1、243 Office of the Secretary, HUD 25.3 24.1 Debarment and Suspension (Nonprocurement). The policies, procedures, and require-ments for debarment, suspension, and limited denial of participation are set forth in 2 CFR part 2424. 72 FR 73491, Dec. 27, 2007 PART 25MORTGAGEE REVIEW BOARD Sec. 25.1 Scope
2、of rules in this part. 25.2 Establishment and authority of Board. 25.3 Definitions. 25.4 Operation of the Mortgagee Review Board. 25.5 Administrative actions. 25.6 Violations creating grounds for admin-istrative action. 25.7 Notice of violation. 25.8 Factors considered in taking adminis-trative acti
3、on. 25.9 Notice of administrative action. 25.10 Hearings and hearing request. 25.11 Modification of Board orders. 25.12 Public access to information; publica-tion of actions. 25.13 Notifying GNMA of withdrawal ac-tions. 25.15 Retroactive application of Board regu-lations. 25.17 Reserved AUTHORITY: 1
4、2 U.S.C. 1708(c), 1708(d), 1709(s), 1715b and 1735(f)14; 42 U.S.C. 3535(d). SOURCE: 57 FR 31051, July 13, 1992, unless otherwise noted. 25.1 Scope of rules in this part. The rules in this part are applicable to the operation of the Mortgagee Re-view Board and to proceedings arising from administrati
5、ve actions of the Mortgagee Review Board. 25.2 Establishment and authority of Board. (a) Establishment of the Board. The Mortgagee Review Board (Board) was established in the Federal Housing Ad-ministration, which is in the Office of the Assistant Secretary for Housing Federal Housing Commissioner,
6、by sec-tion 202(c)(1) of the National Housing Act (12 U.S.C. 1708(c)(1), as added by section 142 of the Department of Hous-ing and Urban Development Reform Act of 1989 (Pub. L. 101235, approved December 15, 1989). (b) Authority of the Board. The Board has the authority to initiate adminis-trative ac
7、tions against mortgagees and lenders under 12 U.S.C. 1708(c) and shall exercise all of the functions of the Sec-retary with respect to administrative actions against mortgagees and lenders and such other functions as are pro-vided in this part. The Board shall have all powers necessary and incident
8、to the performance of these functions and such other functions as are provided in this part, except as limited by this part. (1) Administrative Actions. The Board has the authority to take any adminis-trative action against mortgagees and lenders as provided in 12 U.S.C. 1708(c). The Board may deleg
9、ate its authority to take all nondiscretionary acts. (2) Civil Money Penalties. The Board is authorized pursuant to section 536 of the National Housing Act (12 U.S.C. 1735(f)14) to impose civil money pen-alties upon mortgagees and lenders, as set forth in 24 CFR part 30. The viola-tions for which a
10、civil money penalty may be imposed are listed in subpart B (Violations) of 24 CFR part 30. Hearings to challenge the imposition of civil money penalties shall be conducted ac-cording to the applicable rules of 24 CFR part 30. (3) Authorization for other administra-tive actions. The Board may, in its
11、 dis-cretion, approve the initiation of a sus-pension or debarment action against a mortgagee or lender by any Suspending or Debarring Official under 24 CFR part 24. 73 FR 60540, Oct. 10, 2008 25.3 Definitions. Adequate evidence. Information suffi-cient to support the reasonable belief that a partic
12、ular act or omission has occurred. Board. The Mortgagee Review Board. Lender. A financial institution as de-fined in paragraphs (a) and (b) of the definition of lender in 202.2 of this title. Loan correspondent. A financial insti-tution as defined in paragraph (c) of the definition of lender in 202.
