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Resolution Number 01-2-6-9Rz RESOLUTION NO. 01-2-6-9 EXCEPTION TO FIRST-TIME HOMEBUYER PROGRAM RULES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AN EXCEPTION TO THE CITY'S FIRST-TIME HOMEBUYER RULES TO AUTHORIZE THE FIRST MORTGAGE LENDER TO USE A 30 -YEAR VARIABLE RATE LOAN FOR LETTIA MURRAY WHEREAS, the applicant, Lettia Murray, 32221 Alipaz Street, #101, San Juan Capistrano, California 92675, has submitted an application for assistance through the City's First -Time Homebuyer Program; and, WHEREAS, the City's program rules require the first mortgage loan to be a 30 -year fixed loan; and, WHEREAS, the first mortgage lender, American Sterling Bank, will notqualify the applicant for a 30 -year fixed mortgage loan due to poor credit, but will approve a 30 - year variable rate loan with a co-signer on the loan; and, WHEREAS, the applicant has obtained a co-signer on the first mortgage loan; and, WHEREAS, the variable rate loan will initially provide a lower interest rate than a 30 -year fixed loan; and, WHEREAS, the City's second mortgage loan will be protected by having a co-signer on the first mortgage loan; and, WHEREAS, the City needs to spend the First -Time Homebuyer Program grant funds as quickly as possible to avoid penalties for non-performance by the State of California; and, WHEREAS, on February 6, 2001, the City Council conducted a public meeting to consider the exception to the program rule. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that the exception to the program rule to allow use of a variable-rate interest first mortgage loan will not have any significant financial impact to the City and will assist in satisfying the State of California's milestones for performance on the grant. -1- 290 BE IT FURTHER RESOLVED, that he City Council approves an exception to the city's First -Time Homebuyer Program rules to authorize the first mortgage lender to use a 30 -year variable rate loan for Lettia Murray. PASSED, APPROVED, AND ADOPTED this February , 2001. WYA ART, M&OR ATTEST: CITY CLERK) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) 6th day of I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 01-2-6-9 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of February , 2001, by the following vote: AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and Mayor Hart NOES: ABSTAIN: ABSENT: (SEAL) CHERYL JOHWSOK CITY CLERK -2-