Skip to comments.FHA Short-Sale Program may have Cost HUD $1 Billion in False Claims (Most Ethical Gov't Ever! alert)
Posted on 09/20/2012 3:11:52 PM PDT by RKBA Democrat
Misuse of the FHA Preforeclosure Sale Program may have cost the Department of Housing and Urban Development (HUD) over a billion dollars for claims that did not meet program according to an audit released this week by the HUD's Region 7 Office of Inspector General (OIG). OIG initiated the audit after noticing significant deficiencies in borrower qualifications during an audit of program claims at one large lender.
The Preforeclosure Sale Program allows borrowers in default due to an adverse an unavoidable financial situation to sell their home at fair market value and use the proceeds to pay off an FHA-guaranteed mortgage loan even if the debt exceeds the proceeds of the sale, i.e. a short sale. Lenders must maintain supporting documentation to demonstrate that the borrowers would financially eligible for the program and both lender and borrower are paid a cash incentive of up to $1,000 for participating in the program.
FHA paid claims on nearly 20,000 short sales from September 1, 2010 to August 31, 2011 with claims totaling more than $1.7 billion. The volume of these sale claims has been increasing relative to foreclosure claims in the past five years.
During the audit OIG reviewed a statistical sample of 80 claims from among 16,976 submitted by the nine largest lenders based on their preforeclosure sale volume. Of the 80 files reviewed, OIG found that 61 or 76.3 percent were ineligible because they did not meet the participation criteria on the basis of their finances as demonstrated in the following table. Fifty-five of those claims came from lenders involved in the $25 billion servicer settlement.
(The number of claims in the table exceeds the cases reviewed because of multiple deficiencies.)
By projecting these ineligible claims to the universe of 16,976 claims OIG estimated that at least 11,693 of those claims were ineligible and projected the cost to HUD at $1.06 billion.
OIG found the HUD had inadequate controls in place to enforce the program requirements and those requirements were not well written. For example, HUD had certain built-in edit checks to ensure that it paid accurate amounts, but these checks addressed computations and relationships among fields rather than whether the borrower was qualified. The qualification issue was likewise not addressed during a post-claim review. Another example: the mortgagee letter cites the participation criteria but not enough detail to ensure consistent application of the criteria. One lender said he thought assets mattered only if they were sufficient t pay off the mortgage.
The $1 billion plus in ineligible claims does not represent a direct cost to the FHA insurance fund. The ultimate loss to that fund, OIG said, would likely be less than this amount because it is reasonable to assume that at least some of these loans would have gone to foreclosure and become conveyance claims. However, it is also reasonable to assume that some would have resulted in no claim or reduced claims due to alternative mitigation procedures.
Over the most recent five year period the loss per short sale has increased as the volume of those sales has also dramatically risen. HUD expects this to continue and as a result OIG says HUD will continue to pay improper claims if it does not improve its controls over the program.
OIG makes three recommendations for action by the Deputy Assistant Secretary for Single Family Housing:
1. Require lenders to reimburse the FHA insurance fund for six of the improper claims totaling $360,760.
2. Strengthen controls of the preforeclosure sale program, including the mortgagee letter and program oversight, to put more than $781 million (the amount OIG estimates could be saved through its recommendations) to better use.
3. Educate lenders on the appropriate and proper use of the program.
Putting in a claim ,any claim is instant Obama Bucks ,no questions asked
Do not think or do for yourself.
Big Government loves you and will take care of you.
Am I misunderstanding this? 61/80 in a sample set taken from a total of 16,976 loan pay downs submitted by the nine largest lenders were ineligible? Isn’t that fraud? Doesn’t this point to a massive problem? 76.3% X 16,976 = 12,953 fraudulent payouts by HUD.
When will these banks be shut down like Arthur Andersen and their corporate officers frog marched to jail for aiding and abetting fraud?
Too big to fail, means we own your government.
the massive problem is that this is 1/1000th of a trillion
overall, to debt, is nothing. Giving 11 times this to rebuild temples and shrines overseas through USAID
Money laundering ping. Thanks RKBA Democrat.
BofA called 2 days later told me I owed double what the late penalty was, as I was yelling at her about what the late penalty actually is, she tried to calm me down with an apology and a sales pitch for me to go with a short sale or Obama's Making Homes Affordable Plan, to which she recieved a rather long winded 30 minute speech/rant about what I think of the US government, Bof A and the Fed, It seems like she was dumbfounded and left thinking deep thoughts about what I had to say, her parting comment was " you make some valid points but we are just here to help " and I said "is that why you tried to get me to agree to a doubled late fee ? GOODBYE !!!"
I’d never had to deal with BofA before this year, WHAT a bunch of maroons. They can’t seem to give one the right form, or will tell you something that is roundly NOT what is on the form. Clearly there’s A) a morale problem and B) a leadership problem — no doubt because the upper management is a de facto part of the Obama administration.