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The City of South Bend will recapture an amount that does not exceed the net sale proceeds from <br />the sale of the property. The City of South Bend will recapture the outstanding balance based on <br />the following "Recapture Amount" guidelines; however this amount shall never be greater than <br />the net sale proceeds. If there were no net sale proceeds then the City of South Bend would <br />recapture zero. <br />4. The Recapture Amount is subject to recapture under these guidelines for the following <br />minimum periods: <br />A. Five (5) years where the Allocation is less than $15,000.00; <br />B. Ten (10) years where the Allocation is $15,000.00 to $40,000.00; <br />C. Fifteen (15) years where the Allocation is greater than $40,000.00, <br />5. The deed effectuating the subsequent sale of the Unit by the Homeowner, and the deeds <br />effectuating each subsequent sale of the Unit during the Recapture Period, shall reflect the <br />balance of the Recapture Amount yet to be recaptured. <br />6. Upon the satisfaction of the recapture requirements with respect to any Unit, the City of South <br />Bend shall promptly issue a certificate of satisfaction regarding the same and cause the recording <br />of the same in the Office of the Recorder of St. Joseph County. <br />Resale Policy <br />The City of South Bend will utilize the resale policy when there is no direct subsidy to the <br />homeowner, but rather when there is a construction or development subsidy to the property. A <br />construction or development subsidy to the property occurs when the amount of NSP3 funds <br />invested in the property exceeds the fair market value of the property after rehab. In such cases <br />the property must be resold to an income eligible household making no more than 120% of AMI. <br />The sale price of the home will be determined by an appraisal, and the PITI will not exceed 30% <br />of the new buyer's monthly net income. <br />For Rentals: <br />The minimum affordability period required by NSP3 is to be the same as required by the HOME <br />program, which is: <br />NSP3 Investment per unit <br />Length of the <br />affordability <br />period <br />Less than $15,000 <br />5 years <br />$15,000 to $40,000 <br />10 years <br />More than $40,000 <br />15 years <br />New construction of rental housing <br />20 years <br />Rent, occupancy and affordability requirements will be enforced with deed restrictions that shall <br />run with the land, and shall be in full force and effect until the date of affordability period has <br />expired. The recorded deed restriction shall state the number of years from the date of execution <br />the restriction shall be in affect and shall have a date of expiration (based on above table). <br />17 <br />