Renovation Funds
• On the Note Date, funds sufficient to cover the total cost of the renovations must be deposited into a completion escrow
account. For mortgages with renovations not completed by the settlement date, such account must be a custodial account
for renovation funds.
• The renovation costs identified in the construction contract must be consistent with the amount of funds deposited into the
completion escrow account or custodial account for renovation funds, as applicable.
• If the proceeds are insufficient to cover the contracted cost of the renovations, the borrower must deposit sufficient funds to
pay the remaining amount into the completion escrow account (custodial account for renovation funds) as applicable.
Contingency Reserve
• In addition to the renovation funds required to be deposited into the custodial account for renovation funds, the seller must
also deposit a contingency reserve to cover unforeseen renovation costs.
• Contingency reserve funds may come from the mortgage proceeds or directly from the borrower.
Minimum Maximum
• This amount must be ≥ to 10% of the total renovation
costs, except that if the property utilities are not operable
as referenced in the construction contract and/or plans
and specifications, then the minimum contingency
reserve amount must ≥ 15% of the total renovation costs.
• No minimum contingency reserve requirement for
mortgages sold with recourse when financing projects of
outdoor structures for leisure or recreation.
• This amount must be ≤ 20% of the total renovation costs.
Unused Funds
If the mortgage is current:
• Any funds remaining in the
completion escrow account
(custodial account) for renovation
funds, as applicable, aer the costs
of all renovations have been paid
to the appropriate parties must be
used to reduce the unpaid balance
(UPB) or used for additional
renovations as described under
eligible renovations.
If the transaction is a “no cash-out”
refinance transaction:
• Remaining proceeds may be
disbursed to the borrower,
provided the total amount
disbursed to the borrower at
closing and from the unused funds
does not exceed the maximum
amount allowed under Section
4301.4.
• If the borrower funded the
contingency reserve with his or her
own funds, he or she may receive
those unused funds back.
If the remaining funds are used for
additional renovations, the seller must:
• Document that additional
renovations were paid for from
the completion escrow account
(custodial account) for renovation
funds, as applicable, and verify
the funds are being used to further
improve the Mortgaged Premises.
• Verify the additional renovation
work has been completed by
obtaining a completion report
pursuant to Section 4607.9.
If the mortgage is delinquent:
• Any unused funds (including contingency reserve funds provided by the borrower, if applicable) must be applied in
accordance with the application of payment requirements in the note and security instrument.
• Aer the mortgage is brought current, any remaining unused funds (including contingency reserve funds not provided by
the borrower) may be used to reduce the UPB or used for additional renovations (as noted above).