West Virginia Code § 31-18B-6

Interest rate charged by housing development fund; other charges;
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points .
(a) The interest charged for mortgage loans obtained according to the provisions of section
three of this article shall not exceed the monthly index of long-term United States
government bond yields for the calendar month preceding the date the commitment for such
loan is made: Provided, That in no event shall the interest rate be more thane twelve percent
per annum, nor less than ten percent per annum. For the purposes of this section, the
monthly index of long-term United States government bond yields meanrs the monthly
unweighted average of the daily unweighted average of the closing bid yield quotations in
the over-the-counter market for all outstanding United States treasury bond issues which
mature twenty years or more from the date the index is calculated, but shall not include such
bonds as are redeemable at par for payment of federal estatte taxes.
(b) The Housing Development Fund may charge such points to the seller of the real estate
covered by the first mortgage deed or deed of trust as are necessary to offset costs of
making the loan, including, but not limited to, the costs of processing the loan application
and the costs of interest charges incurred betsween the commitment date of the loan and the
date the property is actually purchased: Provided, That such points charged shall not exceed
two points and shall be charged to the seller: Provided, however , That the real estate broker
shall, from his or her commission, pgay an amount equal to one point. The seller shall furnish
to the fund satisfactory proof that he or she has not within the two years preceding the
contract of the sale offered thee house to the buyer for less than the sale price provided in the
contract or sale between them. The proceeds from such points paid by the seller and broker
to the Housing DevelopmLent Fund, less actual Housing Development Fund expenses up to
one half of one point, and less an amount equal to the first year cost for mortgage insurance
required by section t hree of this article, shall be transmitted to the state Board of
Investments as provided in section ten of this article.

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