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07/06/2010 Council Packet
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07/06/2010 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/06/2010
Council Meeting Type
Work Session Regular
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DOUGHERTY MORTGAGE LLC <br />May 25, 2010 <br />Mr. Charles Riesenberg <br />Lino Lakes Housing Limited Partnership <br />c/o Community Capital Financial <br />Advisory Service, Inc. <br />162 Mississippi River Boulevard South, Suite One <br />St. Paul, MN 55105 <br />Re: Cottage Homesteads of Willow Pond <br />Lino Lakes, Minnesota <br />Dear Chuck: <br />It is our understanding that you have been communicating with the City of Lino Lakes (the <br />"City ") regarding the subordination of the Contract for Private Redevelopment and Declaration <br />of Covenants which is part thereof to the first mortgage loan to be made by Dougherty Mortgage <br />LLC to Lino Lakes Housing Limited Partnership, which loan is insured by the United States <br />Department of Housing and Urban Development. You have requested clarification as to the <br />HUD insurance claim process and potential outcomes for housing projects following a default <br />under a HUD - insured loan. The following is a brief summary of the claims process and the <br />potential outcomes based on our experience with HUD and our knowledge of the multifamily <br />industry. <br />As you know, if a borrower defaults on a HUD - insured loan, the lender has the option to make <br />an insurance claim to HUD for repayment to the lender of all outstanding indebtedness. Upon <br />payment to the lender of the indebtedness, the loan and all loan documents, including the <br />promissory note, mortgage and security agreements, are assigned by the lender to HUD. HUD <br />steps into the place of the lender and may continue as lender in the loan transaction. As lender, <br />HUD may exercise any options or remedies available to commercial lenders, including but not <br />limited to, modifying the loan terms to reflect the borrower's and project's ability to make <br />payments, extending the term of the loan, or bring a foreclosure action to gain ownership of the <br />project. While these options are available to HUD, in most instances, HUD will choose to sell <br />the loan to another lender through a public note sale. The purchase price for the loan is usually <br />substantially less than the actual outstanding indebtedness and HUD takes a loss on nearly every <br />loan it sells. Upon payment of the note purchase price, HUD assigns the loan and all of the loan <br />documents executed in connection therewith to the purchasing lender, other than the regulatory <br />agreement entered into by the borrower and HUD at the initial loan closing. The regulatory <br />agreement is terminated upon the assignment of the loan from HUD to the purchasing lender. <br />90 SOUTH SEVENTH STREET • SUITE 4300 • MINNEAPOLIS, MINNESOTA S5402.4108 <br />612.317.2100 • 866.922.0786 <br />
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