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06-25-07 Special . . . CITY OF RICHFIELD, MINNESOTA MONDAY, JUNE 25, 2007 SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 8:00 A.M. AGENDA Call to order Roll call 1. Consideration of proposal for settlement of $12,995 deferred loan in amount of $8,000 for 6221 Sheridan Avenue Staff Report No. 26 Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. . . . AGENDA ITEM # REPORT # 1 26 ...... STAFF REPORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JUNE 25, 2007 REPORT PREPARED By: BRUCE P ALMBORG, COMMUNITY DEVELOPMENT DIRECTOR HAMH, TlnH REPORT PRESENTER: STEVEN L. DEVICH, EXECUTIVE DIRECTOR DEPARTMENT DIRECTOR REVIEW: NAMH, TinH REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a proposed settlement of a Housing and Redevelopment Authority deferred mortgage loan. I. RECOMMENDED ACTION: By Motion: Consider a proposal for settlement of a $12,995 Deferred Loan in the amount of $8,000 for 6221 Sheridan Avenue. I II. BACKGROUND I On Monday, June 18, 2007 the Housing and Redevelopment Authority (HRA) discussed the mortgage lien it has against the property at 6221 Sheridan Avenue. The mortgage lien is for $12,995. The HRA agreed to accept $.75 on the dollar or $9,746. Attached is a letter from the lender dated June 21,2007. The letter is indicating $8,000 is the maximum they are willing to pay the HRA or $.62 on the dollar. The HRA lien dates from a Deferred CDBG Loan in 1995 for home repairs. The Repayment Agreement requires the owner to live in the house for 30 years and it will be forgiven. Short of 30 years residency it is due in full. The owner has received an offer to purchase the property for $232,000 and wishes to accept that offer to avoid foreclosure. 0625076221 Sheridan Avenue . . . I III. The owner is behind in mortgage payments. The original amount of the loan was $215,000. The owner apparently owes more than that amount. BASIS OF RECOMMENDATION I I A. POLICY I . The HRA acts to protect its financial interest. I B. CRITICAL ISSUES I . It is unlikely the HRA could recover the full amount of the lien. I C. FINANCIAL I . Should the property go into foreclosure the HRA would likely receive nothing. I D. LEGAL I . Legal counsel has opined that the HRA has the sole responsibility for agreeing to accept anything less than the full amount of the lien. I IV. ALTERNATIVE RECOMMENDATION(S) . Reject the proposal. I V. ATTACHMENTS . "Demand Letter" dated June 21, 2007 [VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 'j."''''6,;I_~.l* 1I1lt1r'_....o::r.._.Ir'_..._!:l~ 8 5 2 7 4 8 7 8 8 3 08/21/2007 18:28 FAX ." REAL TV CENTER TyU~L~1 {,:)(t1 . . 12. . I4J 003 T-549 r.OOl/006 F-i~O Pl"m !~'I.AMC MORTGAGE SERVICES 1-( June 2],2007 Linda A. nOW(~rs 622] Sheridan A venUe S RiChfield, MN .'):;423 RE: Lo~n numb~'r: 0099R7779/ (t11(: "LoHn") Borrower/Seller: Linda A. Bowers Propertyaddrcf>f:I: 6221 Sheridnn Aw;nue S. Richfield, MN 55423 To Whom It May Concern: TJlil> will Gontinn thnr AMC MOrl:enge ScrvicC's ("AMen) will reconvey 1t$ first deed OflruGI recorded ltgainst rhe above re!t~rc:nced Property provided thut. it receives from Ule g;:de of said Property no less Umn $203,463.00 ani! ?lJ uf (hI; following conditions are wltisficd: E$crow is to be Opened with cenificcl oopics of ljigncd Csc.:row ins1mctlons llnd aJ1llmeJldmcllt~;, including un estimrncd ~;~t:tkmcnt st:lten1(;lH pl'cpnfcd by C~crow, 10 b~ fnrw~rded to my attention on Or bdorc~ Il,.lJlf-:J..1~2002 refkcring tbe minllmtm pl)yrn~nt to AMC Mortgage Services of $203,463.