Delegations of Authority for the Office of Housing-Federal Housing Administration (FHA); Redelegation of Authority Regarding Single Family Housing Programs, 37252-37258 [2012-15077]
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Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Notices
(the Act), including, but not limited to,
the authority necessary to:
(1) Establish home constructions and
safety standards; enter into contracts
with an administering organization;
adopt, revise, and interpret construction
and safety standards; issue
interpretative bulletins; and approve or
reject proposed regulations or
interpretative bulletins submitted by the
Consensus Committee;
(2) Develop and establish model
manufactured home installation
standards;
(3) Submit cost or other information
to the consensus committee for
evaluation;
(4) Conduct research, testing,
development, and training to carry out
the Act;
(5) Advise, assist, and cooperate with
other Federal agencies, and state and
other public and private agencies in the
planning and development of standards
and methods for inspection and testing;
(6) Determine that any manufactured
home does not conform to applicable
Federal standards or contains a defect
that constitutes an imminent safety
hazard;
(7) Conduct inspections and
investigations necessary to promulgate
or enforce Federal standards under the
Act; designate persons to enter an
establishment to inspect; contract with
state and local governments and private
inspection organizations to carry out the
functions under section 614 of the Act;
to hold hearings, take testimony, and
administer oaths and take other actions
under section 614(c) of the Act;
(8) Enforce notification and correction
of defects;
(9) Develop guidelines for a
consumer’s manual;
(10) Utilize the services, research, and
testing facilities of public agencies and
independent testing laboratories;
(11) Collect reasonable fees to carry
out the responsibilities under the Act;
(12) Approve State plans for
enforcement of standards;
(13) Establish and implement a
dispute resolution program; and
(14) Make grants to States that have
designated a State agency under section
623 of the Act.
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C. National Housing Act Provisions
The Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs and the Associate Deputy
Assistant Secretary for Risk
Management and Regulatory Affairs are
redelegated such authority as is
necessary to carry out certain duties and
responsibilities prescribed in the
National Housing Act (the NHA Act) (12
U.S.C. 1701 et seq.), as follows:
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(1) Prescribe standards for designs,
construction, and alteration of
structures for programs (other than
public housing programs) prescribed
under the NHA Act;
(2) Approve or disapprove variances
from the design or construction
standards for all programs (other than
public housing programs) under the
NHA Act; and
(3) Evaluate and determine the
technical suitability of housing products
and materials under section 21 of the
NHA Act, and to issue engineering and
technical bulletins governing the
acceptability of housing system
components, materials, and methods of
construction.
D. Real Estate Settlement Procedures
Act (RESPA)
The Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs and the Associate Deputy
Assistant Secretary for Risk
Management and Regulatory Affairs are
redelegated such authority as is
necessary to carry out any residual
duties and responsibilities of HUD as
remain, following the transfer of the
Real Estate Settlement Procedures Act
(RESPA) to the Consumer Financial
Protection Bureau (CFPB).
E. Interstate Land Sales Full Disclosure
Act
The Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs and the Associate Deputy
Assistant Secretary for Risk
Management and Regulatory Affairs are
redelegated such authority as is
necessary to carry out any residual
duties and responsibilities of HUD as
remain after transfer of the Interstate
Land Sales Full Disclosure Act to the
CFPB.
F. Secure and Fair Enforcement for
Mortgage Licensing Act of 2008 (SAFE)
Section V. Further Redelegations
The authority redelegated by the
Assistant Secretary for Housing to the
Deputy Assistant Secretary for Risk
Management and Regulatory Affairs, the
Associate Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs, the Associate Deputy Assistant
Secretary for Risk Management and
Assessment, and the Administrator of
the Office of Manufactured Housing
Programs may be redelegated.
Section VI. Revocation of Delegations
The Assistant Secretary for HousingFederal Housing Commissioner, the
General Deputy Assistant Secretary for
Housing-Deputy Federal Housing
Commissioner, or the Associate General
Deputy Assistant Secretary for Housing
may, at any time, revoke any of the
authority redelegated herein. Notice of
any revocation will be published in the
Federal Register. This redelegation of
authority supersedes all prior
redelegations of authority to the Deputy
Assistant Secretary for Risk
Management and Regulatory Affairs, the
Associate Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs, the Associate Deputy Assistant
Secretary for Risk Management and
Assessment, and the Administrator of
the Office of Manufactured Housing
Programs.
Authority: Section 7(d), Department of
Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: June 5, 2012.
