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Start Preamble
AGENCY:
Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.
ACTION:
Notice.
SUMMARY:
This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD's Federal Housing Administration (FHA) against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
The Quality Assurance Division, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000; telephone (202) 708-2830 (this is not a toll free number). Persons with hearing or speech impairments may access that number through TTY by calling the Federal Information Relay Service at (800) 877-8339.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
HUD has the authority to address deficiencies in the performance of lenders' loans as provided in HUD's mortgagee approval regulations at 24 CFR 202.3. On May 17, 1999 (64 FR 26769), HUD published a Start Printed Page 69776notice on its procedures for terminating Origination Approval Agreements with FHA lenders and placement of FHA lenders on Credit Watch status (an evaluation period). In the May 17, 1999 notice, HUD advised that it would publish in the Federal Register a list of mortgagees, which have had their Origination Approval Agreements terminated.
Termination of Origination Approval Agreement: Approval of a mortgagee by HUD/FHA to participate in FHA mortgage insurance programs includes an Origination Approval Agreement (Agreement) between HUD and the mortgagee. Under the Agreement, the mortgagee is authorized to originate single family mortgage loans and submit them to FHA for insurance endorsement. The Agreement may be terminated on the basis of poor performance of FHA-insured mortgage loans originated by the mortgagee. The termination of a mortgagee's Agreement is separate and apart from any action taken by HUD's Mortgagee Review Board under HUD's regulations at 24 CFR part 25.
Cause: HUD's regulations permit HUD to terminate the Agreement with any mortgagee having a default and claim rate for loans endorsed within the preceding 24 months that exceeds 200 percent of the default and claim rate within the geographic area served by a HUD field office, and also exceeds the national default and claim rate. For the 24th review period, HUD is terminating the Agreement of mortgagees whose default and claim rate exceeds both the national rate and 200 percent of the field office rate.
Effect: Termination of the Agreement precludes that branch(s) of the mortgagee from originating FHA-insured single family mortgages within the area of the HUD field office(s) listed in this notice. Mortgagees authorized to purchase, hold, or service FHA insured mortgages may continue to do so.
Loans that closed or were approved before the termination became effective may be submitted for insurance endorsement. Approved loans are (1) those already underwritten and approved by a Direct Endorsement (DE) underwriter employed by an unconditionally approved DE lender and (2) cases covered by a firm commitment issued by HUD. Cases at earlier stages of processing cannot be submitted for insurance by the terminated branch; however, they may be transferred for completion of processing and underwriting to another mortgagee or branch authorized to originate FHA insured mortgages in that area. Mortgagees are obligated to continue to pay existing insurance premiums and meet all other obligations associated with insured mortgages.
A terminated mortgagee may apply for a new Origination Approval Agreement if the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.8 or 202.10 and 202.12, if there has been no Origination Approval Agreement for at least six months, and if the Secretary determines that the underlying causes for termination have been remedied. To enable the Secretary to ascertain whether the underlying causes for termination have been remedied, a mortgagee applying for a new Origination Approval Agreement must obtain an independent review of the terminated office's operations as well as its mortgage production, specifically including the FHA-insured mortgages cited in its termination notice. This independent analysis shall identify the underlying cause for the mortgagee's high default and claim rate. The review must be conducted and issued by an independent Certified Public Accountant (CPA) qualified to perform audits under Government Auditing Standards as provided by the Government Accountability Office. The mortgagee must also submit a written corrective action plan to address each of the issues identified in the CPA's report, along with evidence that the plan has been implemented. The application for a new Agreement should be in the form of a letter, accompanied by the CPA's report and corrective action plan. The request should be sent to the Director, Office of Lender Activities and Program Compliance, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000 or by courier to 490 L'Enfant Plaza, East, SW., Suite 3214, Washington, DC 20024-8000.
Action: The following mortgagees have had their Agreements terminated by HUD:
Start SignatureMortgagee name Mortgagee branch address HUD office jurisdictions Termination effective date Home ownership centers Alethes LLC 8601 RR 2222 BLD-1, Austin, TX 78730 San Antonio, TX 9/06/2005 Denver. BSM Financial LP 16479 Dallas Parkway, Ste. 211, Addison, TX Houston, TX. 10/6/2005 Denver. BSM Financial LP 16479 Dallas Parkway, Ste. 211, Addison, TX 75001 San Antonio, TX 10/6/2005 Denver. Century Mortgage Corporation 1730 Mount Vernon Rd., Atlanta, GA 30338 Atlanta, GA. 9/6/2005 Atlanta. Everett Financial Inc 17290 Preston Road, Ste. 300, Dallas, TX 75252 Fort Worth, TX 10/6/2005 Denver. Infinity Mortgage Corporation 1117 Perimeter Center W., Suite 201, Atlanta, GA 30338 Atlanta, GA. 10/6/2005 Atlanta. Lending Street LLC 1619 South Kentucky St., Amarillo, TX 79102 Lubbock, TX. 10/6/2005 Denver. Mortgage Pros LLC 12335 North Rockwell Ave., Oklahoma City, OK 73142 Oklahoma City, OK 9/06/2005 Denver. Pioneer Mortgage Services LLC 795 E 340 S, American Fork, UT 84003 Salt Lake City, UT 10/06/2005 Denver. Plainscapital McAfee Mortgage Company 1370 NW 114th St., Ste. 205, Clive, IA 50325 Des Moines, IA 9/06/2005 Denver. Dated: November 4, 2005.
Frank L. Davis,
General Deputy Assistant Secretary for Housing.
[FR Doc. E5-6333 Filed 11-16-05; 8:45 am]
BILLING CODE 4210-27-P
Document Information
- Published:
- 11/17/2005
- Department:
- Housing and Urban Development Department
- Entry Type:
- Notice
- Action:
- Notice.
- Document Number:
- E5-6333
- Pages:
- 69775-69776 (2 pages)
- Docket Numbers:
- Docket No. FR-4513-N-22
- PDF File:
- e5-6333.pdf