[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11149-11151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4328]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5615-N-01]


Mortgagee Review Board: Administrative Actions

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, Department of Housing and Urban Development (HUD).

ACTION: Notice.

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SUMMARY: In compliance with Section 202(c)(5) of the National Housing 
Act, this notice advises of the cause and description of administrative 
actions taken by HUD's Mortgagee Review Board against HUD-approved 
mortgagees.

FOR FURTHER INFORMATION CONTACT: Nancy A. Murray, Secretary to the 
Mortgagee Review Board, 451 Seventh Street SW., Room B-133/3150, 
Washington, DC 20410-8000; telephone 202-708-2224 (this is not a toll-
free number). Persons with hearing or speech impairments may access 
this number through TTY by calling the toll-free Federal Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: Section 202(c)(5) of the National Housing 
Act (12 U.S.C. 1708(c)(5)), requires that HUD ``publish in the Federal 
Register a description of and the cause for administrative action 
against a [HUD-approved] mortgagee'' by the Department's Mortgagee 
Review Board (``Board''). In compliance with the requirements of 
Section 202(c)(5), this notice advises of actions that have been taken 
by the Board from February 14, 2011, to July 20, 2011.

I. Settlement Agreements, Civil Money Penalties, Withdrawals of FHA 
Approval, Suspensions, Probations, Reprimands, and Administrative 
Payments

1. Action Mortgage Corporation, Cranston, RI [Docket No. 10-1855-MR]

    Action: On June 15, 2011, the Board issued a Notice of 
Administrative Action permanently withdrawing the FHA approval of 
Action Mortgage Corporation (``AMC'').
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: AMC entered into an agreement 
with HUD on August 5, 2010, to resolve violations of HUD/FHA 
requirements regarding its use of the official HUD seal on its Web 
site. AMC agreed to pay a civil monetary penalty. AMC failed to remit 
the entire amount owed to HUD pursuant to the settlement agreement.

2. Allen Mortgage LC, Centennial Park, AZ [Docket No. 11-1152-MR]

    Action: On September 14, 2011, the Board entered into a Settlement 
Agreement with Allen Mortgage, LC (``Allen'') that required Allen to 
pay a civil money penalty in the amount of $12,500, without admitting 
fault or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: Allen failed to notify the 
Department that Allen, its principals, and its originators had entered 
into a consent order with the state of Washington that required the 
payment of an $11,000 fine for originating mortgages in the state 
without originator licenses; failed to notify the Department that it 
entered into a consent order with the state of Arkansas, which required 
the payment of a $1,500 penalty for failing to file its annual report; 
and falsely certified on its 2010 Yearly Verification Report that it 
had not been involved in a state proceeding that resulted in adverse 
action and had not relinquished a license in any jurisdiction in which 
it originates or services FHA-insured mortgages.

3. AmericaHomeKey, Inc., Dallas, TX [Docket No. 11-1156-MR]

    Action: On June 15, 2011, the Board entered into a Settlement 
Agreement with AmericaHomeKey, Inc. (``AHK'')

[[Page 11150]]

 that required AHK to pay a civil money penalty in the amount of 
$138,900, without admitting fault or liability.
    Cause: The Board took this action based on the following violation 
of HUD/FHA requirements alleged by HUD: AHK failed to timely remit 
upfront mortgage insurance premiums to HUD/FHA.

4. Branch Bank and Trust Company, Wilson, NC [Docket No. 10-2000-MR]

    Action: On June 10, 2011, the Board entered into a Settlement 
Agreement with Branch Bank and Trust Company (``BB&T'') that required 
BB&T to pay a civil money penalty in the amount of $215,000, without 
admitting fault or liability, and to remit outstanding MIPs and late 
fees owed by BB&T and/or its subsidiary, Liberty Mortgage Corporation.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: BB&T and its subsidiary, 
Liberty Mortgage Corp., failed to timely remit mortgage insurance 
premiums to HUD/FHA, and failed to notify HUD/FHA within 15 days of the 
termination of contracts of mortgage insurance.

5. Cornerstone Mortgage Company, Houston, TX [Docket No. 10-1995-MR]

    Action: On March 1, 2011, the Board entered into a Settlement 
Agreement with Cornerstone Mortgage Company (``Cornerstone'') that 
required Cornerstone to pay a civil money penalty in the amount of 
$7,500, without admitting fault or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: Cornerstone failed to timely 
remit mortgage insurance premiums to HUD.

