(a) Eligible Applicants seeking to administer a single
family Program are limited to entities described in the Program Rule
and/or NOFA; and
(1) Shall be in good standing with the Department,
Texas Secretary of State, Texas Comptroller of Public Accounts and
HUD, as applicable.
(2) Shall comply with all applicable state and federal
rules, statutes, or regulations including those administrative requirements
in Chapters 1 and 2 of this title (relating to Administration and
Enforcement).
(3) Must provide Resolutions in accordance with the
applicable Program Rule.
(b) The actions described in the following paragraphs
(1) - (3) of this subsection may cause an Applicant and any Applications
they have submitted to administer a Single Family Program to be ineligible:
(1) Applicant did not satisfy all eligibility and/or
threshold requirements described in the applicable Program Rule and
NOFA;
(2) Applicant is debarred by HUD or the Department;
or
(3) Applicant is currently noncompliant or has a history
of noncompliance with any Department Program. Each Applicant will
be reviewed by the Executive Award and Review Advisory Committee (EARAC)
for its compliance history by the Department, as provided in §1.302
(relating to Previous Participation Reviews for Department Program
Awards Not Covered by §1.301 of this Subchapter) and §1.303
(relating to Executive Award and Review Advisory Committee (EARAC))
of this title. An Application submitted by an Applicant found to be
in noncompliance or otherwise violating the rules of the Department
may be recommended with conditions or not recommended for funding
by EARAC.
(c) The Department reserves the right to adjust the
amount awarded based on the Application's feasibility, underwriting
analysis, the availability of funds, or other similar factors as deemed
appropriate by the Department.
(d) The Department may decline to fund any Application
to administer a Single Family Program if the proposed Activities do
not, in the Department's sole determination, represent a prudent use
of the Department's funds. The Department is not obligated to proceed
with any action pertaining to any Applications received, and may decide
it is in the Department's best interest to refrain from pursuing any
selection process. The Department reserves the right to negotiate
individual components of any Application.
(e) If an Applicant/Administrator is originating or
servicing a Mortgage Loan, the Applicant/Administrator must possess
all licenses required under state or federal law for taking the Application
of and/or servicing a residential mortgage loan and must be in good
standing with respect thereto, unless Applicant/Administrator is specifically
exempted from such licensure pursuant to the applicable state and
federal laws and regulations regarding residential mortgage loans.
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