1. Program Offices
  2. General Counsel
  3. Healthcare Facility Documents - Frequently Asked Questions
  4. Agreement and Certification
Frequently Asked Questions About Healthcare Facility Documents
Agreement and Certification
 
1.   Unlike the Agreement and Certification for multifamily housing (HUD-93305M), the ORCF version does not include HUD as a party to the agreement.  Can you please confirm that this is correct; outside counsel insists on having HUD sign the document.
 
2.  For 223(f)s and (a)(7)s, the Agreement and Certification states that only certain paragraphs are applicable.  Should (or may) the inapplicable paragraphs be stricken?  (9/4/14)
 
 
1.  Unlike the Agreement and Certification for multifamily housing (HUD-93305M), the ORCF version does not include HUD as a party to the agreement.  Can you please confirm that this is correct; outside counsel insists on having HUD sign the document.

No, the ORCF form is not set up for HUD signature, so HUD should not sign the Agreement and Certification for ORCF transactions.

2.  For 223(f)s and (a)(7)s, the Agreement and Certification states that only certain paragraphs are applicable.  Should (or may) the inapplicable paragraphs be stricken? (9/4/14)  

 There is no need to strike inapplicable paragraphs, and we discourage lender's counsel from doing so.  However, if the form is submitted with inapplicable paragraphs stricken, HUD counsel need not return the form for correction (so long as the proper paragraphs are stricken).