<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 05.03.01.04" title_num="05" subtitle_num="03" chapter_num="01" heading="Eligible Residences.">
  <paragraph num="A.">
    <text>An eligible residence:</text>
    <paragraph num="(1)">
      <text>Is comprised of one to four residential units;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is real property owned by the borrower in fee simple or under a freely transferable, perpetually renewable, ground lease which permits the lessee to transfer the leasehold interest without the consent of the lessor;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is located in the State;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>May be a detached home, modular home, townhouse, condominium, or a manufactured home as defined under Regulation .03B(13) of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>May not be a residence which is treated as personal property for the purpose of establishing a security interest, such as a cooperative unit or a manufactured home not meeting the requirements for a manufactured home under Regulation .03B(13) of this chapter</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Meets all applicable codes and standards, except that if the loan includes proceeds for rehabilitation work, then the Program shall be satisfied that all applicable codes and standards will be met when the rehabilitation work is complete; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If new construction, is located within a priority funding area identified under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Other Liens. At the time of the loan closing, the eligible residence:</text>
    <paragraph num="(1)">
      <text>May not be encumbered by a tax lien or judgment lien;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>May be encumbered by a superior lien under circumstances approved by the Program in its sole discretion to promote housing affordability; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May be encumbered by a lien subordinate to the lien securing the Program loan, under circumstances which promote housing affordability as determined by the Program in its sole discretion.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Except as provided in Regulation .07 of this chapter, an eligible residence comprised of one residential unit shall be occupied by the borrower as the borrower's primary residence.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If the eligible residence is comprised of two to four residential units, each unit not occupied by the borrower shall be occupied by a household of limited income.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Home Inspection.</text>
    <paragraph num="(1)">
      <text>The Program may require a borrower to obtain a home inspection before closing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A home inspection under this section shall meet standards set by the Program and be conducted by a home inspector acceptable to the Program.</text>
    </paragraph>
  </paragraph>
</regulation>