Notwithstanding the maximum mortgage limitations set forth in 24 CFR 200.15, a mortgage within the limits set forth in this section shall be eligible for insurance under this subpart.

1. (a) Value limit. The mortgage shall involve a principal obligation of not in excess of eighty-five percent (85%) for a profit motivated borrower (ninety percent (90%) for a private nonprofit borrower) of the Commissioner's estimate of the value of the project, including major movable equipment to be used in its operation and any repairs and improvements. The Commissioner's estimate of value shall result from consideration of:

   1. (1) Estimated market value of the Project by capitalization,
   2. (2) Estimated market value of the Project by direct sales comparison, and

   3. (3) Total estimated replacement cost of the Project.

      In the event the mortgage is secured by a leasehold estate rather than a fee simple estate, the value of the property described in the mortgage shall be the value of the leasehold estate (as determined by the Commissioner) which shall in all cases be less than the value of the property in fee simple.

2. (b) Debt service limit. The insured mortgage shall involve a principal obligation not in excess of the amount that could be amortized by eighty-five percent (85%) for a profit motivated borrower (ninety percent (90%) for a private nonprofit borrower) of the net projected project income available for payment of debt service. Net projected Project income available for debt service shall be determined by reducing the Commissioner's estimated gross income for the Project by a vacancy and collection loss factor and by the cost of all estimated operating expenses, including deposits to the reserve for replacements and taxes.

3. (c) Project to be refinanced—additional limit.

   1. (1) In addition to meeting the requirements of paragraphs (a) and (b) of this section, if the Project is to be refinanced by the insured mortgage, the maximum mortgage amount must not exceed the cost to refinance the existing indebtedness. For the purposes of this requirement:

      1. (i) The Project shall not have changed ownership subsequent to the date of application, or
      2. (ii) The Project shall have been sold to a purchaser who has an identity of interest with the seller (as defined by the Commissioner).

   2. (2) The cost to refinance the existing indebtedness will consist of the following items, the eligibility and amounts of which must be determined by the Commissioner:

      1. (i) The amount required to pay off the existing indebtedness;
      2. (ii) The amount of the initial deposit for the reserve fund for replacements;
      3. (iii) Reasonable and customary legal, organization, title, and recording expenses, including mortgagee fees under § 200.41;
      4. (iv) The estimated repair costs, if any;
      5. (v) Architect's and engineer's fees, municipal inspection fees, and any other required professional or inspection fees; and
      6. (vi) The amount of any long-term debt service reserve account required by the Commissioner pursuant to § 232.11.

4. (d) Project to be acquired—additional limit. In addition to meeting the requirements of paragraphs (a) and (b) of this section, if the project is to be acquired by the borrower and the purchase price is to be financed with the insured mortgage, the maximum amount must not exceed 85 percent for a profit-motivated borrower and 90 percent for a private nonprofit borrower of the cost of acquisition as determined by the Commissioner. The cost of acquisition shall consist of the following items, to the extent that each item (except for paragraph (d)(1) of this section) is paid by the purchaser separately from the purchase price. The eligibility and amounts of these items must be determined in accordance with standards established by the Commissioner.

   1. (1) Purchase price is indicated in the purchase agreement;
   2. (2) An amount for the initial deposit to the reserve fund for replacements;
   3. (3) Reasonable and customary legal, organizational, title, and recording expenses, including mortgagee fees under § 200.41;
   4. (4) The estimated repair cost, if any;
   5. (5) Architect's and engineer's fees, municipal inspection fees, and any other required professional or inspection fees; and
   6. (6) The amount of any long-term debt service reserve account required by the Commissioner pursuant to § 232.11.

[53 FR 33735, Aug. 31, 1988, as amended at 59 FR 61228, Nov. 29, 1994; 77 FR 55136, Sept. 7, 2012]