POLICY AND PROCEDURE

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HO-CHUNK NATION

POLICY AND PROCEDURE

Title: Down Payment Assistance (DPA) Policy

Subject: DPA Policy and Procedure

Scope: Ho-Chunk Department of Housing Staff

Effective Date: 05/17/2017

Revision Date: 07/21/2025

Issuing Authority: Kaleena Emery

Issuing Authority Signature:

Home Ownership Manager – Department of Housing

Kaleena Emery

Approval Authority: Denise Wright

Approval Authority Signature:

Executive Director – Department of Housing

Denise Wright

Legislative Authority: Ho-Chunk Nation (HCN)

Policy Number:

Employment Relations Act (ERA) 6 HCC § 5 Ch. 1. 4. (b)

Each department, division, or unit of the Nation, with the

prior approval and consultation of the Executive Director

of the Department of Personnel, may develop, implement,

and revise as necessary internal procedures, operating rules

and policies pertaining to the unique operational

requirements of the work unit for efficient and effective

performance. Advance notice of internal unit procedures

and rules shall be provided to employees and must be

posted in public places to serve as notice to all employees.

DOH-HOP-07-01-24-006

1.0 Policy Statement:

1.1 This policy will establish a process for assisting enrolled Ho-Chunk Nation (HCN)

Members with financing towards their mortgage from an outside lender by:

1.1.1 Determining eligibility and selection criteria for applicants seeking Down

Payment Assistance (DPA).

1.1.2 Establishing policy and procedures for the Department of Housing DPA

Program.

1.2 This is an Once in a Lifetime benefit. If a grant is approved and utilized, the

applicant’s name will be withdrawn from the waitlists for all other Once in a Lifetime

benefit programs.

1.2.2 Applicant selection

1.2.3 Tribal Members who have utilized any DOH Homeownership Once in a

Lifetime Benefit, may apply, however, their application will be reviewed for

eligibility determination.

1.2.4 Once in a Lifetime Benefit includes: HOP Homes, Elder Homes, Veteran

Homes, Down Payment Assistance, and Existing Mortgage Assistance.

1.2.5 Tribal Members may not utilize a HOP benefit and RMD benefit at the same

time.

1.3

Recipients or heirs of the HOP, VHOP, DPA, or EMA will not be eligible to use

the Down Payment Assistance Program due to the utilization of the Once in a

Lifetime Benefit.

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1.4

1.5

Prior recipients of the DPA grant are not eligible to have their grant amended to the

$50,000.00.

All Department of Housing Policies are subject to Manager Discretion.

2.0 Policy Purpose:

2.1 The purpose of this policy is to assist enrolled HCN Members by providing a grant of

up to $50,000.00 to use for down payment and/or closing costs associated with a

mortgage for new home construction or existing home purchase. HCN members must

secure financial resources to cover the remaining cost of the home purchase.

2.2 This Policy will ensure the Nation’s resources are used in a reasonable and prudent

manner.

3.0 Rationale and Background:

3.1 The DPA Program was initiated to increase the number of potential HCN

homeowners able to be assisted through the Home Ownership Division and to

support successful homeownership experiences for Tribal Members.

4.0 Policy:

4.1 This is a Once in a Lifetime benefit. If a grant is approved and utilized, the

applicant’s name will be withdrawn from the waitlists for all other Once in a

Lifetime Benefit programs including HCN Rental Housing.

4.2 The DPA Program provides a maximum grant of $50,000.00 to eligible HCN

members.

4.3 Applicant’s request for assistance will not be reviewed until all required documents

have been received, which is the applicant’s responsibility.

5.0 Eligibility

5.1 Must be an enrolled Ho-Chunk Nation member and provide proof of Enrollment, 18

years of age or older, and legally competent. Veterans and Elders will be given

priority.

5.2 Applicant must have no outstanding delinquencies or debts in bad standing with the

Ho-Chunk Nation.

5.3 Applicants must submit a completed DPA Application with the following

documentation:

5.3.1 A photo copy of your Ho-Chunk Nation issued Tribal I.D.

5.3.2 DD214 if applicable.

5.3.3 Signed Authorization for Release of Information (included with this

application).

5.3.4 Signed and notarized stipulation agreement.

5.3.5 Pre-Approval letter from the financial institution (bank, Mortgage Company,

or Credit Union) that you are working with for financing, or a copy of your

current credit report if not yet home ownership ready.

5.3.6 Complete an approved Home Buyer Education class and submit a copy of

their Home Buyers Education Class Certificate. Classes can be taken

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through the Ho-Chunk Nation or a Financial Institution and are typically

valid for one year.

5.3.7 Complete an approved Financial or Credit education program.

5.4 Once selected as a recipient, and prior to closing, complete an approved Post

Purchase Home Buyer Education class and provide a copy of the certificate of

completion. Applicant is ineligible if they or their spouse previously received or

inherited a Once in a Lifetime Benefit.

