Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter D - CONTRACT FOR DEED PROGRAM › Section 23.42 - Contract for Deed (CFD) Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Commitment or
				  Reservation of Funds. The Administrator must submit true and correct
				  information, certified as such, with a request for the Commitment or
				  Reservation of Funds as described in paragraphs (1) - (15) of this subsection:
(1) Head of Household name and address of
				  housing unit for which assistance is being requested;
(2) A budget that includes the amount of
				  Activity funds specifying the acquisition costs, construction costs, soft costs
				  and administrative costs requested, a maximum of five percent of hard
				  construction costs for contingency items, proposed Match to be provided,
				  evidence that Activity and soft costs limitations are not exceeded, and
				  evidence that any duplication of benefit is addressed;
(3) Verification of environmental
				  clearance;
(4) A copy of the
				  Household's intake application on a form prescribed by the
				  Department;
(5) Certification of
				  the income eligibility of the Household signed by the Administrator and all
				  Household members age 18 or over, and including the date of the income
				  eligibility determination. In instances the total Household income is within
				  $3,000 of the 80 percent AMFI, all documentation used to determine the income
				  of the Household;
(6) Project cost
				  estimates, construction contracts, and other construction documents necessary
				  to ensure applicable property standard requirements will be met at
				  completion;
(7) Identification of
				  Lead-Based Paint (LBP);
(8) For
				  housing units located within the 100-year floodplain or otherwise required to
				  carry flood insurance by federal or local regulation, certification from the
				  Household that they understand the flood insurance requirements;
(9) If applicable, documentation to address
				  or resolve any potential Conflict of Interest, Identity of Interest,
				  duplication of benefit, or floodplain mitigation;
(10) Appraisal which includes post
				  construction improvements for Activities involving construction;
(11) A title commitment to issue a title
				  policy that evidences the property will transfer with no tax lien, child
				  support lien, mechanic's or materialman's lien or any other restrictions or
				  encumbrances that impair the good and marketable nature of title to the
				  ownership interest and that the definition of Homeownership will be met. The
				  effective date of the title commitment must be no more than 60 days prior to
				  the date of Activity submission. Commitments that expire prior to execution of
				  closing must be updated at closing and must not have any adverse changes in
				  order to close;
(12) In the
				  instances of replacement with an MHU, information necessary to draft loan
				  documents and issue Statement of Ownership and Location (SOL);
(13) Life event documentation, as applicable,
				  and all information necessary to prepare any applicable affidavits such as
				  marital status and heirship;
(14) A
				  copy of the recorded executory contact and a current payoff statement;
				  and
(15) Any other documentation
				  necessary to evidence that the Activity meets the program
				  requirements.