Housing Think Tank Suggests Steps To Make Loan Cert Proposal Work
September 18, 2015
The FHA should make further adjustments to its latest loan-level certification proposal to fully achieve its aim of limiting lenders’ False Claims Act liability, according to an Urban Institute analysis. As drafted, the agency’s proposed measures to limit liability to errors that lenders can and should avoid appear to fall short of their objective, wrote UI Senior Fellow Jim Parrott. He urged the FHA to make the small changes needed to align the severity of penalties (indemnifications, huge settlements) with the gravity of the mistakes. Many FHA lenders have restricted their lending and imposed overlays partly because of uncertainty in how the agency enforces its underwriting rules. Lenders agree with the need for tougher enforcement against mortgage fraud and misrepresentations that have cost the FHA insurance fund millions of dollars in losses. However, even a minor mistake or a ...