6.0 Grant Terms:

6.1 The grant is to be used for down payment and closing cost associated with the

mortgage for a new construction or existing home purchase. DPA cannot be utilized

for the down payment of a manufactured home.

6.2 Applicant must agree to place Ho-Chunk Nation as second lien holder for a period of

five (5) years from date of closing.

6.2.1 Applicant must agree to reside in the home as primary residence for a period

five (5) years. If applicant resides in the home less than five (5) years the repayment of the grant will be prorated based onthe amount of time left on the

grant. Each year the applicant resides in the home, $10,000 of the grant is

forgiven.

6.2.2 Repayment of DPA will be required if the Applicant defaults on refinances,

otherwise alters, their mortgage, or the lender forecloses on the home. A

signed PERCAP/GW form must be completed.

6.3 Applicant must sign a stipulation agreement confirming they understand this is a

Once in a Lifetime Benefit and utilization of this program. If a grant is approved and

utilized, the applicant’s name will be withdrawn from the waitlists for the Ho-Chunk

Nation’s Once in a Lifetime Benefits including HCN Rental Housing.

6.4 Applicant is responsible for all costs associated with restructuring their mortgage

debt if the applicant chooses to refinance their loan after the five-year stipulation

period.

6.5 Down Payment Assistance through the Ho-Chunk Housing and Community

Development Agency or other agencies may be used in combination with the Down

Payment Assistance offered by the HCN Department of Housing as long as our lien

position is not changed.

6.6 There will not be any reimbursement or distribution of funds if the home closing is

prior to DPA grant approval through the Home Ownership Division.

6.6.1 Applicants who close prior to receiving DPA may apply for Existing

Mortgage Assistance (EMA)

6.7 Down Payment Assistance funds cannot exceed $50,000.00, and must be applied

toward down payment of the construction loan or the closing costs on the mortgage

loan.

6.8 Funds may be utilized for the down payment, closing costs, and/or purchase of

points to buy down the interest rate.

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7.0 Procedure:

7.1

Applications can be obtained from Ho-ChunkNation.com or by contacting the

Department of Housing.

7.2 Applications received by the Department of Housing will be date stamped on the

application and forwarded to the Home Ownership Division (HOD).

7.2.1 Please see 5.1 above regarding complete applications

7.2.2 Home Ownership Staff will create a file for the applicants. File will be

labeled with applicants first and last name along with their DPA account

number.

7.2.3 Home Ownership Staff will submit to Junior Accountants (JA), Treasury and

HHCDA, a Fiscal Verification form to determine if any funds are still owed

to Department Housing, HCN or HHCDA.The form will added to applicants

file.

7.2.4 If nothing is owed to the Department of Housing or the Ho-Chunk Nation the

application may be forwarded to HOM.

7.2.5 The DPA checklist will be added to the folder.

7.2.6 Home Ownership Staff will provide the HOM with a list of applicants that

have been determined to be eligible for DPA.

7.3 When the HOD receives a complete application a Project Coordinator will add the

applicant to the appropriate waitlist and notify the applicant of the same. The

applicant’s spot on the waitlist will be determined by the date the application is

complete.

7.4 If application is incomplete the applicant will be notified and placed on the

incomplete list until required documentation has been received, at which time they

will be added to the appropriate waitlist.

7.5 The Elder and Veteran applicants will be placed on the Elder/Veteran wait list as

they will receive preference per Legislative Resolution 10-09-18D. Applications

will be processed by date of completed application.

7.6 Non-Elder applicants will be placed on the Non-Elder waiting list.

7.7 Contingent on program funding, Recipients who have complete applications and are

ready to buy or build will be selected from the waitlist in chronological order

according to complete and ready date.

7.8 Selected recipients will be assigned a Project Coordinator to help them navigate their

buy or build.

7.8.1 Applicants who have been selected for funding will have three months

(90 days) to schedule and complete closing with their Financial

Institution.

7.8.1.1 Applicants must notify the Department of Housing of the closing

date and location.

7.8.1.2 Applicants who are unable to schedule a closing within 90 days,

will not have funding reserved for them. Funding will be offered

to the next applicant on the waiting list.

7.8.1.2.1 With written justification, an additional 30 days may be

granted with Home Ownership Manager (HOM)

approval.

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7.8.1.2.2

If applicant cannot meet the timeframe allowed, they

will be offered one one-year deferral, and then moved

to the bottom of the waitlist.

7.9 The Home Ownership Staff will process the complete and ready applications when

funding is available as outlined in 7.6. The number of applications processed in any

given year will be determined by funding.

7.10 Home Ownership Staff will contact selected recipients via phone, email, and

postal mail to assist them with the process of obtaining the funds.