Carol J. Galante,
Acting Assistant Secretary for HousingFederal Housing Commissioner.
[FR Doc. 2012–15075 Filed 6–19–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5557–D–08]
The Deputy Assistant Secretary for
Risk Management and Regulatory
Affairs and the Associate Deputy
Assistant Secretary for Risk
Management and Regulatory Affairs are
redelegated such authority as is
necessary to carry out any residual
duties and responsibilities of HUD, as
prescribed in the Secure and Fair
Enforcement for Mortgage Licensing Act
of 2008, to the CFPB.
Delegations of Authority for the Office
of Housing—Federal Housing
Administration (FHA); Redelegation of
Authority Regarding Single Family
Housing Programs
Section IV. Authority Excepted
SUMMARY:
The authority redelegated herein does
not include the authority to:
(1) Issue or to waive regulations;
(2) Sue or be sued.
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Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of revocation and
redelegation of authority.
AGENCY:
On September 15, 2006, the
Assistant Secretary for Housing—
Federal Housing Commissioner issued
an up-to-date comprehensive delegation
of authority for single family housing
programs. This notice amends that
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Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Notices
Section I. Single Family Housing
Programs—Office of Housing
Organization
redelegation of authority to reflect
changes that have occurred since that
time.
DATES:
Effective Date: June 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Wanda Sampedro, Special Assistant to
the Deputy Assistant Secretary for the
Office of Single Family Housing, Office
of Housing, Department of Housing and
Urban Development, 451 Seventh Street
SW., Room 9282, Washington, DC
20410, telephone 202–708–3175. (This
is not a toll-free number). Persons with
hearing or speech impairments may
access this number by calling HUD’s
toll-free Federal Relay Service number
at 800–877–8339.
Section I
of this notice sets forth the organization
of the Office of Single Family Housing.
This material is basically the same as
that which appeared in the
comprehensive delegations of authority
published on October 12, 2006 (71 FR
60173). However some wording has
been changed to clarify the Single
Family organization and functions.
On July 18, 2005, the Assistant
Secretary issued a redelegation of
authority to management and marketing
contractors (M&Ms) to execute routine
documents necessary for the
management and sale of single-family
properties acquired by HUD in
connection with its Single Family
Housing Mortgage Insurance Program.
The notice of redelegation of authority
was published on July 26, 2005, at 70
FR 43171 and was incorporated into the
comprehensive redelegation of authority
of October 2006 in Section III.Q.
Management and Marketing (M&M)
Contractors. This redelegation of
authority is continued in this notice.
On September 17, 2003, the Assistant
Secretary issued an unpublished
redelegation of authority to certain staff
in the Office of Housing’s Caribbean
Office enabling them to carry out duties
in connection with the Single Family
Property Disposition Program. In the
usual course, these duties would be
carried out by designated officials in the
Atlanta, Georgia, Homeownership
Center (HOC). However, local law in
Puerto Rico requires HUD staff in the
Caribbean Office to accept conveyances
of title. Accordingly, the redelegation is
again incorporated into the
comprehensive redelegation of authority
in Section III.S.
Accordingly, the notice of
redelegation of authority for single
family housing programs is amended
and updated, as follows:
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SUPPLEMENTARY INFORMATION:
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A. Office of Single Family Housing—
Headquarters
All Office of Single Family Housing
managers, in Headquarters and the field,
report to the Deputy Assistant Secretary
for Single Family Housing and
Associate Deputy Assistant Secretary for
Single Family Housing. In Headquarters,
there are three major single family
housing offices, each of which are
headed by a Director and are comprised
of Divisions. These offices are the
following:
The Office of Single Family Housing
Program Development: This office is
comprised of three divisions. The Home
Mortgage Insurance Division is
generally responsible for developing
and implementing policies, procedures,
and guidelines covering the preapplication through the final
endorsement stage of FHA mortgage
insurance cases, including mortgage
loan origination and refinancing cases.
The Program Support Division is
responsible for: Administering the
Housing Counseling Program under
section 106 of the Housing and Urban
Development Act of 1968; administering
FHA’s nonprofit mortgagor discount
sales and secondary financing programs;
maintaining the Single Family Housing
Web site; producing single family
housing brochures; overseeing the
marketing of single family housing
programs; and providing a wide variety
of technical assistance to the three
offices within the Office of Single
Family Housing.