13、2 of this title. Mortgagee. For purposes of the regu-lations in this part, the term mort-gagee includes: VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networ
14、king permitted without license from IHS-,-,-244 24 CFR Subtitle A (4111 Edition) 25.4 (1) The original lender under the mortgage, as that term is defined at sections 201(a) and 207(a)(1) of the National Housing Act (12 U.S.C. 1707(a), 1713(a)(1); (2) A lender or loan correspondent as defined in this
15、 section; (3) A branch office or subsidiary of the mortgagee, lender, or loan cor-respondent; or (4) Successors and assigns of the mortgagee, lender, or loan cor-respondent, as are approved by the Commissioner. Person. Any individual, corporation, partnership, association, unit of gov-ernment or leg
16、al entity, however orga-nized. Secretary. The Secretary of the De-partment of Housing and Urban Devel-opment or a person designated by the Secretary. 57 FR 31051, July 13, 1992; 57 FR 37085, Aug. 18, 1992, as amended at 60 FR 13835, Mar. 14, 1995; 60 FR 39237, Aug. 1, 1995; 61 FR 685, Jan. 9, 1996;
17、62 FR 20081, Apr. 24, 1997; 72 FR 53878, Sept. 20, 2007; 73 FR 60540, Oct. 10, 2008 25.4 Operation of the Mortgagee Re-view Board. (a) Members. The Board consists of the following HUD officials designated to serve on the Board by section 202(c)(2) of the National Housing Act (12 U.S.C. 1708(c)(2): (
18、1) The Assistant Secretary of Hous-ing-Federal Housing Commissioner; (2) The General Counsel of the De-partment; (3) The President of the Government National Mortgage Association (GNMA); (4) The Assistant Secretary for Ad-ministration; (5) The Assistant Secretary for Fair Housing and Equal Opportuni
19、ty (in cases involving violations of non-discrimination requirements); (6) The Chief Financial Officer of the Department; and (7) The Director of the Enforcement Center; or their designees. (b) Advisors. The Inspector General or his or her designee, and the Director of the Office of Lender Activitie
20、s and Pro-gram Compliance (or such other posi-tion as may be assigned such duties), and such other persons as the Board may appoint, shall serve as nonvoting advisors to the Board. (c) Quorum. Four members of the Board or their designees shall con-stitute a quorum. (d) Determination by the Board. An
21、y administrative action taken by the Board shall be determined by a major-ity vote of the quorum. 57 FR 31051, July 13, 1992; 57 FR 37085, Aug. 18, 1992, as amended at 73 FR 60540, Oct. 10, 2008 25.5 Administrative actions. (a) General. The Board is authorized to take administrative actions in ac-co
22、rdance with 12 U.S.C. 1708(c), includ-ing, but not limited to, the following: issue a letter of reprimand, probation, suspension, or withdrawal; or enter into a settlement agreement. (b) Letter of reprimand. A letter of rep-rimand shall be effective upon receipt of the letter by the mortgagee. Failu
23、re to comply with a directive in the letter of reprimand may result in any other administrative action that the Board finds appropriate as provided by 12 U.S.C. 1708(c). (c) Probation. Probation shall be ef-fective upon receipt of the notice of probation by the mortgagee. Failure to comply with the
24、terms of probation may result in any other administrative action that the Board finds appropriate as provided by 12 U.S.C. 1708(c). (d) Suspension(1) Effect of suspen-sion. (i) During the period of suspen-sion, HUD will not endorse any mort-gage originated by the suspended mort-gagee under the Title
25、 II program unless prior to the date of suspension: (A) A firm commitment has been issued relating to any such mortgage; or (B) A Direct Endorsement under-writer has approved the mortgagor for any such mortgage. (ii) During the period of suspension, a lender or loan correspondent may not originate n
26、ew Title I loans under its Title I Contract of Insurance or apply for a new Contract of Insurance. (2) Effective date of suspension. A sus-pension issued pursuant to 25.7(d) is effective upon issuance. Any other sus-pension is effective upon receipt of the notice of suspension by the mortgagee. VerD
27、ate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-245 Office of the Secretary, HUD 25.6 (e) Withdrawal(1) Effect of
28、 with-drawal. (i) During the period of with-drawal, HUD will not endorse any mortgage originated by the withdrawn mortgagee under the Title II program, unless prior to the date of withdrawal: (A) A firm commitment has been issued relating to any such mortgage; or (B) A Direct Endorsement under-write
29、r has approved the mortgagor for any such mortgage. (ii) During the period of withdrawal, a lender or loan correspondent may not originate new Title I loans under its Title I Contract of Insurance or apply for a new Contract of Insurance. The Board may limit the geographical ex-tent of the withdrawa
30、l, or limit its scope (e.g., to either the single family or multifamily activities of a with-drawn mortgagee). Upon the expiration of the period of withdrawal, the mort-gagee may file a new application for approval under 24 CFR part 202. (2) Effective date of withdrawal. (i) If the Board determines
31、that immediate action is in the public interest or in the best interests of the Department, then withdrawal shall be effective upon receipt of the Boards notice of with-drawal. (ii) If the Board does not determine that immediate action is necessary ac-cording to paragraph (e)(2)(i) of this section,
