Title 8, Chapter 3, Section 35
( 8-3-35)
(a) It is found and declared that from time to time there has
existed and at the present time there exists an inadequate supply of
funds at interest rates sufficiently low to enable the financing of
safe and sanitary single and multifamily dwelling units for citizens
of the state with low and moderate income; that the inability to
finance such single and multifamily dwelling units results in an
inability of builders to construct such housing, causing
unemployment or underemployment in the housing construction and
related businesses and causing a lack of safe and sanitary housing
to be available to persons of low and moderate income; that such
unemployment or underemployment in the housing construction and
related businesses and an inadequate supply of safe and sanitary
housing for persons of low and moderate income wastes human
resources, increases the public assistance burden of the state,
impairs the security of family life, impedes the economic and
physical development of the state, adversely affects the welfare and
prosperity of all of the people of the state, and accordingly
creates and fosters conditions adverse to the general health and
welfare of the citizens of the state; and that the making available
in the manner provided in this Code section of a more adequate
supply of funds at interest rates sufficiently low to enable the
financing of safe and sanitary single and multifamily dwelling units
for citizens of low and moderate income will result in the
alleviation or reduction of the adverse consequences which have
resulted and may result from continued unemployment and
underemployment in the housing construction and related businesses
and the inadequate supply of such housing for persons of low and
moderate income. (b) In addition to the powers otherwise granted in this article, any
authority shall have the following powers: (1) To purchase mortgage loans or other forms of collateral and
participations therein from mortgage lenders and other holders of
such collateral and to make commitments therefor; (2) To contract with mortgage lenders for the origination of, or
the servicing of, mortgage loans to be made by such mortgage
lenders to finance eligible housing units within the authority's
area of operation and the servicing of the mortgages securing such
mortgage loans; (3) To make loans to mortgage lenders, provided that: (A) The proceeds of such loans shall be required to be used by
such mortgage lenders for the making of mortgage loans to
finance eligible housing units within the authority's area of
operation; and (B) If required by the authority, the mortgages in connection
with the mortgage loans so made, together with any additional
security required by the authority, shall be mortgaged, pledged,
assigned, or otherwise provided as security for such loans to
mortgage lenders; (4) To issue bonds from time to time, in its discretion, to
provide funds to purchase mortgage loans or other forms of
collateral or participation interests therein from mortgage
lenders and to make loans to mortgage lenders and to make direct
loans for eligible housing units as authorized in this Code
section and to issue refunding bonds for the purpose of refunding
or retiring bonds previously issued by it for any such purpose, in
accordance with the provisions of this article, which may include,
but are not limited to, bonds on which the principal and the
interest are payable: (A) Exclusively from the income and revenues of the authority
from one or more specified mortgage loans or other forms of
collateral or participation interests therein from one or more
specific loans to mortgage lenders, regardless of whether such
mortgage loans or other forms of collateral or participation
interests therein were purchased or such loans to mortgage
lenders were made from the proceeds of such bonds; or (B) From revenues of the authority generally that are not
otherwise pledged or obligated; (5) To exercise any and all rights accorded to the owner and
holder of a mortgage under and in accordance with the terms of
said instrument and the applicable laws of the state with respect
to the mortgaged property, directly or through mortgage lenders or
others acting on behalf of the authority or on behalf of the
holders of its bonds, including, but without limitation, the power
to foreclose, to forbear enforcement of any remedy on such terms
as the authority shall deem appropriate, to sell the equity of
redemption, to purchase the equity of redemption, and otherwise to
sell and dispose of the mortgaged property, all as shall seem in
the best interest of the authority and the holders of its bonds;
and (6) To mortgage, pledge, assign, or grant security interests in
any or all of its mortgage loans or other collateral or
participation interests therein, its mortgages, and any interest
of the authority created thereby in the underlying real and
personal properties covered by such mortgages as security for the
payment of the principal of, and interest on, any bonds issued by
the authority, or as security for any agreements made in
connection therewith, whether then owned or thereafter acquired,
and to pledge the revenues from which bonds are payable as
security for the payment of the principal of and interest on said
bonds and any agreements made in connection therewith. (c) No eligible housing unit shall become subject to the provisions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the benefits of Code Section 8-3-8 solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an authority for the purposes described in this Code section. (d) Any bonds issued by an authority as permitted under the terms of
this article which are issued for the purposes described in this
Code section shall be issued in accordance with the provisions of
this article, except that such bonds may be sold at any price which
shall be approved by the authority and may be sold at public or
private sale without any public advertisement. (e) Bonds of an authority which are issued for the purposes
described in this Code section shall be confirmed and validated in
accordance with the procedures set forth in Article 3 of Chapter 82
of Title 36 known as the "Revenue Bond Law," and the judgment of
validation shall have the same effect as is provided in said
"Revenue Bond Law." (f) Any action pertaining to issuance of bonds of an authority
issued for the purposes described in this Code section, the rights
of the holders thereof or the security therefor, and any action
pertaining to the validation of any such bonds, shall be brought in
the superior court of the county in which the eligible housing units
to be financed with proceeds of such bonds are located, or if such
eligible housing units shall be located in more than one county, in
the superior court of any county where any of such eligible housing
units are situated. |