The Home Valuation Policy Division
is responsible for managing all single
family property appraisal and valuation
requirements. These functions include
oversight and monitoring of appraisers
and analyzing single family property
valuation issues, including standards
and policies associated with new
construction and property
rehabilitation, and all origination and
several servicing policies for
administering the home equity
conversion mortgage program.
The Office of Single Family Asset
Management: This office is comprised
of two divisions. The first division, the
National Servicing Center (NSC), serves
as the operational arm of the Office of
Single Family Asset Management. It
provides centralized servicing, loss
mitigation, and operations support for
the FHA-insured mortgage portfolio
from the point of loan endorsement
through termination. The NSC has
oversight responsibility for the FHA
Loss Mitigation Program; for servicing
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Secretary-owned first and second
mortgages; for providing default,
foreclosure, and loss mitigation activity
reporting and analyses; and for ranking
and rating lender servicing and loss
mitigation performance. The NSC works
with mortgage servicers and
homeowners to find solutions to avoid
foreclosure of FHA-insured loans and
provides direction and training to
lenders and Housing Counseling
Agencies, better enabling them to assist
homeowners. Although it is a
Headquarters Division, the NSC’s staff is
out-stationed to Oklahoma City and
Tulsa, Oklahoma. The loan servicing
and loss mitigation functions carried out
by the NSC are not delegated to any
field office.
The second division, the Asset
Management and Disposition Division
(AMDD), is responsible for establishing
policy for the servicing of FHA loans,
and the management and marketing of
HUD-acquired single family properties.
These policies are promulgated in the
form of Regulations, Mortgagee Letters,
and Housing Notices. The scope of these
policies includes but is not limited to
escrow requirements, pre-payments,
loss mitigation, and mortgage insurance
claims. AMDD is also responsible for
operating HUD’s mission programs.
The Office of Lender Activities and
Program Compliance (OLAPC): This
office consists of three divisions. Acting
as the regulatory oversight and
enforcement entity within the Office of
Single Family Housing, OLAPC
executes a three-part risk management
strategy comprised of the following
functions:
Evaluating—The Lender Approval
and Recertification Division approves
and recertifies qualified lenders to
participate in FHA’s mortgage insurance
programs.
Monitoring—The Quality Assurance
Division (QAD) directs operational, loan
and institutional level risk analysis and
review processes. QAD uses HUD’s data
systems to analyze and evaluate loans
and mortgagee portfolios to identify
performance problems that put the FHA
insurance fund at risk.
Enforcement—The Mortgagee Review
Board Division serves as staff for the
Mortgagee Review Board, which takes
administrative action against FHAapproved lenders when there is
adequate evidence of serious violations
in the origination, underwriting, or
servicing of loans submitted for FHA
insurance.
B. Single Family Housing—Field Office
Structure
In order to maximize efficiencies and
empower people and communities, the
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The Caribbean
Atlanta Homeownership Center
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Office of Single Family Housing
undertook a major field reorganization
several years ago. Today, the Office of
Single Family Housing has
Homeownership Centers (HOCs) in four
locations: Atlanta, Georgia; Denver,
Colorado; Philadelphia, Pennsylvania;
and Santa Ana, California. These HOCs
are generally responsible for the
processing of cases within their
respective geographic jurisdictions, but
some monitoring and review processes
are workload balanced across
jurisdictions. In addition, Office of
Single Family Housing employees are
out-stationed to locations throughout
the United States. Among other things,
these employees work within local
communities to perform marketing and
outreach activities to ensure that the
public is aware of and has access to
Office of Housing programs. Program
support employees evaluate and provide
technical assistance to HUD-approved
housing counseling agencies. Outstationed employees also perform some
monitoring and review processes.
A uniform structure applies to all of
the HOCs. The highest-ranking official
in the HOC is the HOC Director, who is
assisted by the HOC Deputy Director.
Functions performed by HOC staff are
distributed, according to type (e.g.,
production, quality assurance, etc.),
among five Divisions, each of which is
headed by a Division Director. The five
HOC Divisions are titled:
(1) Processing and Underwriting;
(2) Quality Assurance;
(3) Program Support;
(4) Real Estate Owned; and
(5) Operations and Customer Service.
Division Directors report to the HOC
Director and Deputy Director. (As is the
case in Headquarters, all staff report to
the Deputy Assistant Secretary for
Single Family Housing and the
Associate Deputy Assistant Secretary for
Single Family Housing.) The chart
below identifies each HOC and its
geographic jurisdiction.
