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HomeMy WebLinkAbout2011 CC RESO 2011-169 CDC• • RESOLUTION NO. 2011 — 169 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH AMALIA OCHOA ALLOWING A NEW MORTGAGE OF $76,100 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN OF $17,358 ISSUED BY THE CDC ON A SINGLE -UNIT PROPERTY LOCATED AT 915 OLIVE AVENUE IN NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") made a loan of $17,358 ("CDC Loan") from HOME Investment Partnerships Act funds to Amalia Ochoa ("Borrower") on October 19, 1995, to assist an eligible low-income family in the purchase of a single-family located at 915 Olive Ave in National City; and WHEREAS, the existing CDC Loan is an enforceable obligation entered into before January 1, 2011; and WHEREAS, the CDC Loan is fully deferred until 2028, as long as the residence is occupied by the Borrower and the Borrower performs under all other Covenants and Agreements contained in the Deed of Trust of the CDC Loan; and WHEREAS, the Borrower is interested in refinancing the debt on the property and has been approved for a new loan with Union Bank that requires the CDC to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC -issued loan that will maintain second lien position on the property; and WHEREAS, the purpose of the refinance inal ce is to allow the borrower ower to reduce the interest rate paid on their current mortgage at 7.875% to approximately 4.5% with no cash proceeds to the Borrower through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the borrower refinancing to a lower interest rate without a cash -out acts to further preserve and secure the City interest on the property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of a new first trust deed with Union Bank, and to execute any additional escrow documents required to comply with the terms and conditions of said Subordination Agreement. Said Subordination Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of July, 2011. orrison, Chairman ATTEaT: :' ROVED AS TO FORM: dia G.:ilva CDC Gen; I Counsel Passed and adopted by the Community Development Commission of the City of National City, California, on July 19, 2011, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Community Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-169 of the Community Development Commission of the City of National City, California, passed and adopted on July 19, 2011. Secretary, Community Development Commission By: Deputy