I live in beautiful Sonoma County California and we’re one of the first counties in the nation to have a property assessed clean energy program or PACE for short. This program allows homeowners to energy retrofit their homes and finance those upgrades through their property taxes.
Upgrades can range from new dual pane windows to full solar systems. The cost of these upgrades is paid for by adding an assessment to the homeowner’s property taxes for up to 20 years. Residential properties as well as commercial can take advantage of this program; the interest rate is about 7%.
If a homeowner upgraded the windows, heater, and insulation in their home and it cost $30,000, if they chose to pay it over 20 years it would add $2791.08 per year to their property tax bill or $232.59 a month.
This added assessment is like any other school bond etc. and when the homeowner sells their property the assessment is passed on to the new owner until paid off.
This program is truly is a brilliant idea and is a win win for everyone. Homeowners are able to make their home more energy efficient, they get to write off the cost of the improvements on their taxes, and it has created a lot of good paying local jobs. I’ve seen more solar and energy retrofit companies started in the past year and a half than I have the last 10.
On a personal note my parents were one of the first to use this program and replaced all their single pane 1970 windows to new dual pane energy efficient ones. They’re saving over $200 a month on their PG&E bill.
Every day we hear or read about becoming a more energy efficient nation and we’re all encouraged to conserve as much as possible. So you would think a Government entity would support this program.
Of course NOT! What was I thinking?
On July 6th 2010 the Federal Housing Finance Agency released this memo:
http://www.fhfa.gov/webfiles/15884/PACESTMT7610.pdf
The person who wrote this seems to believe this program somehow interferes with the lien position on mortgages. In the memo it states:
“First liens established by PACE loans are unlike routine tax assessments and pose unusual and difficult risk management challenges for lenders, servicers and mortgage securities investors. The size and duration of PACE loans exceed typical local tax programs and do not have the traditional community benefits associated with taxing initiatives.”
The PACE program is set up just like a routine tax assessment. As always property taxes are going to take precedence over any other type of lien and this doesn’t change that fact. It is exactly like a school bond, mosquito abatement, or water district assessment that’s added to your property taxes.
With the mass of foreclosures and property taxes many times not being paid, the PACE assessment would add a small cost to the monthly taxes the banks would be responsible for. In the above scenario if the previous owner did $30k in work, then $232.59 would be added monthly to the normal tax bill. Again if a school bond passed and it added $200 a month to the property tax bill, tell me how this is any different? This is not a valid reason to kill this program.
The part stating the program doesn’t have any traditional community benefits is confusing too. So what the person is saying is that saving money, making our homes more energy efficient, and providing local high paying clean jobs doesn’t help our community?
It gets better though. Fannie and Freddie have been directed to:
-Adjust loan-to-value ratios to reflect the maximum permissible PACE loan amount available to borrowers in PACE jurisdictions
-Tighten borrower debt-to-income ratios to account for additional obligations associated with possible future PACE loans
According to this any homeowner in a PACE county would have their loan to values reduced by say 20% because they could possibly get a $100k PACE “loan” even though they’re buying a home that’s already been fully upgraded and have no use for it. Makes perfect sense if you’re working for the Government right?! Hummmm…
The next one is even better. Tighten debt to income ratios for a borrower because they POSSIBLY could get a PACE “loan”. What’s next add a $500 monthly payment to a borrowers debt to income ratio because they have an 800 FICO and could POSSIBLY take out a credit card for $50k? How would they determine the debt to add to each borrower? This one alone is a logistics nightmare.
The PACE program is very simple and easy to understand if one takes 5 minutes to read the details. After reading this memo I’m under the impression the person or persons responsible for it failed in their duties to educate themselves before making such a rash decision.
This is a great program designed to help our old housing stock become more energy efficient and to create clean high paying jobs. What is wrong with that? Is it too good for us?
As a Mortgage Banker in Petaluma, California I have spoken to several people who tried to refinance their current loan and were unable to because the bank required them to pay off the PACE assessment and treated it as though it was a normal loan. It has also come up during a home sale where the seller had to pay the assessment off in order for the buyer to obtain a purchase money loan.
I have yet to see any investor memos implementing the new directives and I hope I don’t.
Supposedly the local Politicians covering Sonoma County are working with the powers that be to fix this issue but if a resolution is not met this program and all it’s benefits would be wiped out.

Michael G Regan (NMLS #275695) is a Mortgage Banker and FHA Specialist in Petaluma California. He specializes in Marin, Sonoma, and Napa counties. You can reach him at 415-672-2499 or online at www.TheReganTeam.com
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