32、then withdrawal shall be effec-tive either: (A) Upon the expiration of the 30-day period specified in 25.10, if the mort-gagee has not requested a hearing; or (B) Upon receipt of the Boards deci-sion under 25.10, if the mortgagee re-quests a hearing. 73 FR 60540, Oct. 10, 2008 25.6 Violations creati
33、ng grounds for administrative action. Any administrative action imposed under 12 U.S.C. 1708(c) shall be based upon one or more of the following vio-lations: (a) The transfer of an insured mort-gage to non-approved mortgagee, ex-cept pursuant to 24 CFR 203.433 or 203.435; (b) The failure of a mortga
34、gee to seg-regate all escrow funds received from mortgagors on account of ground rents, taxes, assessments and insurance pre-miums, or failure to deposit these funds with one or more financial insti-tutions in a special account or ac-counts that are fully insured by the Federal Deposit Insurance Cor
35、poration or by the National Credit Union Ad-ministration except as otherwise pro-vided in writing by the Assistant Sec-retary for HousingFederal Housing Commissioner; (c) The use of escrow funds for any purpose other than that for which they are received; (d) The termination of a mortgagees supervis
36、ion by a governmental agency; (e) The failure of a nonsupervised mortgagee to submit the required an-nual audit report of its financial condi-tion prepared in accordance with in-structions issued by the Secretary within 90 days of the close of its fiscal year, or such longer period as the As-sistant
37、 Secretary of HousingFederal Housing Commissioner may authorize in writing prior to the expiration of 90 days; (f) The payment by a mortgagee of a referral fee to any person or organiza-tion; or payment of any thing of value, directly or indirectly, in connection with any insured mortgage transactio
38、n or transactions to any person, includ-ing but not limited to an attorney, es-crow agent, title company, consultant, mortgage broker, seller, builder or real estate agent, if that person has re-ceived any other compensation from the mortgagor, the seller, the builder or any other person for service
39、s related to such transactions or from or related to the purchase or sale of the mort-gaged property, except compensation paid for the actual performance of such services as may be approved by the As-sistant Secretary for HousingFederal Housing Commissioner; (g) Failure to comply with any agree-ment
40、, certification, undertaking, or condition of approval listed on, or ap-plicable to, either a mortgagees appli-cation for approval or an approved mortgagees branch office notification; (h) Failure of an approved mortgagee to meet or maintain the applicable net worth, liquidity or warehouse line of c
41、redit requirements of 24 CFR part 202 pertaining to net worth, liquid assets, and warehouse line of credit or other acceptable funding plan; VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot
42、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-246 24 CFR Subtitle A (4111 Edition) 25.6 (i) Failure or refusal of an approved mortgagee to comply with an order of the Board, the Secretary, the hearing official, hearing officer or other inde-pendent official to whom
43、matters are referred under 25.8(d)(2). (j) Violation of the requirements of any contract or agreement with the Department, or violation of the re-quirements set forth in any statute, regulation, handbook, mortgagee let-ter, or other written rule or instruc-tion; (k) Submission of false information t
44、o HUD in connection with any HUD/ FHA insured mortgage transaction; (l) Failure of a mortgagee to respond to inquiries from the Board; (m) Indictment or conviction of a mortgagee or any of its officers, direc-tors, principals or employees for an of-fense which reflects upon the responsi-bility, inte
45、grity, or ability of the mort-gagee to participate in HUD/FHA pro-grams as an approved mortgagee; (n) Employing or retaining: (1) An officer, partner, director, or principal at such time when such per-son was suspended, debarred, ineligible, or subject to a limited denial of par-ticipation under 2 C
46、FR part 2424 or oth-erwise prohibited from participation in HUD programs, where the mortgagee knew or should have known of the pro-hibition; (2) An employee who is not an officer, partner, director, or principal and who is or will be working on HUD/FHA pro-gram matters at a time when such per-son wa
47、s suspended, debarred, ineligible, or subject to a limited denial of par-ticipation under 2 CFR part 2424 or oth-erwise prohibited from participation in HUD programs, where the mortgagee knew or should have known of the pro-hibition; (o) Violation by an approved mort-gagee of the nondiscrimination r
48、e-quirements of the Equal Credit Oppor-tunity Act (15 U.S.C. 16911691f), Fair Housing Act (42 U.S.C. 36013619), Exec-utive Order 11063 (27 FR 11527), and all regulations issued pursuant thereto; (p) Business practices which do not conform to generally accepted prac-tices of prudent mortgagees or whi
49、ch demonstrate irresponsibility; (q) Failure to cooperate with an audit or investigation by the Depart-ments Office of Inspector General or an inquiry by HUD/FHA into the con-duct of the mortgagees HUD/FHA in-sured business or any other failure to provide information to the Secretary or a representative related to the con-duct of the mortgagees HUD/FHA busi-ness; (r) Violation by an approved mort-gagee of the requirements or prohibi
