[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7063-7065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2772]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner
[Docket No. N-95-3878; FR-3861-N-01]


Mortgagee Review Board Administrative Actions

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Notice.

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

FOR FURTHER INFORMATION CONTACT: William Heyman, Director, Office of 
Lender Activities and Land Sales Registration, 451 Seventh Street, 
S.W., Washington, D.C. 20410, telephone (202) 708-1515. The 
Telecommunication Device for the Deaf (TDD) number is (202) 708-4594. 
(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: Section 202(c)(5) of the National Housing 
Act (added by Section 142 of the Department of Housing and Urban 
Development Reform Act of 1989 (Pub.L. 101-235), approved December 15, 
1989) 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. In compliance 
with the requirements of Section 202(c)(5), notice is hereby given of 
administrative actions that have been taken by the Mortgagee Review 
Board from July 1, 1994 through December 31, 1994.
1. Barton Funding Company, Inc.; Long Beach, CA
    Action: Withdrawal of HUD-FHA mortgagee approval and proposed civil 
money penalty in the amount of $100,000.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
requirements that included: failure to remit to HUD-FHA over 100 One-
Time Mortgage Insurance Premiums (OTMIPs) collected from mortgagors and 
totalling over $223,000; failure to timely submit 129 loans for HUD-FHA 
mortgage insurance endorsement; failure to maintain an adequate Quality 
Control Plan; failure to comply with HUD-FHA reporting requirements 
under the Home Mortgage Disclosure Act (HMDA); and failure to maintain 
copies of HUD-1 Settlement Statements. [[Page 7064]] 
2. Mortgage Systems, Inc., Las Vegas, NV
    Action: Proposed Settlement Agreement to be concluded within 60 
days that includes payment of a civil money penalty in the amount of 
$15,000; indemnification to the Department for any claim losses on 
eight improperly originated loans; corrective action to assure 
compliance with HUD-FHA requirements; and transfer of the company to 
new ownership: if a Settlement Agreement is not concluded within the 
60-day period, the HUD-FHA mortgagee approval shall be withdrawn and a 
civil money penalty in the amount of $75,000 proposed.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
requirements that included: failure to comply with conditions of 
probation previously imposed by the Board; failure to implement an 
adequate Quality Control Plan; failure to timely remit OTMIPs; failure 
to submit closed loans for endorsement within 60 days after loan 
closing; failure to meet annual recertification requirements regarding 
amount of liquid assets; submission of alleged false information; 
failure to document the borrower's source of funds for downpayment and 
closing costs; failure to correctly calculate the borrower's income for 
loan approval; failure to ensure that the borrower made the minimum 
required investment; use of mortgage brokers to originate loans and 
payment of ``kickbacks'' to such brokers; non-compliance with HUD's 
conflict-of-interest prohibited payments provisions; failure to conduct 
face-to-face interviews; and allowing loan correspondents to close 
loans improperly.
3. G&R Financial Group, Plantation, FL
    Action: Withdrawal of HUD-FHA approval.
    Cause: Failure by the president of the company to comply with the 
terms and conditions of a Settlement Agreement with the Department, 
including reimbursement for claim losses of $181,521 incurred in 
connection with improperly originated HUD-FHA insured mortgages.
4. Hallmark Government Mortgage, Inc., Bellevue, WA
    Action: Settlement Agreement that includes corrective action to 
assure compliance with HUD-FHA requirements.
    Cause: HUD monitoring review that disclosed failure to maintain an 
adequate Quality Control Plan for the origination of HUD-FHA insured 
mortgages, and noncompliance with the Department's reporting 
requirements under the Home Mortgage Disclosure Act (HMDA).
5. Washington Capital Associates, Inc., Arlington, VA
    Action: Review by Mortgagee Review Board with conclusion that no 
administrative action is warranted.
    Cause: A HUD Office of Inspector General Audit Report citing 
underwriting deficiencies, and noncompliance with the Department's 
requirements concerning the review of insured multifamily project 
financial statements and monitoring of capital expenditures.
6. Neighborhood Acceptance Corporation, Costa Mesa, CA
    Action: Probation and proposed civil money penalty in the amount of 
$5,000.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
Title I property improvement program requirements that included: 
establishing a minimum loan amount; permitting loan brokers to 
participate in the origination of Title I loans; originating Title I 
loans in locations where the company was not approved by HUD-FHA to do 
Title I business; and approving a loan after improvements had been 
started.
7. Utah Mortgage Loan Corporation, Salt Lake City, UT
    Action: Proposed Settlement Agreement which includes the payment of 
a civil money penalty in the amount of $3,000, indemnification to the 
Department for any claim loss on one improperly originated loan, and 
corrective action to assure compliance with HUD-FHA requirements.
    Cause: A HUD monitoring review that cited violations of HUD-FHA 
requirements that included: failure to comply with the Department's 
reporting requirements under the Home Mortgage Disclosure Act (HMDA); 
failure to maintain an adequate Quality Control Plan; failure to 
maintain a fidelity bond and errors and omissions coverage; and 
improperly originating a HUD-FHA insured mortgage.
8. Home Owners Funding Corporation of America, Dallas, TX
