ARTICLE
1 August 2019

Senior Living: HUD 232 Program As An Alternative To Traditional Bond Financing

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Senior living providers long have considered the bond market to be a primary vehicle for financing. However, not all transactions are a good fit for tax-exempt bonds. State law issuer considerations
United States Finance and Banking
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Senior living providers long have considered the bond market to be a primary vehicle for financing. However, not all transactions are a good fit for tax-exempt bonds. State law issuer considerations, transaction and borrower size, and equity contribution requirements are a few factors that may make a public bond issue unfeasible.

The U.S. Department of Housing and Urban Development (HUD)/Federal Housing Administration’s (FHA) Section 232 program (used for skilled nursing and assisted living facilities) may provide a more user friendly alternative.

What is a Section 232 Loan?

HUD/FHA provides mortgage insurance on loans that cover residential care facilities. Known as Section 232 loans, these loans help finance nursing homes, assisted living facilities, and board and care facilities. FHA mortgage insurance provides lenders with protection against losses as the result of borrowers defaulting on their mortgage loans. Proposed projects are evaluated on the basis of whether the proposal is an acceptable insurance risk for the FHA Insurance Fund. It is not a competitive process.

An Alternative to Bond Financing

Section 232 may be used to finance the purchase, refinance, new construction, or substantial rehabilitation of a project. A combination of these uses is acceptable - e.g. refinance of a nursing home coupled with new construction of an assisted living facility.

The Section 232 program has various parameters and limits that will apply to borrowers—namely, limits on the amount of loan amounts (which will vary depending on whether the borrower is a for-profit or not-for-profit entity); loan term; and prepayment options.

As borrowers consider financing and refinancing senior living facilities, the Section 232 program may provide a reasonable alternative to traditional bond financing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
1 August 2019

Senior Living: HUD 232 Program As An Alternative To Traditional Bond Financing

United States Finance and Banking
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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