6. First American Mortgage Trust, Brookline, MA [Docket No. 10-1960-MR]

    Action: On April 7, 2011, the Board entered into a Settlement 
Agreement with First American Mortgage Trust (``FAMT'') that required 
FAMT to indemnify the Department for losses on five loans; refund 
$9,368.38 in impermissible fees charged to borrowers; and pay a civil 
money penalty in the amount of $72,500, without admitting fault or 
liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: FAMT failed to implement an 
adequate Quality Control (``QC'') Plan during the years 2006, 2007, 
2008 and 2009; failed to report to the Department serious deficiencies 
and patterns of noncompliance in twenty loans that FAMT discovered 
during QC reviews; approved loans that did not meet FHA's minimum 
credit requirements; approved a loan with a total fixed payment-to-
income ratio that exceeded FHA benchmarks without significant 
compensating factors and without documentation sufficient to support 
those factors; failed to properly calculate the income used to qualify 
the borrowers in two loans; failed to ensure that parties were not 
charged fees that were excessive or unreasonable for the services 
provided; and failed to provide adequate documentation to support the 
excessive interest rate and discount points charged to borrowers.

7. First Guaranty Mortgage Corporation, McLean, VA [Docket No. 10-2019-
MR]

    Action: On April 14, 2011, the Board entered into a Settlement 
Agreement with First Guaranty Mortgage Corporation (``FGMC'') that 
required FGMC to indemnify the Department for its existing and future 
losses on twenty-one loans, including losses totaling $91,008.12; 
refund $17,702.25 in improper fees charged to borrowers; and pay a 
civil money penalty in the amount of $127,500, without admitting fault 
or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: FGMC approved 30 FHA-insured 
mortgage loans for borrowers who did not meet HUD/FHA's minimum credit 
requirements; approved four loans with debt-to-income ratios that 
exceed HUD's benchmarks without documentation of significant 
compensating factors; failed to adequately document the source of gift 
funds used to close a loan; failed to ensure that a credit 
qualification on a streamline refinance loan transaction was completed 
as required; permitted loan correspondents to be improperly compensated 
with mortgage broker fees; failed to ensure that commitment fees were 
properly charged in accordance with HUD requirements; and failed to 
conduct pre-insurance reviews or ensure the accuracy of data submitted 
to HUD through FHA Connection, as required by HUD's Lender Insurance 
Program.

8. Gateway Funding Diversified Mortgage Services, LP, Horsham, PA 
[Docket No. 11-1150-MR]

    Action: On June 15, 2011, the Board entered into a Settlement 
Agreement with Gateway Funding Diversified Mortgage Services, LP 
(``GFDMS'') that required GFDMS to pay a civil money penalty in the 
amount of $16,950, without admitting fault or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: GFDMS failed to timely remit 
upfront mortgage insurance premiums to HUD.

9. James B. Nutter & Company, Kansas City, MO [Docket No. 11-1158-MR]

    Action: On June 23, 2011, the Board entered into a Settlement 
Agreement with James B. Nutter & Company (``JBN'') that required JBN to 
pay a civil money penalty in the amount of $19,000, without admitting 
fault or liability.
    Cause: The Board took this action based on the following violation 
of HUD/FHA requirements alleged by HUD: JBN failed to timely remit 
upfront mortgage insurance premiums to HUD.

10. MCS Mortgage Bankers, Inc., Patchogue, New York [Docket No. 11-
1154-MR]

    Action: On July 20, 2011, the Board entered into a Settlement 
Agreement with MCS Mortgage Bankers, Inc. (``MCS'') that required MCS 
to pay a civil money penalty in the amount of $23,500 and indemnify 
HUD/FHA for any losses incurred on three HUD/FHA-insured loans, without 
admitting fault or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: MCS disseminated a 
misrepresentative advertisement to the public; failed to properly 
analyze borrowers' credit in connection with two HUD/FHA-insured 
mortgage loans; failed to resolve inconsistencies and/or discrepancies 
when originating and/or underwriting a HUD/FHA-insured mortgage loan; 
failed to ensure compliance with HUD's 203(k) program by failing to 
demonstrate that the completed construction would meet FHA's minimum 
property standards and/or comply with the local building code; 
originated a HUD/FHA 203(k) mortgage on an ineligible property; 
accepted and closed loans that were originated by individuals who were 
not exclusively employed by MCS; and failed to properly verify rental 
income by obtaining the required tax documentation.

