HOME DPA Program
Last Revised January 18, 2022 10
c. Recapture: Homebuyers are subject to recapture restrictions to ensure that the
home remains affordable consistent with the applicable period of affordability.
DHCD’s program design incorporates the recapture provision consistent with the
standards in the HUD HOME Investment Partnerships Program Final Rule 24 CFR
92.254.
If the homebuyer sells or transfers title of the HOME assisted property, either voluntarily or
involuntarily, during the Period of Affordability, the state will recapture, from the available net
proceeds, the entire amount of the HOME investment from the homebuyer. If there are no net
proceeds or the net proceeds are insufficient to repay the HOME investment due, the state can
only recapture the amount of the net proceeds, if any. The net proceeds are the sales price minus
superior loan repayment (other than HOME funds) and any closing costs.
The recapture provision applies to all properties that receive down payment or closing cost
assistance through this program, even loans that are assumable. If a homebuyer assisted through
this program allows the property to be assumed by, another party prior to the end of the
affordability period, the total amount of assistance will be recaptured and returned to DHCD.
The forgivable HOME loan IS NOT Assumable. If the new homebuyer receives an Assumable
1
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lien position primary mortgage giving the original homebuyer the right to assign the unpaid
balance of his obligation, without prepayment penalty, to another person upon sale of the
mortgaged property, the forgivable HOME loan MAY NOT be assumed and the recapture
provision is triggered. The state will recapture, from the available net proceeds, the entire amount
of the HOME investment from the original homebuyer and the property ceases to be a HOME
assisted unit.
d. Repayment: The owner of the HOME-assisted Unit shall at all times maintain the
Affordable Unit as his or her principal place of residence during the Period of
Affordability. At no time shall the owner of the HOME-assisted Unit lease or rent
the Affordable Unit to any person or persons. Failure of the homebuyer to occupy
the HOME assisted unit as his or her principal residence (i.e., unit is rented or
vacant) will trigger the repayment of the entire outstanding HOME investment.
DHCD will attempt to bring the property back into compliance by having the
homebuyer re-occupy the property. If re-occupancy fails, the homebuyer must
repay the entire HOME investment back to the state of Virginia.
e. Homebuyers must execute a Restricted Deed of Covenant for the amount of the
HOME subsidy with a term that runs consistent with the applicable affordability
period) (APPENDIX B); NOTE: Minimum HOME Investment per unit is $1,000 per
HUD regulations (24 CFR 92.205 Section C).
f. Homebuyers must understand that there will be a lien placed on the property
during the affordability period.
g. The homebuyer(s) may prepay the whole unpaid balance of this indebtedness at
any time without penalty. However, the provisions of the HOME homebuyer
agreement will not be released during the affordability period.
h. Subordination: The program may consider a subordination agreement in the case
of a foreclosure and/or in certain extenuating circumstances where a loan
modification will allow the house to remain an affordable unit and assist the buyer
in maintaining the property as their primary residence. In no case shall the
program consider cash out or equity refinancing. All requests must be submitted
to DHCD in writing.