Contract - IHCDA - Mortgage Foreclosure Counseling

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A. Standard compliance reviews of program operations and counseling files for clients reported to IFPN, in which reviews are conducted on -site or remotely; B. Additional client file reviews and site visits, in which files are selected at random for remote compliance reviews of specific client files; and/or C. Special compliance reviews that are performed when IHCDA receives reports of non-compliance or has concerns about IFPN program management or financial management. The Contractor agrees to fully cooperate with IHCDA, or the authorized representative, agent, or third - party contractor of either entity during compliance audits and agrees to allow them to come onto the site of the Contractor and to conduct a full review of compliance with IFPN requirements. 52. Ineligible Expenses. The Contractor shall promptly repay IHCDA, out of non -State resources, for any funds under this Contract that it utilizes for expenses that are deemed "ineligible" and/or "improperly documented" by any of the following: IHCDA, IFPN Counselor Resource Guide, or this Agreement. In addition, the Contractor is prohibited from receiving payment under this Contract for any counseling activities for which it has billed, is planning to bill, or has received payment from the U.S. Department of Housing or Urban Development ("HUD") or vice versa. Accordingly, any such expenses shall be deemed "ineligible." The Contractor shall not submit subordinate liens for a homeowner whose primary lien was already service by the Contractor previously and where there is no significant change in circumstance for the borrower or change in work-out options available to the borrower, nor should the Contractor resubmit clients that it has taken longer than expected to counsel or to receive a final outcome. Tenants, heirs, owners who do not have a mortgage on the subject property, and owners (including investors) who do not live in the subject property are not eligible to receive counseling through IFPN. No IFPN funds may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. These funds may only be used to assist owner -occupants of one -to -four -unit properties. 53. Mandatory Disclosure to Clients. The Contractor shall provide all clients a disclosure statement that explicitly describes the various types of services provided and any financial relationships between the Contractor and any other industry partners. The disclosure must clearly state that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. The Contractor must allow client access to its privacy policy statement and document receipt of the privacy statement in the client's file. 54. National Industry Standards Code of Ethics and Conduct and Minimum Standard Activities for foreclosure Intervention and Default Counseling. The Contractor hereby certifies that all counselors performing services under this Agreement have signed the National Industry Standards Code of Ethics and Conduct. If Contractor is not a HUD - approved housing counseling agency, it certifies that it meets or exceeds HUD's housing counseling {00033430-1} Page 17 of 29