R.C.S.A. § 8-248E-27
Terms and conditions of CHFA mortgage loans (Repealed)
Cite as Conn. Agencies Regs. § 8-248E-27
(a) Each CHFA mortgage loan shall be secured by a valid first lien on the mortgaged property.
Such property shall be free and clear of all prior encumbrances and liens except as
approved by CHFA, and no rights may be outstanding that could give rise to such prior
liens.
(b) The mortgage note, deed, and any other instruments securing a CHFA mortgage loan shall
create, legal, valid, and binding obligations of the borrower, enforceable in accordance
with their terms, free from any right of set-off, counterclaim, or other claim or
defense. Co-signors or guarantors are not permitted on a mortgage loan.
(c) The original term of a CHFA mortgage loan on a fee interest shall not exceed thirty
(30) years. The original term of a CHFA mortgage loan on a leasehold interest shall
not exceed thirty (30) years, and the term of the underlying lease shall not expire
for at least such number of years beyond the maturity date of such loan as is equal
to the number of years remaining to maturity.
(d) CHFA may require that mortgage loans be of the growing equity type. Under this type
of mortgage the borrower is qualified under an initial monthly payment of principal
and interest based on a 30-year term. During the term of the mortgage this monthly
payment is increased at certain times with the entire payment increase applied to
the principal balance on the loan so that the loan is fully paid in substantially
less than 30 years. The note must show the monthly payment for each period of time
during the term of the loan.
(e) The principal amount of each CHFA mortgage loan shall be a multiple of one hundred
(100) dollars and shall be advanced at the time of closing. Such loan shall provide
for monthly amortization payments, interest payable in arrears, with full repayment
by maturity. Amortization shall commence within two (2) months after closing. Monthly
amortization payments shall be due on the first day of each month, and the final payment
date shall be shown on the loan documents.
(f) A CHFA mortgage loan shall not provide for a prepayment penalty. Loans may provide
for a late charge in an amount not to exceed four (4) percent on payments fifteen
(15) days or more past due to cover the expenses attributable to the receipt of payment
after the due date.
(g) Each CHFA mortgage shall provide for the monthly collection of escrow payments for
real estate taxes, mortgage insurance premiums, and hazard insurance premiums, when
required by the mortgage insurer, in addition to the monthly amortization payments.
A participating lender shall pay interest on escrow deposits at a rate of not less
than four (4) percent per annum, or such higher rate as required by statute.
(h) A CHFA mortgage shall obligate the borrower to keep the mortgaged premises in good
repair and condition, keep the premises free from other liens and encumbrances, and
maintain hazard insurance in accordance with the requirements set forth in Section
8-246 E-29 of these regulations.
(i) CHFA may require the mortgage and the mortgage note to be executed on forms provided
by CHFA.
(j) All requirements of all federal and state laws, rules, and regulations now existing
or hereafter adopted, applicable to mortgages and mortgage loan transactions, including
without limitation truth-in-lending laws, fair credit reporting laws, equal opportunity
laws, usury laws, and laws regulating interest due on escrow accounts, shall be complied
with where applicable.