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<regulation prefix="Regulation" num=".13" citation="COMAR 05.03.01.13" title_num="05" subtitle_num="03" chapter_num="01" heading="Periodic Review of Household Income; Adjusting the Interest Rate.">
  <paragraph num="A.">
    <text>Applicability. This regulation applies to loans made to owners of one-to-four unit properties.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Adjustable Interest Rates.</text>
    <paragraph num="(1)">
      <text>The initial preferred interest rate on the loan may be adjustable.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Loans subject to adjustment shall be made in accordance with the following provisions:</text>
      <paragraph num="(a)">
        <text>The interest rate adjustment shall be based on increases or decreases in the borrower's household income;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The manner of calculating interest rate adjustments and the frequency of the adjustments shall be fully disclosed to the borrower at the time the loan is made; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An interest rate adjustment shall take place only after written notice to the borrower.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Except for the reasons set forth in §C(4) of this regulation or Regulation .11A(3) of this chapter, the interest rate may not be adjusted:</text>
      <paragraph num="(a)">
        <text>Below the initial preferred interest rate described in Regulation .11A of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Above a rate determined by the Program to be the market interest rate at the time the loan is made.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Program may establish an alternative interest rate for a borrower that is permitted to assume the loan under Regulation .11G of this chapter, but fails to provide the Program with evidence that the borrower meets the income limits in effect at the time the borrower acquires the property or an interest in the property.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Adjustable Rate Loans; Review of Income and Adjustment of Rate.</text>
    <paragraph num="(1)">
      <text>The provisions of this section apply only to adjustable rate loans made under §B of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A borrower's household income may be reviewed periodically as required or permitted under the loan documents, upon request of the borrower, or for a new owner permitted to assume the loan as described in §B(4) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For the purposes of reviewing household income, the Program may require the borrower to submit, in a timely manner, copies of income tax returns and other pertinent information for all members of the borrower's household.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If, upon review, the Program determines that the financial circumstances of the borrower have changed and the borrower is:</text>
      <paragraph num="(a)">
        <text>Eligible for a decrease in the interest rate, then the:</text>
        <paragraph num="(i)">
          <text>Program may decrease the interest rate to a lower rate which the Program has determined the borrower can afford, based on the decrease in the borrower's income, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Decreased interest rate may not drop below the initial preferred interest rate described in Regulation .11A of this chapter, except that in extraordinary individual cases as determined by the Program, the interest rate may be decreased to a lower rate necessitated by the financial circumstances of the borrower;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>No longer eligible for the preferred interest rate stated in the borrower's loan documents, then the Program may:</text>
        <paragraph num="(i)">
          <text>Increase the preferred interest rate to a higher rate which the Program has determined the borrower can afford, based on the increase in the borrower's income, except that the increased interest rate may not exceed the lower of the maximum rate, if any, set forth in the loan documents, or the current prevailing rate for private mortgages, as determined by the Program, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Call the loan and declare it due and payable after the first 5 years of the loan if the loan documents so permit.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Program may increase the preferred rate to the maximum rate set forth in the loan documents, regardless of the prevailing rate for private mortgages, if:</text>
      <paragraph num="(a)">
        <text>Upon the request of the Program, the borrower fails to provide a current Maryland or federal tax return or other evidence of financial circumstances satisfactory to the Program; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The borrower does not execute all of the legal documents required by the Program necessary to increase the preferred interest rate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If, after receiving notice of an adjustment to the loan's interest rate, the borrower believes the interest rate adjustment is unwarranted, then the borrower may request the Program to reconsider the adjustment.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Within 30 days of the date of the notice in §C(5) of this regulation, the borrower requesting reconsideration of an adjustment to the loan's interest rate:</text>
      <paragraph num="(a)">
        <text>Shall submit to the Program a written statement of reasons why the borrower believes the loan is eligible for a lower interest rate, which statement may be accompanied by any supporting documentation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May request a personal interview in connection with the request to reconsider the interest rate adjustment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>The Director of DDF shall designate a review committee composed of at least three employees of the Department, none of whom participate in original decisions about interest rate adjustments.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The review committee shall make a recommendation to the Director of DDF for a request to reconsider an interest rate adjustment, following the procedure described below:</text>
      <paragraph num="(a)">
        <text>The review committee shall review all requests by borrowers to reconsider an interest rate adjustment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The review committee shall conduct all personal interviews requested by borrowers, except that only two members of the review committee need to be present at each interview;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If a borrower does not request an interview or fails to appear for an interview, then the review committee shall make its recommendation about the interest rate adjustment based on any written statements and documentation submitted by the borrower, in addition to any other relevant information available;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If a personal interview takes place, then the review committee's recommendation about the interest rate adjustment shall take into account information provided in the interview.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>The Director of DDF may:</text>
      <paragraph num="(a)">
        <text>Make the final decision about requests to reconsider interest rate adjustments; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Delegate the authority to make the final decisions to the Director or Deputy Director of Homeownership Programs, as long as the designee is not a member of the review committee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>