45.37(5)(a)11.
11. Enter into contracts with persons other than authorized lenders for the servicing of loans made under this section.
45.37(5)(a)12.
12. Loan money from the veterans trust fund to the veterans mortgage loan repayment fund to fund loans under this section.
45.37(5)(b)
(b) At the time of closing, persons receiving loans under this section shall pay an origination fee to the authorized lender participating in the loan, except that the department shall pay, on behalf of a veteran who receives a loan under this section and who has at least a 30 percent service-connected disability rating for purposes of
38 USC 1114 or
1134, the origination fee to the authorized lender. The origination fee charged under this paragraph shall be negotiated between the department and the authorized lender but may not exceed that which the authorized lender would charge other borrowers in the ordinary course of business under the same or similar circumstances.
45.37(6)
(6) Sources of loan funds. Funding for loans authorized under this section may, at the discretion of the building commission, be provided by one or a combination of the following:
45.37(6)(a)
(a) The secretary, with the approval of the governor and subject to the limits of
s. 20.866 (2) (zn), may request that state debt be contracted in accordance with
ch. 18. Debt requested shall meet all of the following additional requirements:
45.37(6)(a)1.
1. State debt may be contracted when it reasonably appears to the building commission that all state obligations so incurred under this paragraph and
s. 20.866 (2) (zo) can be fully paid from moneys received from veterans repayments of loans on mortgages and mortgage notes funded under this paragraph and other available revenues of the veterans mortgage loan repayment fund. In making this determination, the building commission may take into account the effect of its planned future actions to refinance existing state debt, to create reserve funds, and to modify the structure of the total debt outstanding so as to ensure that projected repayments of loans on mortgages and mortgage notes, together with other available moneys, will be sufficient as received to fund debt service payments as due. It is the intent of the legislature that the program authorized under this section be fully self-supporting and that it be administered so that all debt service and all related costs of the program under this section will require no supplemental support from the general fund.
45.37(6)(a)2.
2. The chairperson of the board shall certify that the chairperson does not expect proceeds of state debt issued under this paragraph to be used in a manner that would cause the debt to be arbitrage bonds as defined in the Internal Revenue Code, if that debt is a bond that is exempt from federal taxation.
45.37(6)(b)
(b) Loans made under this section may be purchased by the authority from the veterans housing loan fund under
s. 234.41. All receipts of interest, except amounts retained as servicing fees by the authorized lenders servicing the loans purchased by the authority, and principal on the loans, payments of losses by insurers not used for restoration of the property securing the loans, and any other collections, shall be deposited by the authority into the veterans housing bond redemption fund under
s. 234.43 and shall be disbursed from the fund as provided in
s. 234.43 (2).
45.37(6)(c)
(c) The secretary, with the approval of the governor and subject to the limits of
sub. (10), may request that revenue obligations be contracted in accordance with
subch. II of ch. 18. Revenue obligations requested shall meet all of the following additional requirements:
45.37(6)(c)1.
1. Revenue obligations may be contracted when it reasonably appears to the building commission that all obligations incurred under this paragraph can be fully paid from moneys received from veterans repayments of loans on mortgages and mortgage notes funded under this paragraph.
45.37(6)(c)2.
2. The chairperson of the board shall certify that the board and the department do not expect and shall not use proceeds of revenue obligations issued under this paragraph in a manner that would cause the revenue obligations to be arbitrage bonds as defined in the Internal Revenue Code, where that debt is a bond that is exempt from federal taxation.
45.37(7)
(7) Repayment of mortgage loans. 45.37(7)(a)(a) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under
sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations, and interest earnings accruing, any repayment of moneys borrowed under
s. 45.42 (8) (a), all moneys received under
sub. (5) (a) 6., and any moneys deposited or transferred under
s. 18.04 (6) (b) or
(d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under
sub. (6) (a) or to fund, refund, or acquire public debt as provided in
s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:
45.37(7)(a)1.
1. Transfer to the bond security and redemption fund.
45.37(7)(a)2.
2. Acquisition or redemption of public debt in accordance with resolutions of the building commission.
45.37(7)(a)3.
3. Payment of losses arising from delinquency or default in the repayment of loans funded under
sub. (6) (a), including loss of principal and interest accrued to the point of final disposition of the defaulted loan and the expenses of management and sale of the property taken upon default of loan repayment.
45.37(7)(a)4.
4. Payment of all costs incurred by the department in processing and servicing loans, purchasing servicing rights for loans under this section, and accounting for and administering the program under this section, including a portion of grants made to county veterans service officers under
s. 45.82.
45.37(7)(a)5.
5. Payment of all costs incurred in contracting public debt for the purposes under
s. 18.04 (5) and under
s. 18.04 (2) for the purpose of funding veterans housing loans.
45.37(7)(a)6.
6. Payment of costs of issuance of obligations to fund loans under
sub. (6) (c) if not paid from the proceeds of the obligations.
45.37(7)(a)8.
8. Payment of any other costs of program operation and management authorized under this section.
45.37(7)(a)9.
9. Loan money to the veterans trust fund, upon prior approval of the building commission for each loan, for the purposes under
s. 45.42.
45.37(7)(a)10.
10. Payment of origination fees, on behalf of veterans who have at least a 30 percent service-connected disability rating for purposes of
38 USC 1114 or
1134, to authorized lenders under
sub. (5) (b).
45.37(7)(a)12.
12. Payment of obligations arising from the acquisition of a headquarters and museum building for the department under
s. 45.03 (5) (b).
45.37(7)(b)
(b) The board may amend the system of accounts established under
par. (a) only by resolution of the board that is approved by the building commission.
45.37(7)(c)
(c) If revenues of the veterans mortgage loan repayment fund are insufficient to meet all current expenses, the secretary of administration shall establish a repayment schedule whereby the general fund will be reimbursed in an orderly manner for moneys advanced. Interest rates to be charged on loans subsequently issued shall be adjusted to provide sufficient revenues to meet all of this repayment schedule.
45.37(7)(d)
(d) After meeting all expenses and providing for reserves under
par. (a) 3., assets in the veterans mortgage loan repayment fund, upon prior approval of the building commission, may be transferred to the veterans trust fund and used to fund loans under
s. 45.42.
45.37(8)
(8) Use of surpluses. Surpluses may be used under
sub. (11) (c) only if there are no unrestricted fund balances available for that purpose in the funds created under
sub. (10).
Section 20.001 (3) (e) shall not be construed to prohibit this action.