistance for up to a maximum of 30% of the maximum purchase price of $250,000.