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I IIIIII VIII VIII IIII)VIII VIII VIII IIII(VIII IIII IIII <br /> ' 1 5 2 7 8 7 9 4 <br /> 1527879 <br /> ' RECORDED AS PRESENTED ON <br /> 10/20/2015 08:56:22AN <br /> PHILLIP G. DOTSON <br /> ST. JOSEPH COUNTY <br /> ' RECORDER <br /> PGS: 4 FEES: $20.00 <br /> STATE of aWri a/1r1 � ) <br /> SS: <br /> COUNTY ) <br /> ' ST. JOSEPH COUNTY HOUSING CONSORTIUM RECAPTURE/RESALE GUIDELINES — <br /> REVISED September 10, 2015 <br /> REPLACES GUIDELINES Dated December 13, 2010 — Instrument #13044737 <br /> ' The HOME program requires that Participating Jurisdictions (PJs) utilize resale and/or <br /> recapture provisions to ensure continued affordability for low-moderate income homeowners. <br /> The written resale/recapture policies of the St. Joseph County Housing Consortium (the <br /> Consortium), which are submitted with its Consolidated Plan and Annual Action Plan, detail <br /> the specific circumstances under which these provisions will be used and how the City of <br /> South Bend, acting as PJ, will enforce the provisions for HOME-funded ownership projects. <br /> 1 The Consortium has two programs which use HOME funds to assist homebuyers: <br /> 1. Down Payment Assistance (recapture provision); and <br /> ' 2. Acquisition and Rehabilitation (resale provision). <br /> Under HOME recapture provisions, the period of affordability is based upon the total amount <br /> of direct HOME subsidy_provided to the homebuyer that enabled the buyer to purchase the <br /> housing unit. Under HOME resale provisions, the period of affordability is based upon the <br /> total amount of HOME funds invested in the development of the housing unit to make it <br /> affordable for low-mod income buyers. The required minimum affordability periods are <br /> ' outlined below: <br /> Total HOME Direct Subsidy or Investment <br /> Period of Affordability <br /> per Housing Unit <br /> ' Under $15,000 5 years <br /> Between $15,000 and $40,000 10 years <br /> ' Over $40,000 15 years <br /> A HOME deed restriction will be executed that accurately reflects the resale or recapture <br /> provisions at the time of sale. The executed deed restriction will be recorded with the St. <br /> ' Joseph County Recorder. <br /> Recapture Policy <br /> Under HOME recapture provisions, all or a portion of the HOME financial assistance provided <br /> directly to the homebuyer (direct subsidy) must be repaid if the buyer ceases to use the <br /> housing unit as their primary residence during the period of affordability noted above. Under <br /> ' the recapture provision the original homebuyer may sell the property to any willing buyer <br />