    Action: Proposed Settlement Agreement that includes: payment of a 
civil money penalty in the amount of $l0,000; indemnification to the 
Department for any claim losses in connection with l4 improperly 
originated Title I loans; and corrective action to assure compliance 
with HUD-FHA requirements.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
Title I manufactured home loan program requirements which included: 
failure to report dealers to HUD-FHA for misstatements of facts on 
placement certificates; funding loans knowing that placement 
certificates contained false certifications; failure to determine 
borrowers' source of funds for downpayment; funding loans prior to 
dealer approval; failure to comply with dealer approval requirements; 
failure to comply with requirements for reporting loans for insurance; 
and failure to comply with the Department's reporting requirements 
under the Home Mortgage Disclosure Act (HMDA).
9. Seacoast Equities, Inc., La Mesa, CA
    Action: Settlement Agreement that includes the payment of a civil 
money penalty in the amount of $l,000 and corrective action to assure 
compliance with HUD-FHA Title I program requirements.
    Cause: A HUD monitoring review which disclosed violations of HUD-
FHA requirements that included: failure to comply with the Department's 
reporting requirements under the Home Mortgage Disclosure Act (HMDA); 
using misleading advertisements regarding the Title I program; and 
requiring a minimum loan amount.
10. Kiddco Mortgage Company, Cincinnati, OH
    Action: Letter of Reprimand and proposed civil money penalty in the 
amount of $1,000.
    Cause: A HUD monitoring review that cited the company for bringing 
a defaulted loan current in order to process a streamline refinance, 
and making alleged false certifications to HUD-FHA.
11. Greater Chicago Mortgage Corporation, Chicago, IL
    Action: Letter of Reprimand
    Cause: Alteration of loan documents by a former employee of the 
company in connection with a HUD-FHA insured mortgage transaction and 
violation of HUD-FHA prepurchase counseling requirements with respect 
to the borrowers involved in the transaction.
12. T.A.B. Mortgage Corporation, Fort Lauderdale, FL
    Action: Probation and proposed civil money penalty in the amount of 
$10,000.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
requirements which included: failure to comply with HUD-FHA reporting 
requirements under the Home Mortgage [[Page 7065]] Disclosure Act 
(HMDA); charging a variation in mortgage interest rates that exceed two 
percent for FHA-insured mortgages based on mortgage amounts; failure to 
implement an adequate Quality Control Plan; requesting FHA case numbers 
using the mortgagee number of a lender that was not approved as a 
sponsor for the company; failure to provide information requested by 
HUD that was required to complete a review of the company's origination 
procedures; alleged submission of false information to HUD for loan 
approval and permitting the hand carrying of a Verification of 
Employment; and failure to respond to a findings letter issued by the 
Monitoring Division based upon a previous monitoring review.
13. J. I. Kislak Mortgage Corporation, Miami Lakes, FL
    Action: Letter of Reprimand and proposed civil money penalty in the 
amount of $5,000.
    Cause: Violation of HUD-FHA requirements by requiring as a 
condition of purchasing HUD-FHA insured mortgages from certain 
correspondent lenders, that the mortgages exceed a minimum loan amount.
14. Commercial Center Bank, Santa Ana, CA
    Action: Settlement Agreement that includes indemnification to the 
Department for any claim losses in connection with improperly 
originated mortgages, corrective action to assure compliance with HUD-
FHA requirements; and payment of a civil money penalty in the amount of 
$12,000.
    Cause: A HUD monitoring review that disclosed violations of HUD-FHA 
requirements that included: making improper payments on defaulted loans 
to bring them current in order to submit them for HUD-FHA mortgage 
insurance; and submitting loans for insurance endorsement when payments 
had not been made within the month due.
15. Deposit Guaranty Mortgage Company, Jackson, MS
    Action: Probation and proposed civil money penalty in the amount of 
$5,000.
    Cause: A HUD monitoring review that cited violations of HUD-FHA 
requirements including: failure to timely remit One-Time Mortgage 
Insurance Premiums; failure to implement an adequate Quality Control 
Plan; failure to conduct a face-to-face interview with the borrower; 
and failure to maintain complete loan origination files.
16. Mortgagees not in Compliance With HUD-FHA Reporting Requirements 
Under The Home Mortgage Disclosure Act (HMDA)
    Action: Letter of Reprimand and proposed civil money penalty in the 
amount of $1,000.
    Cause: Failure to submit HMDA data to the Department. McKinney-
Green, Inc., Gainesville, FL; First Security Mortgage & Investment 
Company, Inc., Pensacola, FL; Rocky Mountain Mortgage Ltd., 
Albuquerque, NM; Wellington Mortgage Corp., Beaver, PA; Mountain States 
Mortgage Center, Sandy, UT; Miracle Mortgage Service, Inc., Carson, CA; 
First Mortgage Services, Inc., Fargo, ND; Traditional Bankers Mortgage 
Corp., Ponce, PR; Peninsula Mortgage Bankers Corp., Coral Gables, FL; 
Fidelity Union Mortgage Corp., Christiansted, VI; Amerifirst Financial, 
Inc., Mesa, AZ.
    Action: Letters of Reprimand and proposed civil money penalty of 
$2,000, which shall be reduced to $1,000 upon submission to the 
Department of HMDA data for 1993 by January 1, 1995.
    Cause: Failure to submit HMDA data to the Department. Freyre 
Mortgage Corp., Santurce, PR; Alameda Mortgage Corp., Castro Valley, 
CA; Golden State Mortgage Corp., San Jose, CA.

    Dated: January 26, 1995.
Jeanne K. Engel,
General Deputy Assistant Secretary Housing--Federal Housing 
Commissioner.
[FR Doc. 95-2772 Filed 2-3-95; 8:45 am]
BILLING CODE 4210-27-P