42 U.S.C. § 12808. Second mortgage assistance for first-time homebuyers
- (a)(a)
In general
The Secretary shall make available a model program under which units of general local government provide loans (secured by second mortgages) with deferred payment of interest and principal to first-time homebuyers. - (b)(b)
Homeownership counseling
The program under this section shall provide for homeownership counseling to first-time homebuyers assisted, which shall include—
- (1)(b)(1)counseling before and after purchase of the property;
- (2)(b)(2)assisting first-time homebuyers in identifying the most suitable and affordable properties;
- (3)(b)(3)providing homebuyers with financial management assistance;
- (4)(b)(4)assisting homebuyers in understanding mortgage transactions and home sales contracts; and
- (5)(b)(5)assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property.
- (c)(c)
Eligibility requirements
Deferred payment loans secured by second mortgages may be provided under the model program under this section if—
- (1)(c)(1)the homebuyer assisted is a first-time homebuyer;
- (2)(c)(2)the property secured by the second mortgage is a single-family residence and is the principal residence of the homebuyer; and
- (3)(c)(3)the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer.
- (d)(d)
Payment terms
- (1)(d)(1)
Period of deferral
The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer. - (2)(d)(2)
Interest rate
The interest rate on the unpaid balance of a loan under this section shall be at least 4 percent. - (3)(d)(3)
Repayment period
A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral period.
- (e)(e)
Security
A deferred payment loan assisted with amount 1 provided under a grant under this section shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property.
(Pub. L. 101–625, title II, § 258, Nov. 28, 1990, 104 Stat. 4123.)