24 CFR 904.114 - Payment upon resale at profit.

§ 904.114 Payment upon resale at profit.

(a)Promissory note.

(1) When a homebuyer achieves ownership (regardless of whether ownership is achieved under § 904.113 or § 904.115), he shall sign a note obligating him to make a payment to the LHA, subject to the provisions of paragraph (a)(2) or this section, in the event he resells his home at a profit within 5 years of actual residence in the home after he becomes a homeowner. If, however, the homeowner should purchase and occupy another home within one year (18 months in case of a newly constructed home) of the resale of the Turnkey III home, the LHA shall refund to the homeowner the amount previously paid by him under the note, less the amount, if any, by which the resale price of the Turnkey III home exceeds the acquisition price of the new home, provided that application for such refund shall be made no later than 30 days after the date of acquisition of the new home.

(2) The note to be signed by the homebuyer pursuant to paragraph (a)(1) of this section shall be a non interest-bearing promissory note (see Appendix IV) to the LHA. The note shall be executed at the time the homebuyer becomes a homeowner and shall be secured by a second mortgage. The initial amount of the note shall be computed by taking the appraised value of the home at the time the homebuyer becomes a homeowner and subtracting (i) the homebuyer's purchase price plus the Incidental Costs and (ii) the increase in value of the home, determined by appraisal, caused by improvements paid for by the homebuyer with funds from sources other than the EHPA or NRMR. The note shall provide that this initial amount shall be automatically reduced by 20 percent thereof at the end of each year of residency as a homeowner, with the note terminating at the end of the five-year period of residency, as determined by the LHA. To protect the homeowner, the note shall provide that the amount payable under it shall in no event be more than the net profit on the resale, that is, the amount by which the resale price exceeds the sum of (A) the homebuyer's purchase price plus the Incidental Costs, (B) the costs of the resale, including commissions and mortgage prepayment penalties, if any, and (C) the increase in value of the home, determined by appraisal, due to improvements paid for by him as a homebuyer (with funds from sources other than the EHPA or NRMR) or as a homeowner.

(3) Amounts collected by the LHA under such notes shall be retained by the LHA for use in making refunds pursuant to paragraph (a)(1) of this section. After expiration of the period for the filing of claims for such refunds, any remaining amounts shall be applied (i) to reduce the LHA's capital indebtedness on the Project and (ii) after such indebtedness has been paid, for such purposes as may be authorized or approved by HUD under such Annual Contributions Contract as the LHA may then have with HUD.

If the homeowner's purchase price is $10,000, the Incidental Costs are $500, the value added by improvements is $1,000, and the FHA appraised value at the time he acquires ownership is $17,000, the note computation would be as follows:
FHA appraised value $17,000
Homeowner's purchase price $10,000
Incidental costs 500
Improvements 1,000 11,500
Initial note amount 5,500
In this example, the amount of the note during the first year of residence is $5,500. In the second year, the amount of the note is $4,400, and in the third year, it is $3,300, etc. The note shall terminate at the end of the fifth year.

If the homeowner in this example resells his home during the first year for a sales price of $17,500, has resale costs of $1,600 (including a sales commission), and has added $1,500 value by further improvements, he would be required to pay the LHA $2,900 rather than the $5,500, as indicated in the following computations:

Resale price $17,500
Resale costs $1,600
Purchase price and Incidental costs 10,500
All improvements 2,500 14,600
Payable to LHA 2,900

(b)Residency requirements. The five-year note period does not end if the homeowner rents or otherwise does not use the home as his principal place of residence for any period within the first five years after he achieves ownership. Only the actual amount of time he is in residence is counted and the note shall be in effect until a total of five years time of residence has elapsed, at which time the homeowner may request the LHA to release him from the note, and the LHA shall do so.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 1437 - Declaration of policy and public housing agency organization

§ 1437a - Rental payments

42 U.S. Code § 1437a–1 - Repealed. Pub. L. 105–276, title V, § 582(a)(1), Oct. 21, 1998, 112 Stat. 2643

§ 1437b - Loans and commitments to make loans for low-income housing projects

§ 1437c - Contributions for low-income housing projects

§ 1437c-1

§ 1437d - Contract provisions and requirements; loans and annual contributions

§ 1437e - Designated housing for elderly and disabled families

§ 1437f - Low-income housing assistance

§ 1437g - Public housing Capital and Operating Funds

§ 1437h - Implementation of provisions by Secretary

§ 1437i - Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption

§ 1437j - Labor standards and community service requirement

§ 1437j-1

§ 1437k - Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies

§ 1437l - Repealed. Pub. L. 105–276, title V, § 522(a), Oct. 21, 1998, 112 Stat. 2564

§ 1437m - Payment of non-Federal share

§ 1437n - Eligibility for assisted housing

§ 1437o - Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128

§ 1437p - Demolition and disposition of public housing

§ 1437q - Financing limitations

§ 1437r - Public housing resident management

§ 1437s - Public housing homeownership and management opportunities

§ 1437t - Authority to convert public housing to vouchers

§ 1437u - Family Self-Sufficiency program

§ 1437v - Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects

§ 1437w - Transfer of management of certain housing to independent manager at request of residents

§ 1437x - Environmental reviews

§ 1437y - Provision of information to law enforcement and other agencies

§ 1437z - Exchange of information with law enforcement agencies

§ 1437z-1

§ 1437z-2

§ 1437z-3

§ 1437z-4

§ 1437z-5

§ 1437z-6

§ 1437z-7

§ 1437z-8

§ 1437ee

§ 3535 - Administrative provisions

The section you are viewing is cited by the following CFR sections.