761 CMR 21.11
General Loan Eligibility Requirements
Mortgage Loans made by Mortgage Lenders must meet the following requirements:
(1) No Mortgage Loan may exceed an amount such that the total first year's mortgage payments,
property taxes and other escrow payments would be greater than25% ofthe Borrower's income
as determined for purposes of credit evaluation (See 761 CMR 21.40 through 21.44). In anycase
MHMFA will not purchase Loan Participations in Mortgage Loans exceeding $45,000for a single
family or condominium unit, $48,750 for a 2 or 3 family structure or $56,000 for a 4 family
structure.
(2) Loan-to-value ratio. The principal amount of the Mortgage Loan may not exceed 95% of the
Value of the Property on any residential structure. The Value of Property shall mean (a) in the case
of a Mortgage Loan for the purchase of a one-to-four unit structure (no rehabilitation costs
included) the purchase price or the appraised value whichever is less, or (b) in the case of a
Mortgage Loan part or all of which is financing rehabilitation costs, the estimated appraised value
at the completion of the proposed improvement(s). If the principal balance of the Mortgage Loan
exceeds 80% of the Value of the Property then the Mortgage Loan must either (a) be insured or
guaranteed by the Federal Housing Administration, or the Veteran's Administration or another
agency or instrumentality of the United States or the Commonwealth to which the powers of the
FHA or VA have been transferred or which is exercising similar powers with reference to the
insurance or guaranty of Mortgage Loans (See 761 CMR 21.31) or (b) be insured under a
mortgage insurance policy by a private mortgage insurance company, qualified to do business in
the Commonwealth and qualified to insure Mortgage Loans purchased by FHLMC or FNMA
under which the insurer, upon foreclosure of the property securing the Mortgage Loan, must pay
the holder of the Mortgage Loan the unrecovered balance of a claim including the unpaid principal,
accrued interest, taxes, insurance premiums and expenses of foreclosure, if any, or in lieu thereof
may permit the holder of the Mortgage Loan to retain title and may pay an agreed insured
percentage of such claim. (See 761 CMR 21.32).
21.11: continued
(3) Limitations on Borrower's Income. The Borrower's adjusted annual income shall not exceed:
$16,000 if Borrower's household consists of one person, $19,000 ifBorrower's household consists
of (a) one person who is disabled or over 65, or (b) two or more persons. For the purposes of
determining eligibility of a Borrower to receive a MHMFA assisted Mortgage Loan, the
Borrower's adjusted annual income is determined by Seller based on current annual income
calculated according to the method used by the IRS for determining adjusted gross income on the
current federal income tax return, minus $1,000 for each person, excluding the Borrower and one
dependent, eligible as a tax deduction on such return. The income of each person living in the
Borrower's household earning in excess of $1,000 shall be included in calculating adjusted income.
This method of income calculation is not required to be used for purposes of credit evaluation (See
761 CMR 21.40 through 21.45).
(4) Maturity. No Mortgage Loan shall have a stated maturity of less than 20 years or more than
30 years from the Closing Date.
(5) Interest Rate. Interest rates on the Mortgage Loans shall be no less than the MHMFA
Minimum Rate and no more than the MHMFA Maximum Rate, as stated on the cover of the
applicable Loan Participation Agreement.
(6) Fees and Charges:
(a) Closing Costs. Closing costs shall not exceed reasonable expenses incurred in connection
with the origination of such Mortgage Loans, limited to the aggregate of (1) the actual amounts
expended for continuation of abstract, title insurance, deed tax, attorney's fees, credit reports,
surveys, appraisal fees, and filing and recording fees or other required fees, (2) the actual
amount paid or escrowed for taxes and insurance, and (3) origination and discount fees not to
exceed an amount equal to one percent of the Mortgage Loan inthe case ofMortgage Loans
used to finance the purchase of a residential structure and 1-1/2% in the case of a Mortgage
Loan used, in whole or in part, to finance the rehabilitation of a residential structure.
(b) Late Charges. MHMFA does not require a minimum or maximum amount of late charges
or length of grace period to be stated in a Mortgage Loan bond or note (except that the
amounts and period as stated must be permissible under applicable law). However, with
respectto ConventionalLoansin which Loan Participations are purchased by MHMFA, Seller
shall collect only late charges on monthly installments more than 15 days late and shall not
collect any late charges in excess of four percent of the payment which is late.
(c) Prepayment charges. There shall be no prepayment charges on any Conventional
Mortgage Loan in which MHMFA holds a Loan Participation.
(7) Refinancing. MHMFA will purchase Loan Participations in Mortgage Loans made for the
purpose of refinancing existing first mortgages only if improvements or rehabilitation costs equal to
at least 25% of the appraised value of the structure prior to rehabilitation will also be financed,
however no more than ten percent of the totalcommitment amount of any Mortgage Lender may
be used to refinance existing mortgages without the written agreement of MHMFA.
(8) Closing Date of Mortgage Loans. The Closing Date on a Mortgage Loan in which MHMFA
purchases a Loan Participation must be subsequent to the executionand delivery by MHMFA of
the Loan Participation Agreement.
(9) Restrictions on Total Commitment to MHMFA.
(a) At least 80% (in total principal amount) ofthe LoanParticipations delivered by the Seller
to MHMFA must be for the purchase or rehabilitation of single or multi-family dwellings at
least ten years old.
21.11: continued
(b) At least 80% (in total principal amount) of the Loan Participations delivered by Seller to
MHMFA must be for the purchase or rehabilitation of dwellings located in areas or
neighborhoods in which at least 50% of the residential structures were constructed before
1939 (1970 census data or appraisal data accepted).
(c) No more than ten percent of the Total Commitment amount of any Mortgage Lender may
be used to refinance outstanding mortgages without the written agreement of MHMFA.
(10) Occupancy. As of the Closing Date, to the best of the Seller's information and belief,
Borrower is occupying or intends to occupy all or part of the property being purchased or
rehabilitated with the proceeds of the Mortgage Loan, and the property is or will be Borrower's
principal residence. The Borrower must be an individual(s). Borrower must sign an affidavit to the
above effect and such affidavit will become part of the Loan File.
(11) Restriction on Refinance Accumulated Equity or Appreciated Value. No Mortgage Loan
in which MHMFA purchases a Loan Participation shall exceed the actual cost of proposed
improvements and rehabilitation (including a reasonable contingency) plus the amount of any
refinanced mortgage, or the purchase price, whichever is applicable.
(12) Supplemental Insurance. Each Mortgage Loan shall be insured, prior to delivery to
MHMFA, by Tiger's Investors Mortgage Insurance Company, 225 Franklin Street, Boston,
Massachusetts 02110 intheMortgagePoolInsurancePolicy for MHMFA. No Loan Participation
will be purchased by MHMFA without such approval.