<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 05.03.02.04" title_num="05" subtitle_num="03" chapter_num="02" heading="Eligible Borrower.">
  <paragraph num="A.">
    <text>To be eligible for a mortgage loan to be financed through the Program, a borrower is required to provide affidavits and other verification of compliance with ownership, occupancy, and financial requirements.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Ownership and Occupancy Requirements.</text>
    <paragraph num="(1)">
      <text>Principal Residence. Individuals taking title to an eligible residence are required to execute an affidavit stating that they intend to occupy the property as their principal residence within a reasonable time after closing of the loan.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prior Ownership Disqualification; Exceptions to Disqualification. Each individual taking title to an eligible residence:</text>
      <paragraph num="(a)">
        <text>May not have had an ownership interest in their principal residence at any time during the 3 years preceding the date of the closing of the mortgage loan; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is an honorably discharged veteran, as evidenced by proper documentation, exercising their one-time exemption to the first time homebuyer requirement under the Code.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The restriction in §B(2) of this regulation does not apply if the eligible residence being financed:</text>
      <paragraph num="(a)">
        <text>Is located in a targeted area;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Meets the following requirements:</text>
        <paragraph num="(i)">
          <text>Is at least 20 years old,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Has rehabilitation expenses in excess of 25 percent of the purchase price, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The external and internal walls and internal structural framework are retained to the extent required for a qualified rehabilitation loan under §143(k) of the Code;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Is financed with taxable mortgage revenue bonds, as determined by the Administration; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is financed from other sources available to the Program, as determined by the Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Ownership of Other Real Estate. The borrower may not own any other real property at the time the mortgage loan closes except:</text>
      <paragraph num="(a)">
        <text>A cemetery plot;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A recreational vehicle lot;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A 1/20th (2.6 weeks) or less interest time-sharing unit;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A lot on which the residential housing unit to be financed with proceeds of the mortgage loan is to be built; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>An existing principal residence of a borrower if it is subject to a contract of sale at the time of application and is conveyed before the mortgage loan is closed if the mortgage is financed with:</text>
        <paragraph num="(i)">
          <text>Tax-exempt mortgage revenue bonds and the residence is located in a targeted area under the Code; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Taxable mortgage revenue bonds or another source of financing available to the Program.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Minimum Age. Each single applicant and at least one married applicant taking title to the residence shall be 18 years old or older.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Form of Ownership. Individuals shall take title to the property in the form required by the Administration.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Purchase Contract Inspection Contingency. The Administration may require that a home inspection be conducted before closing by a home inspector acceptable to the purchaser and lender. The inspection may be required by the purchaser as a contingency to the purchase contract. The purchaser shall obtain the inspection report although the cost to the purchaser may be reimbursed by the seller.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Financial Requirements.</text>
    <paragraph num="(1)">
      <text>Borrower's Household Income.</text>
      <paragraph num="(a)">
        <text>The total anticipated annual household income of all individuals, except those individuals identified in §D(1)(b) of this regulation, who intend to occupy an eligible residence which will secure a mortgage loan financed by the Administration may not, at the time the mortgage loan is closed, exceed the lesser of the:</text>
        <paragraph num="(i)">
          <text>Maximum annual income limits as determined under federal law for the area in which the residence is located; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Maximum income limits as determined by the Secretary from time to time.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Total anticipated annual household income does not include the income of full-time high school or undergraduate students who are dependent children, unless that individual is a mortgagor or guarantor.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Responsibility for Repayment. All of the individuals who take title to an eligible residence are required to execute the deed of trust subjecting their interest in the residence to the lien of the deed of trust.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Ability to Repay. The borrower shall meet the mortgage insurer's underwriting criteria regarding creditworthiness and ability to repay the mortgage loan.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Minimum Payment to Close. Payment made at closing by or on behalf of the borrower shall be the difference between the:</text>
      <paragraph num="(a)">
        <text>Total expense of acquiring the residence including settlement costs and any down payment; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Principal amount of the mortgage loan as permitted under Regulation .06 of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Maximum Assets.</text>
      <paragraph num="(a)">
        <text>Purchase Loans. Borrowers with liquid assets equal to 20 percent or more of the sales contract price may not be eligible for a mortgage loan under the Program if those assets, in the estimation of the Administration, would enable the borrower to obtain financing in the current unassisted private lending market.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Refinance Loans. Borrowers with liquid assets and equity in their residence may not be eligible for a mortgage loan under the Program if those assets, in the estimation of the Administration, would enable the borrower to obtain financing in the current unassisted private lending market.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Minimum Cash Contribution by Borrower. The borrower is required to contribute an amount acceptable to the mortgage insurer.</text>
    </paragraph>
  </paragraph>
</regulation>