LegalFix

Section 302 - Corporation -- Additional powers.

UT Code § 63H-8-302 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) To accomplish the declared purposes of this chapter, the corporation has the following powers: (a) to purchase mortgage loans originated by mortgage lenders or local public bodies made for the purpose of financing the construction, development, rehabilitation, refinancing, or purchase of residential housing for low and moderate income persons; (b) to make mortgage loans and to provide financial assistance to housing sponsors for the purpose of financing the construction, development, rehabilitation, refinancing, or purchase of residential housing for low and moderate income persons; (c) to make mortgage loans and provide financial assistance to housing sponsors for the purpose of financing the operations of a housing development that are necessary or desirable to enable the housing development to remain available as residential housing for low and moderate income persons, whether or not the housing development has been financed by the corporation; (d) to provide financial assistance to any housing authority created under Title 35A, Chapter 8, Part 4, Housing Authorities, which housing authorities may enter into commitments for and accept loans for a housing project as defined in Section 35A-8-401; and (e) to make mortgage loans and to provide financial assistance to low and moderate income persons for the construction, rehabilitation, refinancing, or purchase of residential housing.

(a) to purchase mortgage loans originated by mortgage lenders or local public bodies made for the purpose of financing the construction, development, rehabilitation, refinancing, or purchase of residential housing for low and moderate income persons;

(b) to make mortgage loans and to provide financial assistance to housing sponsors for the purpose of financing the construction, development, rehabilitation, refinancing, or purchase of residential housing for low and moderate income persons;

(c) to make mortgage loans and provide financial assistance to housing sponsors for the purpose of financing the operations of a housing development that are necessary or desirable to enable the housing development to remain available as residential housing for low and moderate income persons, whether or not the housing development has been financed by the corporation;

(d) to provide financial assistance to any housing authority created under Title 35A, Chapter 8, Part 4, Housing Authorities, which housing authorities may enter into commitments for and accept loans for a housing project as defined in Section 35A-8-401; and

(e) to make mortgage loans and to provide financial assistance to low and moderate income persons for the construction, rehabilitation, refinancing, or purchase of residential housing.

(2) The corporation may issue bonds to purchase loans under Subsection (1)(a) only after a determination by the corporation that the loans are not otherwise available upon reasonably equivalent terms and conditions from private lenders.

(3) Loans for owner-occupied housing made under Subsection (1)(a) may not include a penalty for prepayment.

(4) The corporation shall make rules or adopt policies and procedures to govern the activities authorized under this section, including: (a) procedures for the submission of requests or the invitation of proposals for the purchase and sale of mortgage loans and the making of mortgage loans; (b) rates, fees, charges, and other terms and conditions of originating or servicing mortgage loans in order to protect against a realization of an excessive financial return or benefit by the originator or servicer; (c) the type and amount of collateral, payment bonds, performance bonds, or other security to be provided for construction loans made by the corporation; (d) the nature and amounts of fees to be charged by the corporation to provide for expenses and reserves of the corporation; (e) procedures allowing the corporation to prohibit persons who fail to comply with the rules of the corporation with respect to the operations of a program of the corporation from participating, either directly or indirectly, in the programs of the corporation; (f) the terms and conditions under which the corporation may purchase and make mortgage loans under each program of the corporation; (g) the terms and conditions under which the corporation may provide financial assistance under each program of the corporation; (h) the terms and conditions under which the corporation may guarantee mortgage loans under each program of the corporation; and (i) any other matters related to the duties or exercise of powers under this section.

(a) procedures for the submission of requests or the invitation of proposals for the purchase and sale of mortgage loans and the making of mortgage loans;

(b) rates, fees, charges, and other terms and conditions of originating or servicing mortgage loans in order to protect against a realization of an excessive financial return or benefit by the originator or servicer;

(c) the type and amount of collateral, payment bonds, performance bonds, or other security to be provided for construction loans made by the corporation;

(d) the nature and amounts of fees to be charged by the corporation to provide for expenses and reserves of the corporation;

(e) procedures allowing the corporation to prohibit persons who fail to comply with the rules of the corporation with respect to the operations of a program of the corporation from participating, either directly or indirectly, in the programs of the corporation;

(f) the terms and conditions under which the corporation may purchase and make mortgage loans under each program of the corporation;

(g) the terms and conditions under which the corporation may provide financial assistance under each program of the corporation;

(h) the terms and conditions under which the corporation may guarantee mortgage loans under each program of the corporation; and

(i) any other matters related to the duties or exercise of powers under this section.

