Utah Code 63H-8-502. First-Time Homebuyer Assistance Program
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(1) There is created the First-Time Homebuyer Assistance Program administered by the corporation.
Terms Used In Utah Code 63H-8-502
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Utah Housing Corporation created by Section 63H-8-201, which, prior to July 1, 2001, was named the Utah Housing Finance Agency. See Utah Code 63H-8-103
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- First-time homebuyer: includes a single parent, as defined by the corporation by rule made as described in Section
63H-8-502 , who would meet the three-year requirement described in Subsection (1)(a)(i) but for a present ownership interest in a principal residence in which the single parent:(1)(b)(i) had a present ownership interest with the single parent's former spouse during the three-year period;(1)(b)(ii) resided while married during the three-year period; and(1)(b)(iii) no longer:(1)(b)(iii)(A) has a present ownership interest; or(1)(b)(iii)(B) resides. See Utah Code 63H-8-501- Home equity amount: means the difference between:
(2)(a)(2)(a)(i) in the case of a sale, the sales price for which the qualifying residential unit is sold by the recipient in a bona fide sale to a third party with no right to repurchase less an amount up to 1% of the sales price used for seller-paid closing costs; or(2)(a)(ii) in the case of a refinance, the current appraised value of the qualifying residential unit; and(2)(b) the total payoff amount of any qualifying mortgage loan that was used to finance the purchase of the qualifying residential unit. See Utah Code 63H-8-501- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: means a mortgage, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property (the property being held in fee simple or on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of not less than the term for repayment of the mortgage loan secured by the mortgage) improved or to be improved by residential housing, creating a lien that may be first priority or subordinate. See Utah Code 63H-8-103
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgage loan: means a loan secured by a mortgage, which loan may bear interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of which are used for the purpose of financing the construction, development, rehabilitation, purchase, or refinancing of residential housing for low and moderate income persons. See Utah Code 63H-8-103
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the First-Time Homebuyer Assistance Program created in Section
63H-8-502 . See Utah Code 63H-8-501- Program funds: means money appropriated for the program. See Utah Code 63H-8-501
- Qualifying mortgage loan: means a mortgage loan that:
(5)(a) is purchased by the corporation; and(5)(b) is subject to a document that is recorded in the office of the county recorder of the county in which the residential unit is located. See Utah Code 63H-8-501- Qualifying residential unit: means a residential unit that:
(6)(a) is located in the state;(6)(b) is new construction or newly constructed but not yet inhabited;(6)(c) is financed by a qualifying mortgage loan;(6)(d) is owner-occupied within 60 days of purchase, or in the case of a two-unit dwelling, at least one unit is owner-occupied within 60 days of purchase; and(6)(e) is purchased for an amount that does not exceed:(6)(e)(i) $450,000; or(6)(e)(ii) if applicable, the maximum purchase price established by the corporation under Subsection63H-8-502 (6). See Utah Code 63H-8-501- Recipient: means a first-time homebuyer who receives program funds. See Utah Code 63H-8-501
- Residential unit: includes a manufactured home or modular home that is attached to a permanent foundation. See Utah Code 63H-8-501
(2) Subject to appropriations from the Legislature, the corporation shall distribute program funds to:(2)(a) first-time homebuyers to provide support for the purchase of qualifying residential units; and(2)(b) reimburse the corporation for a distribution of funds under Subsection (2)(a) that took place on or after July 1, 2023.(3) The maximum amount of program funds that a first-time homebuyer may receive under the program is $20,000.(4)(4)(a) A recipient may use program funds to pay for:(4)(a)(i) the down payment on a qualifying residential unit;(4)(a)(ii) closing costs associated with the purchase of a qualifying residential unit;(4)(a)(iii) a permanent reduction in the advertised par interest rate on a qualifying mortgage loan that is used to finance a qualifying residential unit; or(4)(a)(iv) any combination of Subsections (4)(a)(i), (ii), and (iii).(4)(b) The corporation shall direct the disbursement of program funds for a purpose authorized in Subsection (4)(a).(4)(c) A recipient may not receive a payout or distribution of program funds upon closing.(5) The builder or developer of a qualifying residential unit may not increase the price of the qualifying residential unit on the basis of program funds being used towards the purchase of that qualifying residential unit.(6)(6)(a) In accordance with rules made by the corporation under Subsection (9), the corporation may adjust the maximum purchase price of a qualifying residential unit for which a first-time homebuyer qualifies to receive program funds in order to reflect current market conditions.(6)(b) In connection with an adjustment made under Subsection (6)(a), the corporation may establish one or more maximum purchase prices corresponding by residential unit type, geographic location, or any other factor the corporation considers relevant.(6)(c) The corporation may adjust a maximum purchase price under this Subsection (6) no more frequently than once each calendar year.(7)(7)(a) Except as provided in Subsection (7)(b), if the recipient sells the qualifying residential unit or refinances the qualifying mortgage loan that was used to finance the purchase of the qualifying residential unit before the end of the original term of the qualifying mortgage loan, the recipient shall repay to the corporation an amount equal to the lesser of:(7)(a)(i) the amount of program funds the recipient received; or(7)(a)(ii) 50% of the recipient’s home equity amount.(7)(b) Subsection (7)(a) does not apply to a qualifying mortgage loan that is refinanced with a new qualifying mortgage loan if any subordinate qualifying mortgage loan, or loan from program funds used on the purchase of the qualifying residential unit, is resubordinated only to the new qualifying mortgage loan.(8) Any funds repaid to the corporation under Subsection (7) shall be used for program distributions.(9) The corporation shall make rules governing the application form, process, and criteria the corporation will use to distribute program funds to first-time homebuyers, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(10) The corporation may use up to 5% of program funds for administration.(11) The corporation shall report annually to the Social Services Appropriations Subcommittee on disbursements from the program and any adjustments made to the maximum purchase price or maximum purchase prices of a qualifying residential unit under Subsection (6). - Home equity amount: means the difference between: