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Travis County Commissioners Court

September 28, 2004
Item 47

View captioned video.

47. Consider and take appropriate action on request to reconsider the creation of the strategic housing finance corporation of Travis County whose purpose is the implementation of a single-family lease-purchase program and other related matters. There was a question asked regarding the setting of interest on this program. Commissioner Davis?
>> yes, judge. And I guess during the deliberation, I guess -- which I strongly support, the lease purchase type of program, it's not that I do not support it. However, I was kind of led to believe that it would be similar to our other single family [indiscernible] program which basically is set at a fixed rate and it wasn't -- I had consistently I think during the time of the presentation asked for literature to disclose the outreach aspect of the lease purchase program whereby it would be something readily available for me to hand anyone who inquired about this particular program that we [indiscernible] putting forward with it. On receiving the outreach literature, on the literature itself, I saw something that said variable rate revenue bond as far as the program is concerned on this particular lease purchase options for a person to purchase a home, I saw variable rates there, it kind of raised the red flag because it was disclosed to us that it was a single -- it was similar to a single family housing bond type of fixed rate program. But of course when I saw that that was a variation and kind of raised a red flag. Of course I guess my position is that -- I don't think that we have ever, not in my opinion, are aware of -- of any housing initiative since I have been here judge, it may have happened prior to me getting in here, that we have dealt with something that dealt with variable rates, also have maybe [indiscernible] potentials, balloon within a cap, where the rates is just a moving target, I didn't want that to be imposed on -- on the community as far as those kinds of situations are concerned. I basically wanted to bring this back, I don't know how the rest of the daughter feels but I知 -- how the rest of the daughter feels but I知 -- how the rest of the court feels but I知 very opposed to any situation where you have a variable rate structure on mortgage. That was not -- my understanding when we first started going into this and like I say whenever it was discovered I wanted to bring it back maybe for reconsideration as far as I知 concerned. I don't know what anybody else want to do, but you can go from there and of course you brought a lot of information was brought in just late yesterday afternoon, like about 4:45. Quite a bit of information. And bond itself, series 2004, from the revenue bond side of this. And of course that was a lot of information to even try to digest and of course it wasn't disclosed. So that's my whole concern is that when the communities ask me about the program, I -- I had no idea that we were talking about variable rates. And we have [indiscernible] and a whole -- bonds and a whole lot of other things attached to this, then a cap, 5% cap, that's why I brought it up judge. If they can explain that --
>> why don't we hear.
>> we need to hear something.
>> let them explain it to us. Why don't we hear basically what the variable rate is and why it's necessary to be part of this program, if it is.
>> yes, my name is wylie hopkins, chief operating officers of the housing finance crption. Cliff blunt our counsel. Cliff you don't mind, you alluded to and outlined in detail how this was structured. I might say this to my knowledge we never alluded to this being anything other than a variable rate transaction. And --
>> how does that work? Help us understand that first.
>> this is a 30-year mortgage. When a borrower or a tenant comes in and signs a lease purchase with the opportunity to assume the mortgage at the end of 39 months, they will have a 30-year mortgage on the property. So I think I heard balloon a minute ago. There is not a balloon. It will be for that period of time. The rate will be set quarterly during the origination period, we will set a rate at closing scheduled for next Monday. That rate will be good through December 31st. So all lease purchase transactions that are initiate during that quarter will have the same rate and we were estimating 5 and 7/8ths, it has gone down a little bit.
>> looks like 5 and three quarters through the end of this year. That rate will stay set for 7 years.
>> how many years.
>> seven years.
>> all right. At the end of seven years, it will start adjusting annually as -- it has a 2% per an mum cap, every year it can adjust as much as two percent up or down. It can adjust down, also. With a lifetime cap on the high side of 5 points, so for this first quarter, the highest those mortgages could ever be, it would be in the 10th year that it could even get this high would be 10 and three quarters. It can never go -- there is a floor, though, it can never go below, I believe two and three quarters percent, the lowest the rate could ever adjust. So that's -- that's how the particular mortgages work.
>> right. On that point like when -- when I asked the question, this is from -- from harvey Davis, something called a -- an [indiscernible] index.
>> the libor index.
>> yeah. Libor index, I知 not a financial person, but at that date that I asked you, at that time with 5.883%. Of course the point is that even after it's set for a seven year period, that -- that figure right there is a moving target. Doesn't stay set. Then again after the seven year period, there is a possibility regardless of what that is if this -- that can be seven, eight, nine percent, even as high -- because that's something that's moving, it's not a set amount. And it can in fact go higher than 10%. According to the example that you gave and according to -- to the movement of this -- of this particular index. It does vary, it does move. It can go up or down. But point is, I知 looking at the upside of the worst case scenario and right now, it appears that there may be some instability as far as some of the freddie mac situation right now. So I知 hearing some deep -- I知 having some deep concerns because that was not -- if anybody else can recall what we're talking about here today, during the discussion of this particular lease purchase program, I would like you to say it, because this was not brought up, during the discussion of this particular program. You know, I was a strong advocate of -- strong supporter of good housing, sound programs with Travis County. I have always been a proponent of it. What you have discussed today was not discussed. It's -- but go ahead and finish going. But I知 just saying my assessment of it, what i've been looking at as far as investigating as far as what I have here now.
>> well, I mean --
>> what is there about the program that makes the variable rate -- acceptable I guess.
>> well, number one, I think when you step back and look at the big picture, we are talking about providing a program to service potential homeowners that are Travis County residents that right now cannot qualify for a mortgage. Or at least a market mortgage. If theycal phi, they are going to -- goodwill going to to -- they are going to qualify what's called the subprime market, their rates are going to be at least three points higher, probably even higher than that if theyket good a -- if they can get a loan at all. 30 years at the mortgage, if it stays out that long, if you look at break even, it may not even hit break even for what they could get otherwise. I this the other thing to -- the other thing to consider is that these are folks that have a credit challenge and credit history they can't qualify for it. This program is going to provide credit counting, enable them to raise their credit score up high enough that they can qualify for a mortgage on a more current market condition. At the time that they do that, there is no penalty built in, these people they come in, and sign these leases and then assume these mortgages, can -- can refinance that mortgage at any time. So the minute that they have purchased the property and assumed the loan, their credit score is high enough to do that, they can, if they elect to, refinance this forge and get -- this mortgage and get whatever mortgage product they want that's on the market at that time. If they -- the idea of this program is to provide some opportunities to some residents in Travis County that don't have that opportunity right now.
>> but even if you refinance, they look at your credit. In order to refinance. And if it doesn't meet it, you don't get refinanced. And so -- so but I think the thing that I found good about this, it gives people an opportunity to work -- I wish that I could work with -- someone would work with me on my credit. That -- because we all need it at some point. But it gives you an opportunity to work with the families to -- on the credit to clean it up, to strengthen it and then be ready for the time when the rate is low so you can refinance. I don't think we want to refinance with the same rate or the higher rate. We want to make sure that we're ready for -- for the time when that tax rate -- I mean when that rate lowers, right?
>> okay.
>> can you tell me --
>> I知 sorry.
>> can you tell me a program in the country right now that's using this structure as you presented to the Travis County that is successful using this concept with the same freddie mac support as far as bonds, somewhere in the country right now, that has a successful track record.
>> I think there's several. I personally --
>> not having any structural problems. I've heard some things that there are some definite concerns of real problems with some of these programs that are in other places that using freed demac bonding issue, freddie mac bonding issue, using this particular concept. Even our staff person when we first started looking at this really wasn't, I知 saying harvey Davis, looked at this and wouldn't really recommend it to us. Of course let me let you answer that question, though.
>> sorry. Remind me, which question did you want me to answer?
>> the one I just asked. In other words there are serious problems according to sources about this particular program in other parts of the country.
>> yes, sir.
>> under this. So can you tell me the success --
>> absolutely.
>> or am I just hear the wrong information.
>> I知 -- I can't speak to that question because it's been a while since i've been here to remind, my name is guy [indiscernible] I am familiar with several programs throughout the country that have been successful, from the origination perspective if that's what you're asking. Yes, that's the case.
>> let me ask you -- I知 asking as far as other problems, structural integrity of the owe over the programs itself and things of that nature. There have been a lot of -- have mentioned significant problems with it. And really the -- the -- the thing is that they need to be really looked at and -- wait and see attitude I think we need to maybe do on some of this stuff, real serious flaws, and of course if that's the case, then -- then beginning to really have some real bad vibes and especially when none of this information was disclosed when we came before the housing finance corporation for us to -- to support you and move forward. It's not that you are not doing a credible job. I知 not saying those kind of things. I知 saying that there is a need for a lease purchase program. But I would dare not allow this to -- to a person who is on a fixed income in the next year they have to make adjustment on that fixed income when they get a 2.5% increase of the mortgage they are paying and they are struggling at that time to make those necessary needs. That's moving -- targets. We are talking about folks that aren't in a position where they are comfortable, as far as acquiring a traditional mortgage as we know, even if it's fixed mortgage and we see -- when you say variable I think that's the first thing that ought to be right popping in somebody's face, hey, these are variable rates this is what can happen to you under a variable rate scenario. It can get as high as an additional 5% cap on top of what you are dealing with right now. I don't think that the persons in Travis County, in my opinion, should be hog tied to something like that. Especially when they are struggling to make ends meet as they are now.
>> well, is it true that if you -- if you get into this program, at a pretty low interest rate and 5.75 is pretty low, it's fixed there for a -- seven years?
>> yes, sir.
>> you spend your seven ebb years working on your credit. If we try to increase that to 7.75, you come to us and say, Travis County, thank you, my credit is a whole lot better, I can beat your interest rate at xyz mortgage company and we have been successful.
>> also, you don't have to wait until that seven year period. You can do it at any time after you assume that mortgage on the house, you can go refinance that mortgage. So starting -- most people will do that at 39 months as they owe after they enter into a lease, any time after 39 months they can go in and do that.
>> if you don't need this program in the beginning there's no reason to go through it. You need to go and access one of the other Travis County programs, down home payment, the rest of that. When we put this in this place my understanding was that we were trying to help people who really as a last resort had to depend on a program like this because they could not get in a home ownership position otherwise. So rather than be renters forever, this program gives them an opportunity to rent for a short period and then get a mortgage. My understanding is that this is not available anywhere else in Travis County, is it?
>> that's right.
>> so the other thing, my caution was that, you know, we try to get the best ones possible and we really sort of arrived that every time we do 25, we kind of take a look at this situation. If we can improve it, we do that, but keep on moving it, I mean, and where there are deficiencies then we try to address those. But my thinking, too, was that if you got to the point where you did not need this program, then I had no problem with your moving on. At a lower interest rate. And us basically being able to claim this is one of our success stories right here. I don't know that we highlighted the variable interest rate.
>> we didn't.
>> but I did know that this is not as good as xyz with sterling credit going to a mortgage company and getting into that situation, otherwise you wouldn't have to be leasing up front.
>> that's where I got my comfort level on this. Harvey came to see me, there you are, over the lunch period where I could sign-off on a check because we had yet one more of our folks that came through on down payment assistance. Not this program, but another helping out kind of program saying don't need my five years, I知 ready to move on, they are going on. I think in the old days, when we signed a mortgage, you know, people really did stay in a house for 30 years and there was a value to locking into a super, super low rate because it was assumable. That was always what everybody looked for. Well, I actually have been in my home for 22 years, looking forward to having it actually paid off in a couple more years. I知 on my third mortgage staying put because I have been able to take advantage throughout the years as the interest rates dropped and I got in at 12%, at the time that was a bargain because the market was 18. I mean there really was a time in the early '80s that even somebody with a great credit rating had an 18% note.
