Code of Maryland Regulations
Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 04 - SPECIAL LOAN PROGRAMS
Chapter 05.04.10 - Home and Energy Loan Program
Section 05.04.10.08 - Loan Terms, Limits, and Requirements
Universal Citation: MD Code Reg 05.04.10.08
Current through Register Vol. 50, No. 25, December 15, 2023
A. Loans originated or purchased by the Administration shall meet the following terms and conditions:
(1) The Administration shall establish or
determine an interest rate or rates and other charges and fees, if any, for
loans that, together with other moneys made available for those purposes, are
sufficient to meet the interest and other costs payable by the Administration
for its revenue bonds or other obligations financing the loans, administrative
expenses of the program, and possible losses due to loan defaults in the
program. The interest rate or rates on loans may not exceed the maximum
permitted by §103 or 103A of the Code as applicable.
(2) The Administration shall set maximum and
minimum terms for loans taking into account the terms of the revenue bonds or
other obligations issued to fund loans.
(3) Loans may be made in any amounts that are
necessary to finance eligible improvements, but may not exceed the lesser of
the limits set by any loan insurance program, if applicable, or:
(a) $15,000 for each property containing from
one to four units, one unit of which is occupied by the owner; or
(b) $30,000 for the first dwelling unit and
$20,000 for each additional dwelling unit for each property containing:
(i) One to four units, all units of which are
occupied by families other than the owner, or
(ii) Five or more units.
(4) Borrowers shall repay the loan
in substantially equal monthly payments of interest and principal in order that
the loan is fully amortized over its term.
(5) Borrowers shall pay any servicing fees,
loan insurance premiums, or late charges that the Administration or the loan
insurer may require and that are permitted by State law.
(6) Securing of Loans.
(a) Loans shall be secured as required by the
Administration and any loan insurer.
(b) Property improvement loans shall be
secured by a mortgage.
(c) Energy
loans in an original principal amount greater than $5,000 shall be secured by a
mortgage.
(d) The Administration
may require that energy loans in an original principal amount of $5,000 or less
be secured by a mortgage.
(7) Borrowers shall maintain fire and
extended insurance coverage in an amount not less than the outstanding
principal amount of the loan and any other prior debt secured by the
property.
(8) The Administration
may prohibit assumptions of loans.
(9) Borrowers may prepay a loan to the extent
permitted by the trust indenture.
(10) Borrowers may not refinance existing
debt or work in place before approval of the loan.
(11) The loan shall comply with any
restrictions or requirements of the trust indenture.
B. Borrowers shall execute a note, a mortgage (if required), a borrower's affidavit, and any other documents that the Administration requires in order to evidence or secure the loan or to comply with the Code, the Act, these regulations, or the policies of the Department, Administration, or Program.
Regulations .08 adopted
as an emergency provision effective June 1, 1983 (10:12 Md. R. 1065); emergency
status extended at 10:25 Md. R. 2262
Regulations .08 adopted
effective December 5, 1983 (10:24 Md. R. 2184)
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