7.10.1 The letter will request applicants to provide an updated pre-approval letter

from their financial institution/lender.

7.10.1.1

A pre-approval letter must be received by the HOD within

30 days of approval letter being sent. If you do not submit a preapproval letter, you will be offered one one-year deferral, and then

moved to the bottom of the waitlist (See section 7.9.2 and 7.9.2.1

below).

7.10.2 If applicant is unable at that time they may postpone their approval, and

Home Ownership Staff will document such in the applicants file and move

the applicant to the bottom of the list.

7.10.2.1

Applicant may postpone their approval one (1) time before

the applicant must re-apply for DPA

7.11 If Recipient chooses to purchase an existing home they must provide the

following documentation to the Home Ownership Staff. Applicants must promptly

provide Project Coordinator with contact information with all relevant parties to the

project.

7.11.1

 Irrevocable Per Cap Agreement or current form authorizing collection from

HCN provided monies when necessary (applicant signature)

 Signed and notarized Down Payment Stipulation (original wet ink copy)

 Clean or cured Inspection Report of House

 Clean or cured Inspection report of Well/Septic System if house has separate

system, and is not connected to city, or county system.

 Clean title report

 Loan estimate, closing statement, appraisal, and clear to close from Lender

 Wire Transfer instructions, W9, and Legal Description from Title Company

on official letterhead

7.11.2 Once applicant has provided required documents to the Home

Ownership staff the Draw voucher can be sent to HOM, Executive

Director of Housing for approval, and then sent to JA for processing.

7.12 If Recipient chooses new construction the following documents must be provided

by the recipient. Applicants must promptly provide Project Coordinator with contact

information with all relevant parties to the project.

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7.13 :

Irrevocable Per Cap Agreement or current form authorizing collection from

HCN provided monies when necessary (applicant signature)

 Signed and notarized Down Payment Stipulation (original wet ink copy)

 Contractor License, Insurance, and Contract, including acceptable terms and

contractor accountability, and Warranty information, including plans,

permits, and inspections

 Loan estimate, closing statement, terms of the loan

 Wire Transfer instructions, W9, and Legal Description from Title Company

on official letterhead

 Location of construction site (Trust land lease/Fee simple)

7.13.1 Once applicant has provided required documents to the Home

Ownership Project Coordinator the Draw voucher can be sent to HOM,

Executive Director of Housing for approval, and then sent to JA for

processing.

7.14 Lien documents will be prepared and sent for recording at closing according to

the requirements of the municipalities and/or Title Company.

7.15 Once the file has been closed, and funds have been released the file will be sent to

Records for scanning and storage per Department of Housing Records Transfer

Policy.

8.0 Definitions:

8.1

Closing Cost: Various fees and expenses payable by the buyer at the time of

closing.

8.2

Down Payment: The amount one pays for property in addition to the debt

incurred.

8.3

Existing Purchase: Purchase of an existing house on the real estate market.

8.4

FEMA: Federal Emergency Management Agency is a National Flood Insurance

Program.

8.5

Grant Stipulation Letter: Letter outlining the stipulations of the grant award.

8.6

Manufactured Home: Portable homes completely constructed in a factory; built

on nonremovable steel frame and transported.

8.7

Modular Home: Homes built in a production facility and are governed by local

and state building codes. (Eligible for this program).

8.8

Mortgage: A legal document in the form of a not that pledges a property to the

lender as security for payment of a debt.

8.9

New Construction: Building a new house on a property.

8.10 One Time Benefit: An individual shall only be eligible to utilize this benefit once

in a lifetime.

8.11 Principal: The amount owed on a debt that has been partially amortized/reduced.

8.12 Rental: A property that an individual does not own and leases from owner.

8.13 Vacant Land: A property that does not have water or septic.

8.14 Zoned: An area for specific use, subject to certain restrictions or conditions.

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9.0 References:

6.1 Ho-Chunk Nation Employment Relations Act amended July 23, 2019

http://ntob-sharepoint:2000/gov/Personnel/Shared%20Documents/Forms/AllItems.aspx

10.0 Policy History:

(05-17-17) DOH-HOP-5-17-17-001 Approved by the Executive Director of Personnel

(07-01-18) DOH-HOP-5-17-17-002 Approved by the Executive Director of Personnel

(05-17-20) DOH-HOP-5-17-17-003 Approved by the Executive Director of Personnel

(02-20-22) DOH-HOP-05-17-22-005 Approved by the Executive Director of Personnel

(07-01-24) DOH-HOP-07-01-24-006 Approved by the Executive Director of Housing

(04-01-25) DOH-HOP-07-01-24-007 Revised and Approved by the Executive Director of

Housing

(06-25-25) DOH-HOP-07-01-25-008 Revised and Approved by the Executive Director of

Housing

(07-21-25) DOH-HOP-07-21-009 Revised and Approved by the Executive Director of

Housing

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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