Title 36, Chapter 41, Section 6
( 36-41-6)
(a) With respect to the power to make loans set forth in subsection (a) of Code Section 36-41-5, each authority may make loans to qualified housing sponsors or eligible households for the financing, acquisition, or rehabilitation of residential housing within the geographic boundaries of the large municipality activating the authority. Any such loan: (1) Shall be used for all or part of the cost of financing,
acquiring, or rehabilitating residential housing, including the
construction of residential housing, in accordance with the rules
of the authority; and (2) Shall be secured in such manner and be repaid in such period,
not exceeding 40 years, as may be determined by the authority and
shall bear interest at a rate determined by the authority. (b) Each authority may make and contract to make loans to lending
institutions, on such terms and conditions as it shall determine, in
accordance with the following criteria, and all lending institutions
are authorized to borrow from the authority in accordance with
administrative guidelines of the authority established pursuant to
the following criteria: (1) The authority shall require that each lending institution
receiving a loan pursuant to this subsection shall issue and
deliver to the authority evidence of its indebtedness to the
authority, which shall constitute a general obligation of such
lending institution and shall bear such date or dates, shall
mature at the time or times, shall be subject to prepayment, and
shall contain such other provisions consistent with this Code
section as the authority shall determine; (2) The interest rate or rates and other terms of such loans made
from the proceeds of any issue of bonds of the authority shall be
at least sufficient to assure the payment of the bonds and the
interest thereon as the same become due; (3) The authority may require that such loans shall be secured as
to payment of both principal and interest by a pledge of
collateral security in such amounts as the authority shall
determine to be necessary to assure the payment of such loans and
the interest thereon as the same become due. Such collateral
security may consist of: (A) Obligations for the payment of money by or guaranteed by the
United States of America; (B) Obligations for the payment of money by any of the
following: the Bank for Cooperatives, the Federal Intermediate
Credit Bank, the Federal Home Loan Bank System, the
Export-Import Bank, the Federal Land Banks, the Federal National
Mortgage Association, or the Government National Mortgage
Association; (C) Obligations for the payment of money by the state or any
municipal corporation therein; (D) Mortgages insured by the Federal Housing Administration or
guaranteed by the United States Department of Veterans Affairs
and such other mortgages insured or guaranteed by the federal
government or by a private insurer as to payment of principal
and interest as shall be approved by the authority; (E) Conventional mortgages approved by the authority; or (F) Any other security determined by the authority to protect
the interests of the authority and the bondholders; (4) The authority may require that collateral for such loans be
deposited with a bank, trust company, or other financial
institution acceptable to the authority located in the state and
designated by the authority as custodian therefor. In the absence
of such requirement and if required by the authority, each lending
institution shall enter into an agreement with the authority
containing such provisions as the authority shall deem necessary
to: (A) Identify adequately and maintain such collateral; (B) Service such collateral; and (C) Require the lending institution to hold such collateral as
an agent for the authority and be accountable to the authority
as the trustee of an express trust for the application and
disposition thereof and the income therefrom. The authority may
also establish such additional requirements as it shall deem
necessary with respect to the pledging, assigning, setting
aside, or holding of such collateral and the making of
substitutions therefor or additions thereto and the disposition
of income and receipts therefrom; (5) The authority shall require as a condition of each loan to a
lending institution that such lending institution, within such
period after receipt of the loan proceeds as the authority may
prescribe by regulation, shall have entered into written
commitments to make and, within such period thereafter as the
authority may prescribe by regulation, shall have disbursed the
net loan proceeds in mortgage loans on residential housing in an
aggregate principal amount equal to the net amount of such loan
proceeds. Such mortgage loans shall have such terms and
conditions as the authority may prescribe; (6) The authority shall require each lending institution to which
the authority has made a loan to submit evidence satisfactory to
the authority of the making of new mortgage loans for residential
housing as required by this Code section and in connection
therewith may, through its employees or agents, inspect the books
and records of any such lending institution; (7) Compliance by any lending institution with the terms of its
agreement with or undertaking to the authority with respect to the
making of mortgage loans for residential housing may be enforced
by the decree of any court of competent jurisdiction; (8) To the extent that any provisions of this subsection may be
inconsistent with any provision of law of the state governing the
affairs of lending institutions, the provisions of this subsection
shall control.
(c) Notwithstanding any other provision of this chapter, each
authority may finance residential housing under any provision of
this chapter for occupancy by persons who, by virtue of age,
physical condition, or other appropriate factors, are determined by
the authority to require the assistance provided by such authority
under this chapter, without regard to personal or family income. |