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Project Name _______________________ Checklist Draft Date _______________________FHA Project Number _______________________Initial Closing Date _______________________Unless otherwise agreed, the HUD Attorney will obtain 3 sets of all documents: originals (O), certified copies (Cert), or photocopies (C), as noted. Where originals are requested, only 1 needs to be an original, and the rest may be copies. If a copy is requested, an original will be accepted.ItemHUD Form#Status and CommentFHA Commitmenta. FHA Firm CommitmentHUD-92432CInclude all attachments including HUD-executed 92264, 92264-A, and property insurance requirements and schedule. Include extensions, if applicable.b. Amendments, if anyCc. Assignments, if anyCOrganizational, Due Diligence, and Other Supporting DocumentsBorrower’s Incumbency Certificate with Organizational Documents attachedOUpdate checklist as appropriate for entity type.a.Filed formation documents, from Secretary of State, as amendedCe.g., Articles of Organization, Certificate of Limited Partnership, or Articles of Incorporation.b.Operating Agreement / Partnership Agreement / Bylaws, as amendedCShould include HUD-required provisions and be certified by Borrower as current and correct.c.Authorizing ResolutionCIf applicable (authority may be granted in governing agreement).d.Status certificateCShould be dated w/in 30 days of closing.e.Qualification to Do Business in Project StateCFor out-of-state entities, if applicable.Borrower’s Managing Member / General Partner’s Incumbency Certificate with Organizational Documents attachedOAs applicable.a.Filed formation documents, from Secretary of State, as amendedCe.g., Articles of Organization, Certificate of Limited Partnership, or Articles of Incorporation.b.Operating Agreement / Partnership Agreement / Bylaws, as amendedCShould be certified by entity as current and correct.c.Authorizing ResolutionCIf applicable (authority may be granted in governing agreement).d.Status certificateCShould be dated w/in 30 days of closing.e.Qualification to Do Business in Project StateCFor out-of-state entities, if applicable, and if required by state law.ALTA Survey Plat with HUD Survey CertificationODated within 120 days of closing.HUD Survey Instructions and Surveyor’s ReportHUD-91073MOLast inspection within 120 days of closing.Title Insurance Policy, with endorsementsO2006 ALTA form, where approved for use in the applicable jurisdiction. HUD-required endorsements shall be attached. Title exception documents and pro forma policy should be received & reviewed prior to closing. Include authority letter for title agent, if applicable.a.Title Exception DocumentsCb.UCC Search ReportCDeed or Ground Lease HUD-92070M, if Ground LeaseCEvidence of Zoning ComplianceCUsually a zoning endorsement to Title Policy; if not, a zoning opinion or letter from the zoning authority may be needed. Assurance of Utility ServiceCLetters: water, sanitary & storm sewer, electricity, gas, & phone.Opinion of Borrower’s CounselHUD-91725MOShould include appropriate attachments.a. Certification of BorrowerHUD-91725M-CERTOb. Supporting legal opinionCBond/LIHTC opinions, if applicable.c. List of pending litigationCIf applicable.Application for Insurance of Advance of Mortgage ProceedsHUD-92403OInspection Fee CheckOIf applicable.Mortgage Insurance Premium (MIP) CheckOIf applicable.Additional Examination Fee CheckOIf applicable.Special Conditions from Firm CommitmentIf applicable.Local RequirementsAttendance ListOIf applicable.HUD Loan DocumentsNote (Multistate)HUD-94001M & state addendumCState-specific provisions and/or addenda may be required.Security InstrumentHUD-94000M & state addendumOState-specific provisions and/or addenda may be required.Regulatory AgreementHUD-92466MOUCC Financing Statements (State & County)CBuilding Loan AgreementHUD-92441MOLender’s CertificateHUD-92434MOWith all applicable exhibits and attachments.Lender’s Assurance of Permanent FinancingOCertified Closing StatementOAgreement and CertificationHUD-93305MOOperating Deficit EscrowHUD-92476a-MOEscrow Agreement for Working CapitalHUD-92412MOOther escrow agreements, if applicableOList as required, see Closing Guide § 2.8.Borrower’s OathHUD-92478MOMust be given under oath in accordance with state law requirements for taking an oath, in order to fulfill National Housing Act requirements.Construction DocumentsOwner-Architect Agreement (B108) & HUD AmendmentHUD-92408-MCCertification of Architectural / Engineering Fees OSee sample language in Closing Guide § 5.7.Mortgagor’s and Architect’s Certificate of PaymentHUD-92403.1OArchitect’s Insurance Agent’s CertificateCFor both design and supervisory architects, if different.Building Permit(s)Construction Contract and HUD Supplementary ConditionsHUD-92442MHUD-92554MOInclude all appropriate exhibits.Assurance of Completion for ProjectEither bonds or completion assurance agreement.a.Bondsi. Performance BondHUD-92454MCii. Payment BondHUD-92452A-MCiii. Surety’s Power of AttorneyOOriginal to be attached to each bond or to each Performance/Payment Bond set.iv. Surety’s Fax/Email LetterCTo be sent on closing day from surety’s corporate office, not broker’s office, confirming Power of Attorney.pletion Assurance AgreementHUD-92450MOi. Evidence of Deposit or Letter of CreditCAs applicable.Plans and SpecificationsOFinal, signed by Architect and collected by housing pletion Assurance Documents for Off-Site ImprovementsHUD-92479M, if using bond, HUD-91071M if using escrowOAlso, list other required documents if applicable and as required by HUD, pursuant to § 3.5.D. of the Closing Guide.Notice of Commencement CIf project jurisdiction requires. Recording may also be required. V. Secondary Financing Documents Restrictive Covenants / Use AgreementsCWith HUD rider if applicable.Secondary Financing Loan DocumentsCa.Loan AgreementCb.NoteCc.MortgageCd.Subordination Agreement, or Rider to Note and MortgageHUD-92420MOIf private, non-governmental secondary financing is approved, a Rider to the second mortgage is used (see Closing Guide § 5.1); if public financing, the HUD Subordination Agreement is required.Disbursement AgreementOIf applicable.VI. Supplemental Bond/LIHTC DeliverablesRestrictive Covenants / Use AgreementsCWith HUD rider if applicable.Bond Counsel OpinionCVII. HUD Administrative Documents and Additional RequirementsAdministrative Memo with attached Waivers and HUD-2 formsOIf applicable.Document Review Worksheets, if applicableOIf used by program staff to document compliance with cost, valuation, architectural, or other underwriting requirements.Previous Participation Certification ClearanceHUD-92530CClosing MemorandumHUD-290OEnvironmental PermitsCAs applicable: U.S. and State Environmental Protection Agency Permit, Wetlands Permits from Army Corps of Engineers.Bond Guaranteeing Sponsor’s PerformanceHUD-92477MOIf mercial Space Leases (with Tenant Estoppel Certificates)CIf applicable.Subordination, Non-Disturbance and Attornment AgreementsCIf applicable. See sample form in Housing Notice 2011-07.Lender’s Byrd Amendment CertificateOUnless collected previously by Housing. ................
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