>> [indiscernible]
>> it was 18%. Sometimes we get lull into thinking this thing is what it isn't. To me, I知 fine with me, to be able to lock in for seven years at 5.8 or 5.75 is amazing. The chances that somebody finally is going to stay in his house forever I think there's either the chance of refiling, they will have been given the opportunity that no one else is going to give them to repair their credit, really be out there on their own and prove their worth to somebody or they might find another house. In which case like the check I signed off on today at lunch, they are already moving on. They didn't even stay there the five years and we have seep that over and over and over again on the housing finance corporation. People saying, appreciate it, I知 moving on. And the secondary or -- I call the secondary market, submarket, there are a lot of folks literally being shut out, forced into these eight, nine, 10% notes or what you cautioned against, a good caution, balloon mortgage is horrible because it literally has a humongous amount that you barely see, made any kind of dent in the principle that's due and you are really stuck with whatever market commissions are out there on the day that it's due. Just one of the things, there actually is a moving target for all of us. Even those of us that have a mixed principle and interest payment because there's a ti that's part of the pi, taxes and insurance. We just adopted a budget today and everybody that is a -- that is a home owner is going to be seeing their mortgage go up just a tad. Because taxes went up, not only for Travis County but the city of Austin and our school districts and a.c.c. Then there's this thing called insurance. Insurance is also a moving target. There's a lot of responsibility that goes into being a home owner, I知 looking at this as a great opportunity for somebody who would be thrown into the subor secondary market at a very, very high price that for seven years you get to lock down an unbelievable -- this is an unbelievable rate that would be offered only to those that have a good credit rating and a great personality. [laughter] in allows -- this allows them to improve themselves, to another house, another mortgage. We are giving them the chance to open the door. This doesn't lock them in for a 30 year note. They are not stuck with anything. I was aware that it was adjustable and thrilled that it's seven years because a lot of those adjustable notes you only get a five year lock in period. And then that period starts where you can get it jacked up on an annual basis depending on what's going on with the economy. So my comfort level is here, but you asked very good questions. People need to be very educated about what they are signing because it's serious grown-up stuff. The questions are very good, but I felt comfortable that this was a very good program and we wouldn't be throwing somebody into a path that really isn't appropriate.
>> yeah.
>> but those are good questions, very good questions.
>> I need to ask harvey Davis some questions.
>> harvey you have heard the comments that have been made here today. Of course as you know, when this first came to us it was something that you basically would not also support or recommend it. However, I still haven't gotten an adequate answer I guess of what this particular kind of program is doing in other parts of the country. I would like to hear if you have anything on that.
>> well, as you know, when the Commissioners court considered this program or was considering establishing the -- the new housing finance corporation, and I believe this was in March or April of this year, I contacted several programs that were -- that were these freddie mac programs around the country and I believe it was maybe six or seven programs, I received negative information, one I received positive information. And I think that I -- at that time related to the board some of the concerns -- difficulties that these other programs around the country were having, issues like unrealized expectations, a lot of interest and then there would -- they were being overwhelmed with the programs, people -- some issues with -- with valuation of homes going down during the lease period or people leaving the -- their houses during -- during the lease period. And some programs they were not able to -- to put people in the homes. So they -- they would issue $40 million in bonds, for example, and maybe only have less than 10 people that -- that actually purchased a home through the program. So they used only a small fraction of the amount of bonds that were issued. So again those were issues that -- that I think that I communicated to the Commissioners court at that time.
>>
>> [one moment please for change in captioners]
>>
>> you've heard a couple of folks say that for so many years you can do the refinancing and leave the program after -- and the lease scenario, lease to purchase.
>> I think one of the concerns that I -- at that time I think one of the concerns that I raised was that during the lease period, the 37 months, that if somebody was wanting to get into a mortgage early, I mean, they were ready after a year, for example, and they wanted to get into a mortgage, there was a penalty that they had to pay. And depending on the time period in the 37 months, that penalty could be substantial. So there was some hindrance of somebody that was qualified and not being able to go ahead and get their mortgage and become a real homeowner instead of a lease person. As far as the arm rate I think that really our focus was kind of on these issues of how the programs were doing in other parts of the country. I don't think that I focused so much on that these mortgages were going to be an arm mortgage.
>> what about the ability to refinance if you can get a better deal? Depending on how good your credit is, you can beat the interest rate. I don't think there's anything in the program to stop you from doing that. It ought to be like any other mortgage.
>> only in the 37 month period.
>> while you're leasing.
>> while you're leasing. You are tied to the lease for the 37 months. And that is a long lease period. As far as after that, I certainly had no issue with -- it's good that you can refinance and there's no penalty.
>> as you know, the interest rate was 5.75% the other day when we looked at this index. When we looked at it, it was a 5.83. Does that mean that -- here a person gets ready to go in and purchase an interim lease, and whatever that is on that day when we close, that is what they're locked into. That's just like anything else. And right now it is today, as of today, but tomorrow the thing that may change, as anything else on a daily basis if we look at this stuff.
>> I think we said that each quarter.
>> for three months, okay.
