<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 05.03.02.03" title_num="05" subtitle_num="03" chapter_num="02" heading="Definitions.">
  <paragraph num="A.">
    <text>Terms appearing in the Act have the meanings defined there and, in addition, the meanings used in this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Act” means Housing and Community Development Article, Title 4, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Administration” means the Community Development Administration, an agency within the Division of Development Finance of the Department of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Applicant” means an individual applying for a mortgage loan.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Authorized officer”, for purposes of executing the Program documents, means any of the following:</text>
      <paragraph num="(a)">
        <text>The Director and any Deputy Director of the Administration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Director of Single Family Housing Programs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Deputy Director of Single Family Housing Programs; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The Assistant Director of Single Family Housing Programs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Bond” means a bond, note, or other obligation of the Administration, the proceeds of which finance mortgage loans.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Bond certificate” means:</text>
      <paragraph num="(a)">
        <text>A certificate, resolution, trust indenture, or other instrument authorizing the issuance and sale of bonds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any agreement governing any other source of financing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Borrower” means the obligee on a mortgage loan from the Program.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Closing costs” means costs incurred in connection with purchasing or refinancing an eligible residence, including costs such as the:</text>
      <paragraph num="(a)">
        <text>Credit report fee;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Appraisal fee;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Home inspection fee;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Survey fee;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Title examination fee;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Loan origination fee;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Title insurance fee;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Application fee;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Attorney's fee;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Documentation and preparation fee;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Recording fee;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>State and local transfer tax; and</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Recordation taxes.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Code” means the Internal Revenue Code of 1986, as amended, 26 U.S.C., or the Internal Revenue Code of 1954, as amended, as applicable, and any related income tax regulations.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Department” means the Department of Housing and Community Development, a principal department of the State of Maryland.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Developer” means an individual or entity that owns, acquires, constructs, or rehabilitates a project of eligible residences, the purchases of which are to be financed by mortgage loans.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Eligible residence” means residential real property which meets the requirements of Regulation .05 of this chapter.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Household” means the individual or individuals who occupy or intend to occupy:</text>
      <paragraph num="(a)">
        <text>The eligible residence, in the case of a one unit residence; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>One of the units in the eligible residence, in the case of a two to four unit residence.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>Income.</text>
      <paragraph num="(a)">
        <text>“Income” means, for purposes of determining whether an applicant's household is qualified as an eligible household, 100 percent of the anticipated annual gross income based on current rate of income from all members of the applicant's household, except as identified in Regulation .04D of this chapter,  who intend to reside in an eligible residence as their principal residence.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Income” includes wages, overtime, bonuses, commissions, investment and interest income, unemployment insurance, alimony, child support, pensions, and all other income from any source, as required under the Code, less certain income of minors, unusual or temporary income items, and other items as may be permitted under the Code.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>“Loan documents” means documents evidencing or securing a mortgage loan or relating to the application for a mortgage loan, including the note, deed of trust, mortgage, and affidavits submitted in connection with the origination of the mortgage loan, and other documents as may be required by the Administration consistent with prevailing prudent lending practices, or to comply with federal and State law.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Manufactured home” means a structure designed to be used as a dwelling, which:</text>
      <paragraph num="(a)">
        <text>Is a multisectional structure which has one HUD certification for each section shipped, and was fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When installed on the site, meets a minimum floor area, minimum depth, and minimum length as required by the Administration, in its sole discretion;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is installed permanently on an engineered foundation in conformance with the International Residential Code, which is incorporated by reference under COMAR 05.02.07, or the standards set by the American National Standards Institute, Inc., which are incorporated by reference under COMAR 05.02.02, and is not independently capable of movement;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Has brick, wood, aluminum, or cosmetically equivalent exterior siding and a pitched composition shingle or wood shake roof;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Is certified by:</text>
        <paragraph num="(i)">
          <text>The United States Department of Housing and Urban Development as a manufactured home in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Department of Housing and Community Development as an industrialized building in accordance with Public Safety Article, §12-308, Annotated Code of Maryland;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Complies with all requirements set forth in COMAR 05.02.04;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Is installed on real property the borrower owns in fee simple or under a freely transferable ground rent lease, and the legal title to the improvements runs with the real property;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Meets all applicable zoning requirements as to number of dwelling units, lot size, and building setbacks; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Is reasonably expected to have an economic life equal to or greater than the term of the mortgage.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(17)">
      <text>“Master servicer” means a master servicer selected by the Administration in accordance with section .13F.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“MBS” means mortgage-backed securities.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“MHF” means the Maryland Housing Fund, an agency within the Division of Credit Assurance of the Department of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Mortgage” means a written instrument including a deed of trust, evidencing or creating a lien against real property for the purpose of providing collateral to secure the repayment of a loan.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Mortgage insurer” means a mortgage pool insurer or provider of primary mortgage insurance, and includes private and governmental mortgage insurers or guarantors.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Mortgage lender” means:</text>
      <paragraph num="(a)">
        <text>Any approved bank, trust company, savings institution, savings and loan association, national bank association, mortgage banker, licensed mortgage lender, insurance company, or other financial institution that:</text>
        <paragraph num="(i)">
          <text>Maintains an office in the State,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Engages in making or originating residential mortgage loans,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Closes loans in its corporate name;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Is authorized to transact business in the State; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Meets other applicable Program criteria;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>With the prior approval of the Program, two related entities that:</text>
        <paragraph num="(i)">
          <text>Each meets the requirements of §B(22)(a)(i), (ii), (iv), and (v) of this regulation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Originate and close loans and assign to the Administration in a manner approved by the Administration in its sole discretion; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Agree to execute additional documents and meet additional requirements as the Administration determines in its sole discretion; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The Maryland Home Financing Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(23)">
      <text>“Mortgage loan” means a loan made under the Program and secured by a mortgage.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Prepaid expenses” means costs due at the time of closing which are required by the lender to be paid in connection with closing a mortgage loan such as property taxes, ground rent, hazard insurance, condominium or homeowners association fees, if applicable, and any mortgage insurance premiums.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Program” means the Administration's program for using the proceeds of the Administration's revenue bonds or other sources to:</text>
      <paragraph num="(a)">
        <text>Finance mortgage loans secured by eligible residences:</text>
        <paragraph num="(i)">
          <text>Purchased from lenders, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Made directly by the Administration in accordance with Regulation .14 of this chapter; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Make forward commitments to developers to make or purchase mortgage loans for acquisition of existing, newly constructed, or substantially rehabilitated eligible residences.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(26)">
      <text>“Program documents” mean those documents evidencing or securing the obligations of mortgage lenders, loan servicers, or developers to the Administration under the Program.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Project” means an undertaking by a developer relating to existing, newly constructed, or substantially rehabilitated eligible residences, such that the undertaking qualifies as a “community development project” as defined in the Act.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Secretary” means the Secretary of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Settlement costs” means closing costs and prepaid expenses.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Targeted area” means a:</text>
      <paragraph num="(a)">
        <text>Geographically defined area of chronic economic distress as designated by the State and approved by the United States Department of the Treasury and the United States Department of Housing and Urban Development; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Qualified census tract whose population according to the most recent decennial census meets certain income limits set forth under the Code.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>