New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES
Section 5:80-13.8 - Refinancing of pre-existing single family mortgage loans
Universal Citation: NJ Admin Code 5:80-13.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Agency shall not acquire any single family mortgage loans made for the purpose of refinancing pre-existing single family mortgage loans. However, a mortgage loan made by a mortgage seller to finance the substantial rehabilitation of property upon which there is a pre-existing mortgage loan may include the refinancing of the pre-existing mortgage loan and still qualify as a single family mortgage loan under the following conditions:
1. At least 50 percent of the proceeds of the
single family mortgage loans made by the mortgage seller shall be used to pay
for labor and materials used to rehabilitate the property;
2. The single family mortgage loan shall be
made only to a person determined in advance by the Agency to be a person of low
or moderate income;
3. The economic
facts and circumstances of the mortgagor and the property are such that the
rehabilitation could not have been financed by other means;
4. The mortgage seller delivers to the Agency
a certificate executed by the mortgage seller certifying that it reasonably
believes, based upon prior investigation, that the conditions above have been
met and that the refinancing of the pre-existing mortgage loan is incidental
and necessary to the purpose of accomplishing the rehabilitation of the
property and stating the facts and circumstances upon which the determination
in (a)3 above was made; and
5. The
executive director of the Agency determines and certifies that the facts and
circumstances in the mortgage seller's certificate support the conclusion that
the refinancing of the pre-existing mortgage loan is incidental and necessary
to the purpose of accomplishing the rehabilitation of the property.
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