(5) (a) (i) The trustees of the corporation shall elect the directors, trustees, and members, if any, of each subsidiary. (ii) Service by a trustee of the corporation in any of these capacities does not constitute a conflict of interest for any purpose. (iii) The corporation may delegate any of its powers and duties under this chapter to any subsidiary. (iv) Subsidiaries shall constitute legal entities separate and distinct from each other, the corporation, and the state. (b) A note, bond, and other obligation of a subsidiary shall contain on its face a statement to the effect that: (i) the subsidiary is obligated to pay the note, bond, or other obligation solely from the revenues or other funds of the subsidiary; (ii) neither the corporation, nor the state, nor any of its political subdivisions is obligated to pay the note, bond, or other obligation; and (iii) neither the faith and credit nor the taxing power of the state or its political subdivisions is pledged to the payment of principal, the redemption price of, or the interest on, the note, bond, or other obligation. (c) Upon dissolution of a subsidiary of the corporation, any assets shall revert to the corporation or to a successor to the corporation or, failing this succession, to the state.

(a) (i) The trustees of the corporation shall elect the directors, trustees, and members, if any, of each subsidiary. (ii) Service by a trustee of the corporation in any of these capacities does not constitute a conflict of interest for any purpose. (iii) The corporation may delegate any of its powers and duties under this chapter to any subsidiary. (iv) Subsidiaries shall constitute legal entities separate and distinct from each other, the corporation, and the state.

(i) The trustees of the corporation shall elect the directors, trustees, and members, if any, of each subsidiary.

(ii) Service by a trustee of the corporation in any of these capacities does not constitute a conflict of interest for any purpose.

(iii) The corporation may delegate any of its powers and duties under this chapter to any subsidiary.

(iv) Subsidiaries shall constitute legal entities separate and distinct from each other, the corporation, and the state.

(b) A note, bond, and other obligation of a subsidiary shall contain on its face a statement to the effect that: (i) the subsidiary is obligated to pay the note, bond, or other obligation solely from the revenues or other funds of the subsidiary; (ii) neither the corporation, nor the state, nor any of its political subdivisions is obligated to pay the note, bond, or other obligation; and (iii) neither the faith and credit nor the taxing power of the state or its political subdivisions is pledged to the payment of principal, the redemption price of, or the interest on, the note, bond, or other obligation.

(i) the subsidiary is obligated to pay the note, bond, or other obligation solely from the revenues or other funds of the subsidiary;

(ii) neither the corporation, nor the state, nor any of its political subdivisions is obligated to pay the note, bond, or other obligation; and

(iii) neither the faith and credit nor the taxing power of the state or its political subdivisions is pledged to the payment of principal, the redemption price of, or the interest on, the note, bond, or other obligation.

(c) Upon dissolution of a subsidiary of the corporation, any assets shall revert to the corporation or to a successor to the corporation or, failing this succession, to the state.

(6) (a) The corporation may, with the approval of the state treasurer: (i) enter into interest rate contracts that its trustees determine are necessary, convenient, or appropriate for the control or management of debt or for the cost of servicing debt; and (ii) use corporation funds to satisfy its payment obligations under those contracts. (b) An interest rate contract may contain payment, security, default, termination, remedy, and other terms and conditions that the trustees consider appropriate. (c) An interest rate contract and funds used in connection with an interest rate contract may not be considered a deposit or investment.

(a) The corporation may, with the approval of the state treasurer: (i) enter into interest rate contracts that its trustees determine are necessary, convenient, or appropriate for the control or management of debt or for the cost of servicing debt; and (ii) use corporation funds to satisfy its payment obligations under those contracts.

(i) enter into interest rate contracts that its trustees determine are necessary, convenient, or appropriate for the control or management of debt or for the cost of servicing debt; and

(ii) use corporation funds to satisfy its payment obligations under those contracts.

(b) An interest rate contract may contain payment, security, default, termination, remedy, and other terms and conditions that the trustees consider appropriate.

(c) An interest rate contract and funds used in connection with an interest rate contract may not be considered a deposit or investment.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.