(1) net procl-cds and :;.ero proceeds to Borrowcr!i/Scllers. Escrow mu~;t close and net pn,ct:cds mllS( be received on or hefore .Jnn~ 27, 2{!.Q1. . Realtors Coommission not to exceed $11,000.00 .. Tom] $ClIer's closing CO$L'l no! to exce<.-d $7.,31.1.00 . Toml Delinquellt t:lXCS nOt to exceed $1,223.00 . TotaJ Buyer's closing Gost~ not to exceed $6,900.00 Total puyoff to Ihe Cil:Y of Rit: h field nOl to exceed $8,000.00 . Borrowers/Sellers waive tht~ir rights to un)' escrow fund$ Utili any refunds fi'om prepn.id eXpCn$C~i. . DorruwerslSe1Jers (HII partic:s On the AMC Mortgage St>.rvicellllnd D<:c;d of Tmst) must execute the BOnR.OWm~ REPI~eSJ~Nl'AT.I~ Jetter cnelo:.cd find l'ettlm it to me by June 27. 2007. BOITowersISellcnll'eprr;scl1t thel.t the salt: ohhi: Propcrty i!:l an arm'!;-lengtb trnnsocrion nnd Bon'owcrs/Sellcr:; j:> not afl'jJiilted with rhe buyer. . Every BOITow'~r (all panies on the AMCMorlgagc Scrvice~; and Deed of TruSt) mu~t (!xceute the eJlclosed RELEASE, whicll THust be n,'miuf':d to me along with nORnOWF.R~ .BJj;PRF.1iKNTATION letter by June 27,2007. We will nol deliver the IccOnVeyance unless We have a I\.llly executed Release. Original sign"lturc:> are r~llu;red. 505 City Parkway West. ~uite 100, Orllnge, CUJif(Hnla 92R68-4509 (gOO) 211 ,6926 "FAX (71 II) <J:lll-89.SS y .J."......~I=-rj,:J* ...1l.._...._...._.._...~'lIo 852 746 7863 ~6~21/2007 18:26 FAX Jun-Z]-07 09:27am From- ...~ REAL TV CENTER +9092977379 'j,-d- [4J 004 T-549 P 003/008 F-746 . . . Page 2 June: 21, 2007 Linda A. BOwers Loan No. 0099877797 . The reduced payoff is based on ::l ~H]t.:$ price of $232,000.00. Any COf':ts to close escrow arc to be absorbed by the buyers n:nd sdlt:rs. AMC Mongl\g~ Services will not ac::cept anything less than the $203,463.00 net proceeds mentioned above. Th_erc !ire to be nil pr()ce<~ds paid to, OJ" rctltjned by. the J,orT'owersIScllcrs. All orot.;.\eds re~lallling are to he remitted to AMC Murtr.av.e Sc.~~ !Q. be ~1)flIi~d al!uinst SllIll'i Clwim! on the Loan. At tht; close (If escrow, please fllT'Ward payuff funds .md ROO-l rmaI closing statement tu: Lnm Trun AMC Mortgage Services 50S City Parkway West Suite 100 Orange, CA 92868 If the salt: of the property is not consummated in nccordancc with the conditions St::t f011h abuve, and funds arc not received on (11' befon: June 27, 2007, this agreemem to accept le$s Ulan lht.' Iota] due On the loan ptlr~wmt to the conditions herein will be of no further iOrcc: imd e1Tc:t;t: m,d AMC will eXt::rc:ise its lull rightS and rcrncdje~ under the terms of the deed oftn.lS"l.. All parties are advised to di:>GllSS the possible tax rarn.ificmion5 of ~his tra.llSilctiol1 with thdr tax advisor. .E9lJowiuf! n;ceiDt of the l'Imnnnt IjJ)ccifip.d, die loan will be reported to the credit bUrmlllS as 'l}~orcclosure RcdecJI1C!d/Short: S:t.!~~/st'ttl(:d" (nccount I(!t!Jlllv Imid ill full for less t~um tho fl~!l hnlance). Please direct a11 future inquiries and eOrrcfipondl;:tH.:e regarding thi:; Immer to my attention. Sincerely, Lam Tran LOtlfl Mitigation Depart.'''nent 714-634w2474 extension 38736 949..862-3676 1'bc5imi1e 50S City l'llrkway We:;:, suite 100, Orange, Clllit'>rTlia 9286B-45()9 (SOO) 211-6926 .FAX (714) 634-8955