Final Civil Action Borrower Settled Alleged Violations of Home Equity Conversion Mortgage Program

Date Published: 
Friday, January 6, 2017
Publication/Report Type: 
Memorandums
Memorandum Number: 
2017-PH-1801
Program Area(s): 
Office of General Counsel
State: 
District of Columbia
Summary: 

We audited the U.S. Department of Housing and Urban Development’s (HUD) oversight of its Home Equity Conversion Mortgage (HECM) program and found that 33 borrowers had more than 1 loan under the program.  Having multiple loans violated program requirements because HUD requires borrowers to reside in the mortgaged residence as their principal residence and borrowers may not have more than one principal residence at a time.  We referred the violations to HUD’s Office of Program Enforcement for action under the Program Fraud Civil Remedies Act.

In July 2005, one borrower obtained a HECM loan on a property that he owned in Massachusetts and certified in writing that the home was his principal residence.  However, in March 2008, he obtained a second HECM loan on another property that he owned in Georgia and certified in writing that it was his principal residence.  These actions violated HUD’s principal residency requirements because the borrower owned both properties at the same time.  On July 17, 2016, HUD’s Office of Program Enforcement filed a complaint against the borrower under the Program Fraud Civil Remedies Act.  After negotiations with HUD, the borrower agreed to pay $1,500 to settle the matter.  The agreement did not constitute an admission of liability or fault by any party.  The borrower made an initial payment of $300 on September 27, 2016, and agreed to a repayment plan for the remaining $1,200.

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