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HomeMy WebLinkAbout2011 CC RESO 2011-202 CDCRESOLUTION NO. 2011 — 202 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH MIGUEL S. HERNANDEZ AND ALICIA B. HERNANDEZ ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $196,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN OF $25,000 ISSUED BY THE CDC ON A SINGLE -UNIT PROPERTY LOCATED AT 1334 TECOLOTE COURT IN NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") made a loan of $25,000 ("CDC Loan") issued from the Low Moderate Income Fund to Miguel S. Hernandez and Alicia B. Hernandez ("Borrowers") on October 10, 1996, to assist an eligible household in the purchase of a single-family house located at 1334 Tecolote Court n National City (the "Property"); 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 2029, as long as the residence is occupied by the Borrowers and the Borrowers perform under all other Covenants and Agreements contained in the Deed of Trust of the CDC Loan; and WHEREAS, the Borrowers are interested in refinancing the debt on the property and have been approved for a new loan with San Diego County Credit Union ("Lender") that requires the CDC to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC Loan that will maintain second lien position on the Property; and WHEREAS, the purpose of the refinance is to allow the Borrowers to reduce the interest rate paid on their current mortgage to 4.0% with no cash proceeds to the Borrowers through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrowers refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes its Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with San Diego County Credit Union as beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of Septemb 2011. on Morrison, Chairman '•PROVED • . TO FORM: 'Li ,1 ''dia Gaiii Silva CDC Gener�unsel Passed and adopted by the Community Development Commission of the City of National City, California, on September 6, 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, opment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-202 of the Community Development Commission of the City of National City, California, passed and adopted on September 6, 2011. Secretary, Community Development Commission By: Deputy