>> is that the rate that's locked in for three months is the mortgage rate that's offered but the program, it doesn't affect any subsequent changes in mortgage rate don't affect the initial borrowers. That is to say we're going to potentially issue 35 million dollars' worth of debt, but more than dollars'worth of mortgages wille originated. Those mortgages that are originated from October fourth through December 31st will be originated at 5.75%, and that will be rate that stays in place for the next seven years for that particular borrower or those borrowers. Then beginning January 1 through the following March 31st a new rate based upon an index similar to the one that you're referring to will be used to -- will be established for those borrowers who will originate mortgage bonds during that quarter.
>> but within that seven-year time frame -- in other words, year after year after year.
>> we'll have a two-year origination period to use the entirety of the $35 million -- 32 and a half million dollars, excuse me. But what we've tried to do about using variable rate debt is to create an environment where the mortgage rate for the program is always competitive with competing programs. And so this allows us to offer a new mortgage interest rate. I can't imagine rates getting much lower in the next 90 days, but if that should happen, we'll be able to reprice the mortgages available through this program and any mortgage originated subsequent 90 days would be at that new lower rate. The thing to note, that mortgage will stay at that new lower rate for the entirety of that seven years. The question you asked about assumption, it stays in place throughout the entirety of the 39 month please agreement, that's the rate that that money will assume at and then continue to make no mortgage payments for the next four years based upon that initial rate before they're subject to any kind of adjustment, that 200 basis rate adjustment at the end of seven years, again keeping in mind that our goal would be to stay in touch with those folks.
>> the worst case scenario, even if it's locked in at 5.75, the worst case scenario, even with a five percent cap, that could end up being 10.75 if that increment period of looking at the adjustment period for the two and a half percent is adjusted. So there is still a possibility of 10.75 percent interest on that particular mortgage.
>> indeed there is. And what I would note --
>> and that was my whole point. It's a good idea -- listen. I知 not knocking what you're doing.
>> thank you.
>> I知 not knocking what you're doing. Believe may, I知 not. But it's just that I just wish that this was something that we are going through it as we're doing now and then all of this could have been flushed out at this time -- at that time for me. If I had known it was a variable, I could have said a five and a half percent cap, all this stuff could have been disclosed. Folks have asked me about this and stuff like that, and I kept pushing for the little handout that's going to be given out to the community. Of course, at the very top of it it does say variable rate. I think people need to be very mindful, but I知 not going to be able to support this as such because it wasn't disclosed to me until after the fact on this particular concept and scenario. Not that you're not doing good work. I appreciate what you're doing. And those that can benefit from it, you know, they should, but accept my position that I have to take because of the fact that it does say -- it's the deal that you gave me the other day, it does say variable rate right at the top.
>> what's the 39-month lease requirement?
>> it's the amount of time taken --
>> who mandates that?
>> it's a combination of freddie mac and the investors, the provider on this transaction. I'll be happy to explain that is a 39 month lease period to enable the family to repay the down payment and closing cost assistance that the hs -- the housing finance corporation, generated by issuing this debt. It thanks for making daybreak a part of your day that long to service the payment and make it a reasonable payment to the family in order for the bonds to be paid off.
>> this has been determined to be a due diligence period by freddie mac and the bond hold ohers, I take it.
>> I think it's a period of if it's necessary to repair the credit and to kind of -- I don't know how to word it, but to cover the cost involved in doing the program.
>> they are non-asset bonds. In addition to the 32 and a half million dollars, both the acquisition accounts and the payment system, there are non-asset bonds that are issued. Those have to be repaid. The housing finance corporation is financing the entirety of this project. Consequently those lease payments that will be garnered over the 39 month lease period will be used to repay the debt service associated with the bonds, non-asset and asset bonds alike. The whole portion of that is attributed to down payment assistance. So again it takes the 39 months.
>> it's structured around making lease payments for 39 months? This is for the home ownership basically?
>> yes, sir.
>> there's no way for us to wake up one morning and say these 100 applicants look very good, let's put them on the 29 month program. That won't work. [ laughter ]
>> actually, the underlying guidelines are written such that any family can assume early, beyond the first 12 months, if they in most cases experience a windfall. I believe mr. Davis referred to a prepayment penalty. It's actually an early assumption fee.
>> that sound a wohl lot better -- (indiscernible). [ laughter ]
>> thank you.
>> again.

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Last Modified: Thursday, October 27, 2005 9:22 AM