Santa Ana
Fresno
Honolulu
Las Vegas
Los Angeles
Phoenix
Reno
Sacramento
San Diego
San Francisco
Tucson
Seattle
Anchorage
Boise
Portland
Spokane
Atlanta
Jackson
Jacksonville
Knoxville
Greensboro
Indianapolis
Chicago
Orlando
Tampa
Springfield
Memphis
Nashville
Birmingham
Columbia
Miami
Louisville
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Denver Homeownership Center
Denver
Casper
Salt Lake City
Des Moines
St. Louis
Oklahoma City
Omaha
Albuquerque
Helena
San Antonio
Tulsa
New Orleans
Shreveport
Fort Worth
Fargo
Sioux Falls
Little Rock
Houston
Kansas City
Lubbock
Dallas
Milwaukee
Minneapolis
Philadelphia Homeownership Center
Philadelphia
Albany
New York
Providence
Columbus
Detroit
Syracuse
Cincinnati
Camden
Buffalo
Burlington
Washington, DC
Cleveland
Grand Rapids
Boston
Bangor
Pittsburgh
Richmond
Flint
Manchester
Charleston
Hartford
Baltimore
Wilmington
Newark
Santa Ana Homeownership Center
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Section II. Single Family Programs—
Functions
The Office of Single Family Housing
is charged with carrying out duties of
the Assistant Secretary, General Deputy
Assistant Secretary and Associate
General Deputy Assistant Secretary for
Housing as they relate to single family
housing programs set forth in the
National Housing Act and other
legislation. This broad range of
programs enables HUD, in concert with
program participants in the private and
public sectors, to provide safe, decent,
and affordable single family housing to
millions of American families.
Under this delegation, the Assistant
Secretary for Housing, General Deputy
Assistant Secretary for Housing and
Associate General Deputy Assistant
Secretary for Housing redelegate broad
program authority to the Deputy
Assistant Secretary for Single Family
Housing and the Associate Deputy
Assistant Secretary for Single Family
Housing and commensurate with their
respective duties, Directors in
Headquarters and in the field.
Characterizing the redelegated
authority in broad or generic terms will
enable the above Deputy Assistant
Secretary for Single Family Housing and
Associate Deputy Assistant Secretary for
Single Family Housing, and Directors in
Headquarters and the field, to perform
all functions necessary to accomplish
single family housing program tasks and
objectives.
In some past delegation notices, HUD
has set forth, in ‘‘laundry list’’ fashion
the detailed functions carried out by
managers under generic function
headings. However, publishing detailed
lists has proven problematic, as some
listed items become obsolete over time,
while other functions are omitted
through oversight. Conversely, this
delegation sets forth functions in
generic terms, while the preamble
provides insights into the nature of the
work performed by managers with
delegated authority under each category.
The basic single family housing program
functions and a brief description of each
are as follows:
A. General Authority
This authority allows managers to
sign any and all documents necessary to
carry out the business within their
program and geographical jurisdictions.
In addition, it allows managers, when
considering a proposal, to waive any
directives not mandated by statute or
regulation for good cause and with a
written justification.
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B. Production
This function allows a manager with
delegated authority to make all
necessary determinations that relate to
the insured mortgage process.
Essentially, this category of functions
begins with a proposal to insure a home
mortgage and ends with the
Department’s endorsement of an insured
mortgage. For all insurance programs, it
includes, but is not limited to, such
activities as approving direct
endorsement lenders’ and monitoring
contract reviews; maintaining rosters
and other lists of appraisers, inspectors,
and lenders; performing underwriting
reviews for mortgage credit; performing
appraisal reviews; performing
architectural field reviews; and setting
mortgage limits.
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C. Servicing and Loss Mitigation
Servicing and Loss Mitigation
functions are intended to ensure the
servicing of the Secretary-held mortgage
portfolio; partial claims; the monitoring
of FHA servicers’ use of loss mitigation;
and, timely reporting of defaulted, FHAinsured loans. Additional
responsibilities include: writing off or
compromising principal debt, up to a
maximum of $100,000; providing onsite and off-site loss mitigation training
to lenders, housing counseling agencies,
and other FHA program offices within
HUD; administering the Home Equity
Conversion Mortgage (HECM) program;
operating a nationwide call center to
respond to questions concerning loss
mitigation and foreclosure relief
programs; and supporting the
Department’s endeavor against
predatory lending practices.
D. Quality Assurance
Quality assurance functions are
intended to ensure that an FHA lender
is in compliance with FHA lending
requirements and procedures.