11. Peoples Home Equity Inc., Brentwood, TN [Docket No. 10-2016-MR]

    Action: On March 25, 2011, the Board entered into a Settlement 
Agreement with Peoples Home Equity Inc. (``Peoples Home'') that 
required Peoples Home to buy down the principal balance of a loan in 
the amount of

[[Page 11151]]

$2,868; indemnify the Department on this loan for a period of five 
years; and pay a civil money penalty in the amount of $7,500, without 
admitting fault or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: Peoples Home failed to comply 
with HUD/FHA's rules prohibiting property flipping; failed to ensure 
that the borrowers made the required minimum investment in the 
property; originated a loan that exceeded the maximum insured mortgage 
amount; and charged an impermissible tax service fee.

12. PHH Mortgage Corporation, Mount Laurel, NJ [Docket No. 10-1997-MR]

    Action: On April 14, 2011, the Board entered into a Settlement 
Agreement with PHH Mortgage Corp. (``PHH'') that required PHH to pay a 
civil money penalty in the amount of $256,000, without admitting fault 
or liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: PHH failed to timely remit 
mortgage insurance premiums to HUD/FHA, and failed to notify HUD/FHA 
within 15 calendar days of the termination of mortgage insurance 
contracts.

13. Priority Bank, Ozark, AR [Docket No. 10-1795-MR]

    Action: On February 14, 2011, the Board entered into a Settlement 
Agreement with Priority Bank that required Priority Bank to pay a civil 
money penalty in the amount of $50,000, without admitting fault or 
liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: Priority Bank failed to 
maintain and implement a Quality Control Plan in accordance with HUD/
FHA's requirements, and paid compensation in the form of commissions to 
an employee performing underwriting activities.

14. ResMac, Inc., Sunrise, FL [Docket No. 11-1126-MR]

    Action: On April 15, 2011, the Board entered into a Settlement 
Agreement with ResMac, Inc. (``ResMac'') that required ResMac to pay a 
civil money penalty in the amount of $50,000, without admitting fault 
or liability. In addition, ResMac was required to submit to HUD 
restated financial statements for fiscal year ended December 31, 2009, 
in which ResMac reclassified the net book value of all intangible 
assets.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: ResMac misrepresented the 
identity of its president on its January 2, 2009, application for FHA 
approval; failed to timely notify HUD of a state regulatory sanction 
imposed upon its president; and failed to submit an acceptable 
Independent Public Accountant's Computation of Adjusted Net Worth for 
the end of fiscal year 2009.

15. Universal Lending Corporation, Denver, CO [Docket No. 10-2003-MR]

    Action: On April 14, 2011, the Board entered into a Settlement 
Agreement with Universal Lending Corporation (``Universal'') that 
required Universal to: indemnify HUD for any future losses on six FHA-
insured mortgage loans; reimburse HUD for losses in the amount of 
$496,727.53 for mortgage insurance claims paid by HUD; and pay a civil 
money penalty in the amount of $45,500, without admitting fault or 
liability.
    Cause: The Board took this action based on the following violations 
of HUD/FHA requirements alleged by HUD: Universal improperly entered 
incorrect information as ``cash reserves'' into HUD's automated 
underwriting system in order to receive approvals for seven loans; 
failed to adequately document the stability of borrowers' employment or 
income and failed to adequately document other income used to qualify 
borrowers; failed to consider mortgage payment debt and liabilities 
when underwriting and approving FHA-insured loans; failed to adequately 
document the source of gift funds for one loan; and failed to obtain 
confirmation concerning cash saved at home with regard to two other 
loans.

II. Lenders That Failed To Timely Meet Requirements for Annual 
Recertification of HUD/FHA Approval and Have Cured

    Action: The Board entered into settlement agreements with each of 
the lenders listed below requiring each of the lenders to pay $3,500 in 
civil money penalties, without admitting fault or liability.
    Cause: The Board took this action because the lenders failed to 
timely comply with HUD's annual recertification requirements, but 
subsequently came into compliance.
    1. American Homestar Mortgage, LLC, League City, TX [Docket No. 11-
1196-MR]
    2. Merrill Lynch Mortgage Lending, Inc., New York, NY [Docket No. 
11-1138-MRT]
    3. Southpoint Financial Services, Inc., Alpharetta, GA [Docket No. 
11-1197-MR]
    4. United Bank, Charleston, WV [Docket No. 11-1141-MRT]
    5. Wendover Financial Services Corporation, Chesterbrook, PA 
[Docket No. 11-1198-MR]
    6. World Alliance Financial Corp., Melville, NY [Docket No. 11-
1143-MRT]

    Dated: February 16, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing, Federal Housing Commissioner.
[FR Doc. 2012-4328 Filed 2-23-12; 8:45 am]
BILLING CODE 4210-67-P