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Regular Village Board meetings are typically held at 7:00 p.m., the first three Tuesdays of each month in Council Chambers of Village Hall (room 201), 123 Madison St. When a Regular Meeting falls on a holiday, the meeting typically is held the following night. The Village Board also meets in special sessions from time to time. However, dates and times of Special Meetings can vary and may change.

File #: RES 21-75    Name:
Type: Resolution Status: Passed
In control: President and Board of Trustees
On agenda: 3/1/2021 Final action: 3/1/2021
Title: A Resolution Authorizing Subordination of a Lien for the Property Located at 1032 South Taylor Avenue (BPIP-002)
Attachments: 1. Resolution BPIP-002 Subordination of Lien, 2. Subordination of Lien BPIP-002, 3. Endorsed Note BPIP-002

Submitted By                     

Tammie Grossman, Director of Development Customer Services

 

Reviewed By

LKS

 

Agenda Item Title

Title

A Resolution Authorizing Subordination of a Lien for the Property Located at 1032 South Taylor Avenue (BPIP-002)

 

End

Overview

Overview

The loan recipient is requesting a subordination of their Barrie Park Investment Program loan mortgage to a new first mortgage.  The Village remains secure in junior position on the title.

 

End

Recommendation

Recommendation

Approve the resolution.

 

Fiscal Impact

The subordination is not a direct cost to the Village’s general fund. Staff time in document preparation, which is a regular part of loan portfolio management, is the only cost.

 

Background

On June 21, 2004 pursuant to the Barrie Park Investment Program, the Board of Trustees approved a $15,000 grant and a $15,000 loan to the owner of 1032 South Taylor Avenue. The loan is supported by a mortgage which was recorded against the property.  The mortgage was recorded as a junior mortgage on the property with the purchase loan mortgage being in first position.

 

Loans made under the Barrie Park Investment Program are deferred for repayment until conveyance or transfer of any interest in the property. The program guidelines provide that in cases where former loan recipients wish to refinance mortgages other than the Village's, and request that the Village maintain its subordinate position, the Village will agree to maintain its junior position if:

     a. The terms of new first mortgage are more advantageous to the homeowner and are reasonable under current market conditions; and

     b. There is adequate equity in the property to support the total proposed encumbrance, at least 15% equity. (if necessary, homeowner(s) will submit an appraisal as proof of equity); and

     c. The cost of the refinance is the only allowable equity taken out of the property.

 

In cases of extreme hardship, staff may recommend that the Board consider subordination when the homeowner is requesting cash back from the refinancing and the equity taken out is being used for emergency home repairs. The homeowner shall provide a written statement desribing the emergency.

 

The homeowner is seeking to refinance their current primary mortagage and consolidate debt. The current mortagage, which carry a 4.00% interest rate, will be replaced with a new secondary mortgage at 2.75% interest rate.  This new loan will provide Fixed Rate, 15 year mortgage.  The amount of the new loan will be $222,000. The new loan is more advantageous than the existing loan as the new loan is at a lower rate and at a shorter term duration than the existing payments.

 

The issuing lender will not make the loan unless that mortgage is the second mortgage lien against the property. The lender is requesting that the Village subordinate its mortgage to their new mortgage. The Village’s mortgage was created as a junior mortgage. By agreeing to subordinate, the Village is agreeing to remain in a junior position.

 

According to the bank, who is using an automated underwriting system that requires no formal appraisal, the property has an estimated value of $413,000. The balance on the first mortgage of $185,122 and the Village’s $15,000 mortgage equal total debt of $200,122, leaving 51.5% equity. Staff believes that there is sufficient equity to protect the Village’s investment and is recommending the subordination.

 

The request complies with the Village guideline requirements.

 

Alternatives

The alternative would be to deny the subordinatin request.

 

Previous Board Action

On June 21, 2004 pursuant to the Barrie Park Investment Program, the Board of Trustees approved a $15,000 grant and a $15,000 loan to the owner of 1032 South Taylor Avenue.

 

Citizen Advisory Commission Action

N/A

 

Anticipated Future Actions/Commitments

N/A

 

Intergovernmental Cooperation Opportunities

N/A