Contract - IHCDA - Mortgage Foreclosure Prevention Counseling

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allow them to cone onto the site of the Contractor and to conduct a full review of compliance with IFPN requirements. Iticheible Expenses. The Contractor shall promptly repay IHCDA, out of non-federal 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, NeighborWorks America, 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". If the Contractor receives payment from a client through the IFPN, it is not allowed to receive funds for that client through the MHA Outreach and Intake Project, or vice versa. The Contractor shall not submit subordinate liens for a homeowner whose primary Iien 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. 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. 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 approval requirements. The Contractor certifies that all work performed under this Contract will meet the Minimum Standard Activities for Foreclosure Intervention and Default Counseling. If the Contractor is a HUD -approved housing counseling it must be in good standing with HUD. "Not in good standing" is defined as a failure to comply with the laws and regulations that govern the IIUD housing counseling program, or the inability of the Contractor to draw down HUD housing counseling grant funds for any reason. IF the Contractor has received Housing Counseling grants from HUD in the past are "not in good standing" unless they (a) continue to be a HUD -Approved Counseling Agency and (b) are not under investigation(s) by HUD for possible noncompliance that have resulted in funds being withheld by HUD. 100028595-11 Page 17 of 39