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HomeMy WebLinkAboutMINUTES - 12072010 - C.20RECOMMENDATION(S): 1. APPROVE request from Old Republic Title Company to accept $3,755 in lieu of a full repayment of $37,552 in Community Development Block Grant (CDBG) funds: and 2. AUTHORIZE the Conservation and Development Director, or designee, to execute the appropriate documents to reconvey the Deed of Trust. FISCAL IMPACT: No General Fund impact. The CDBG funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). CFDA number 14.218 BACKGROUND: In 2005, the County provided a $37,552 no interest loan in CDBG funds through the Neighborhood Preservation Program to the owner of 4302 Harmon Road, El Sobrante. At that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/07/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kara Douglas 335-7223 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 7, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.20 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 7, 2010 Contra Costa County Subject:Community Development Block Grant Neighborhood Preservation Program Partial Loan Repayment BACKGROUND: (CONT'D) time, the appraised value of the home was $405,000. Wachovia has a first mortgage loan in the amount of $300,000. As is standard practice, the County loan is subordinate to the Wachovia loan. The owner of the property has a purchase offer of $165,000, which is substantially below the total outstanding loans of approximately $337,552. The first lender, Wachovia (now Wells Fargo Bank) has agreed to a payoff of $142,512. The seller is requesting the County agree to a payoff of $3,755. Wachovia is paying the property owner $5,000 to cooperate in the short sale. The remaining proceeds from the sale will be used to pay property taxes, transfer and escrow fees, and Realtor commissions. The County was originally offered $3,000. County staff queried staff in nearby jurisdictions to learn what others have accepted in short sale payoffs. They responded that most loan payments to subordinate lenders are between $1,000 and $3,000. The revised payoff amount of $3,755 is 10 percent of the original loan amount and is consider a reasonable offer by the first lender. First lenders control the terms of short sales. The first lender does not have to agree to the purchase price or the payoff amounts. If the County does not work with the seller and first lender to facilitate the short sale, the home could be taken by the first lender through a foreclosure. If the home is foreclosed upon, the County will not receive any loan repayment and the seller will not receive the $5,000 moving incentive from Wachovia. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not approve this request, the buyer will not be able to purchase the home and the bank will foreclose on the property. If the bank does foreclose, the County will not receive any payment. CHILDREN'S IMPACT STATEMENT: N/A