FHA Keeps Promise. Continues to Crack Down on Lenders
On
January 20, the Federal Housing Administration (FHA) announced that its plan to
shore up the agency's capital reserves included stepped up enforcement of its
rules and increased supervision of its lenders. Yesterday it released details
of the first crackdown. Four mortgage lenders were notified that they were
immediately and permanently removed from obtaining FHA approval for loans.
Three others were also penalized.
The four mortgage lenders who were permanently stripped of their FHA approval by
its Mortgage Review Board (MRB) are Strategic Mortgage Corporation (Strategic),
ProMortgage Inc., Americare Investment Group, doing business as Premier Capital
Lending, and Premium Capital Funding, LLC, doing business as TopDot Mortgage. A fifth firm, The Home Mortgage Inc. (HMI) was suspended until a
related court issue is settled.
In announcing the actions,
FHA Commissioner David Stevens said, "FHA takes its oversight role very
seriously and will move swiftly and decisively to protect borrowers from
unscrupulous lenders. Any lender who
refuses to comply with FHA requirements will simply no longer enjoy the
privilege of participating in FHA programs."
The MBR charged that Strategic
had failed to comply with employment requirements, charged borrowers
impermissible or excessive fees and failed to disclose all fees in Good Faith
Estimates. The company allegedly also submitted a false certification to HUD in
connection with an FHA mortgage. In
addition to the permanent suspension, MRB is seeking civil penalties in the
amount of $71,000.
The MBR leveled charges of
seven infractions against ProMortgage including that it failed to adopt and
maintain a Quality Control Plan and to perform Quality Control reviews of loans
that defaulted within six months of inception.
MBA also said the company made false certifications on the HUD VA
Addendum to the Uniform Residential Loan Application, and allowed borrowers to
provide verification of employment to the lender rather than requiring that the
form come directly from the employer. The Board is seeking monetary penalties
in the amount of $124,000.
MBR said that Americare
breached the terms of a settlement reached last October under which it had agreed
to make monthly payments toward paying $124,000 in penalties. Americare had also been placed on probation for
six months as part of that agreement. MBA said that Americare had failed to
make any payments since that time.
The MRB stripped TopDot of their FHA approval after "numerous and egregious violations" of FHA requirements, including failure to document borrowers’ income, evaluate borrowers’ creditworthiness, and approving loans with grossly excessive debt-to-income ratios without compensating factors to justify approval.
“This lender demonstrated a pattern of utter disregard for how we do business
and its behavior not only put the FHA insurance fund at risk, but placed their
own customers at greater risk of foreclosure,” said FHA Commissioner David
Stevens.“FHA approval is a privilege that we entrust to the most responsible
lenders. If any lender violates that trust, the MRB will take action to protect
borrowers, the FHA insurance fund and FHA programs.
Two other lenders, Action
Mortgage Corporation of Cranston, Rhode Island and Cooper and Shein, LLC doing
business as Great Oak Lending Partners of Timonium, Maryland were also
sanctioned. Both firms were placed on
probation for six months and fined; Action in the amount of $7,000 and Great
Oak $11,000. Both firms were penalized
for what the MRB called their misleading advertising practices.
The temporary HMI
suspension will apply for a minimum of six months or until a federal court
rules in federal bank fraud case involving its CEO. The officer, who is also a
part owner of the company, has pled guilty for his role in a scheme to obtain
money for 450 fictitious residential mortgage loans. HMI failed to notify HUD
of the bank fraud indictment as required and has also failed to comply with
FHA's annual recertification requirements.
The six lenders have 30
days to appeal the MRB ruling by filing a written request for a hearing before
an Administrative Law Judge, but filing such an appeal will not delay the
suspensions and probations or FHA's pursuit of the monetary penalties.
Americare was the only one of the six companies sanctioned on Monday which
was also included in the list of 15 lenders subpoenaed by FHA on January 12. At
that time FHA announced it was seeking data and documents as part of an investigation of
what it termed a high rate of defaults on insured loans and a significant
number of claims filed against the FHA mortgage fund as a result of those
defaults.