67-59.030. Eligibility for MLRP Only

To be eligible for assistance under the MLRP Program:

(1) The Applicant must document that he or she is a borrower or co-borrower on the mortgage loan and document that he or she:

(a) Has suffered a temporary employment-related hardship, meaning that they have become unemployed or Substantially Underemployed through no fault of his or her own, from which he or she has now recovered;

(b) Is a Florida resident;

(c) Occupies the property as his or her primary residence;

(d) Has a total household income, adjusted for household size, that is below 140% of the county area median income. The Area Median Income List, AMI-01, Rev 12/12, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03412), for counties in Florida;

(e) Does not have Unencumbered Assets in excess of $5,000 or three times the amount of their monthly payment of principal, interest, taxes, insurance and association dues (PITIA), whichever is greater;

(f) Has a total monthly housing debt less than 31% of the gross monthly household income, unless the Applicant can provide documentation that he or she has recovered from the hardship and is no longer Substantially Underemployed;

(g) Does not have a bankruptcy that has not been discharged or dismissed;

(h) Has not been convicted of a mortgage related felony in the last ten years; and,

(i) Does not own more than one property other than their primary residence.

(2) The Applicant must document that the property:

(a) Is located in Florida;

(b) Is a single family home, a townhouse, a condominium where financial reporting for the condominium association, pursuant to Section 718.111(13), F.S., for the most recent two years is provided by the Applicant, a 1 to 4 family home where the owner occupies one unit or a mobile or manufactured home or mobile home on a foundation permanently affixed to real estate owned by the borrower;

(c) Is not abandoned, vacant or condemned;

(d) Is not the subject of any pending litigation, except for a mortgage foreclosure action by the first mortgage servicer.

(3) The Applicant must document that the mortgage loan:

(a) Is serviced by a regulated financial institution, Habitat for Humanity, the United States Department of Agriculture or other servicer whose servicing activities are regulated by the State of Florida or the United States Government;

(b) Has an outstanding principal balance that does not exceed $400,000; and,

(c) Is in first lien position.

(4) Procedures for determining eligibility are detailed in the Florida Hardest Hit Fund Procedures Manual, HHFM-01, Rev. 6/12, which is hereby adopted and incorporated by reference. Copies may be obtained at no cost, by contacting Florida Housing, HHF program at [phone].

(5) Should it be determined at any time that an Applicant has provided false or misleading information in an attempt to improperly obtain Hardest Hit Fund assistance, the Applicant will be deemed ineligible for all Programs and the matter will be referred to the U.S. Treasury and other authorities, as appropriate.

Rulemaking Authority 420.507(33) FS. Law Implemented 420.507(33) FS. History–New 12-4-12, Amended 12-12-13.