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HomeMy WebLinkAbout2012 CC RESO 2012-29 CDCRESOLUTION 2012 — 29 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH BARBARA J. MELLOR AND JASON H. MELLOR ALLOWING A NEW MORTGAGE NOT -TO -EXCEED S150.000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN OF $18,926 ISSUED BY THE CDC ON A TOWNHOME UNIT LOCATED AT 109 EAST 9TH STREET WHEREAS, the Community Development Commission of the City of National City ("CDC") made a loan of $18,926 ("CDC Loan") issued from the Low Moderate Income Fund to Barbara J. Mellor and Jason H. Mellor ("Borrowers") on May 29, 2002, to assist an eligible household in the purchase of a townhome unit located at 109 East 9th Street, National City, California (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 2032, 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 Wells Fargo Home Mortgage ("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 3.875% 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 with Barbara J. Mellor and Jason H. Mellor in favor of a new First Trust Deed with Wells Fargo Home Mortgage 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 24th day of January, 122.. n Morrison, Chairman ATTEFORM: ua Sil Couny Passed and adopted by the Community Development Commission of the City of National City, California, on January 24, 2012, 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, Conirrio ' sevelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-29 of the Community Development Commission of the City of National City, California, passed and adopted on January 24, 2012. Secretary, Community Development Commission By: Deputy