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This entry was published on 2014-09-22
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Mortgage modifications
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 2
§ 23-c. Mortgage modifications. 1. For the purposes of this section,
the following terms shall have the meanings set forth below:

(a) "Existing mortgage" shall mean any mortgage held by the
municipality securing a loan made by such municipality in accordance
with the provisions of this article, and any note or bond evidencing
indebtedness thereon, including, but not limited to, any mortgage, note
or bond securing residual indebtedness and any mortgage, note or bond
securing a loan to finance the construction of a project.

b. "Non-recoverable debt service" shall mean, with respect to any
increase in indebtedness executed or approved pursuant to this section
that is not attributable to project cost, all payments of interest and
principal on such portion of the indebtedness.

(c) "Restrictive agreement" shall mean a binding agreement between a
company and the supervising agency, which (i) prohibits the dissolution
of the company pursuant to the provisions of section thirty-five of this
article for not less than six years from the date of such agreement, and
(ii) prohibits the consideration of non-recoverable debt service in any
rent increase pursuant to the provisions of section thirty-one of this
article at any time subsequent to the date of such agreement.

2. Notwithstanding the provisions of this article or the provisions of
any law, general or special, a company that enters into a restrictive
agreement on or after the effective date of a chapter of the laws of
2004 which added this subdivision, may, with the approval of such
supervising agency:

(a) substitute a new mortgage approved by the supervising agency for
any existing mortgage;

(b) extend or modify any existing mortgage in such manner and for such
term as shall be determined by the supervising agency;

(c) subordinate any existing mortgage in any manner approved by the
supervising agency to the lien of any mortgage held by a lender that is
authorized to participate in loans pursuant to section twenty-three-b of
this article; and

(d) borrow funds and secure the repayment thereof by note and mortgage
or in any other manner approved by the supervising agency.