Md. Code Regs. 05.04.01.21

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.04.01.21 - General Provisions

A. Program Guidelines. The Department may establish from time to time detailed Program guidelines containing underwriting standards, loan processing requirements, and other requirements or matters relating to the financing of loans or to the Program. Copies of these guidelines shall be available for examination at the offices of any local administrator and at the Department's principal office. The Department, upon request, shall provide copies to the public for a reasonable charge.

B. Fees. The Department may charge commitment fees, application fees, closing fees or other fees, charges, or penalties to applicants, borrowers, or other individuals or entities that participate in the Program. The Department may restrict the fees and charges that servicers, political subdivisions, local administrators, or other Program participants obtain from borrowers or applicants.

C. Delegation. The Secretary may delegate to the Director, the Program Directors, or to any other official or employee of the Department the authority to execute or approve any program documents or loan documents, including loan commitments and agreements with the local administrators. In addition, through the agreement with the local administrator, specific staff members for the local administrator may be authorized by the Department to execute loan documents on behalf of the Department.

D. False Statements. A borrower who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department or the local administrator originating the loan, is subject to immediate acceleration of the loan, in addition to the penalties authorized by Housing and Community Development Article, § 4-933, Annotated Code of Maryland.

E. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:

(1) Conformance to the requirements of any federal agency in connection with any rehabilitation with respect to which federal assistance is sought necessitates waiver or variance of a regulation; or

(2) In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

Md. Code Regs. 05.04.01.21

Regulations .21 amended effective November 9, 1992 (19:22 Md. R. 1986)
Regulations .21 adopted effective July 22, 1991 (18:14 Md. R. 1609)