Responsibilities include targeting
lenders for review, conducting the
Credit Watch Termination Initiative to
identify and take action against poorly
performing lenders, and administering
the Neighborhood Watch Early Warning
System, a web-based monitoring tool
that allows HUD staff, lenders,
appraisers, concerned citizens and other
interested parties to monitor loan
activity in areas as large as the United
States or as small as a local zip code.
These mechanisms are used to manage
FHA’s counterparty risk and mitigate
losses to FHA’s insurance funds.
E. Lender Approval and Recertification
Lender approval and recertification
functions are the means by which FHA
vets its lender partners and approves
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them for initial and continuing
participation in FHA programs.
Additional responsibilities include the
management of HUD’s Institution
Master File, which records all relevant
data for FHA-approved lenders and
supplies lender data to more than 20 of
FHA’s key data systems and the
administration of the Lender
Assessment Subsystem for purposes of
electronic submission and storage of the
annual audit reports required of lenders
seeking renewal of their FHA lender
approval.
F. Enforcement
Enforcement functions protect FHA
and its mortgage insurance funds from
fraud and program abuse, and encourage
program compliance by FHA-approved
lenders. Via the imposition of civil
money penalties and administrative
sanctions against FHA approved lenders
and mortgagees who knowingly and
materially violate FHA program statutes,
regulations and handbook requirements,
FHA ensures compliance with HUD
requirements and protects FHA’s
insurance funds from unwarranted risks
and losses.
G. Grants
In any given year Congress may
authorize funds for grant programs. The
Assistant Secretary is the Grant Officer
and thus the sole official responsible for
making grantee selections. Grant
functions include developing criteria for
grant applications, rating and ranking
proposals, and selecting government
technical representatives to oversee
performance under the grant contracts.
Once a grant is awarded, functions
include monitoring a grantee’s
compliance with the agreement,
modifying a grant, terminating a grant
for non-compliance, and closing out a
grant in the usual course. The Assistant
Secretary retains and does not delegate
the authority of the Grant Officer.
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I. Property Disposition
Section 204(g) of the National
Housing Act (12 U.S.C. 1710) addresses
the management and disposition of
HUD-acquired single family properties.
HUD’s implementing regulations are
found in 24 CFR part 291, entitled
Disposition of HUD-acquired single
family property. Under these statutory
and regulatory authorities, HUD is
charged with implementing a program
of sales of HUD-acquired properties,
along with appropriate credit terms and
standards to be used in carrying out the
program. Beginning with this notice, the
Assistant Secretary redelegates the
authority under 24 CFR 291.210(c),
entitled Direct Sales to individuals or
entities, to the Deputy Assistant
Secretary for Single Family Housing.
Most of HUD’s single family property
disposition functions occur after HUD
has acquired title to a property; some,
however, occur during the preacquisition period. Principal disposition
functions include, but are not limited to:
(1) Oversight monitoring,
(2) Mortgage compliance
management,
(3) Field service management, and
(4) Asset management.
J. Suspensions, Debarments and Limited
Denials of Participation
A participant or contractor or affiliate,
other than a mortgagee, who fails to
comply with HUD program regulations,
rules, and/or procedures, can be denied
the right to participate in a HUD
program or programs. Procedures
governing the nature and scope of
proceedings for the issuance of a
suspension, debarment or limited denial
of participation are set forth in 2 CFR
part 2424 and 2 CFR part 180. Only
certain officials may issue such limited
denials of participation pursuant to the
process in the regulations. [Note: FHAapproved mortgagees are subject to an
independent sanction process set forth
in 24 CFR part 25.]
H. Program Demonstrations
Section III. Single Family Programs—
Authority Redelegated
Periodically, Congress enacts
legislation authorizing HUD to conduct
a program on a demonstration basis. The
purpose of the demonstration is
essential to test the viability of a new
program or product on a limited basis,
e.g., by geography, case volume, or time.
Functions related to demonstration
programs include developing program
criteria, implementing the program,
monitoring activities and results,
preparing any required reports to the
Congress, and closing out the
demonstration program.
As described in the paragraph that
follows this one, the Assistant Secretary
and the General Deputy Assistant
Secretary and the Associate General
Deputy Assistant Secretary retain and
redelegate the following power and
authority: (1) To the Deputy Assistant
Secretary for Single Family Housing and
Associate Deputy Assistant Secretary for
Single Family Housing and (2) through
the above Deputy Assistant Secretary
and Associate Deputy Assistant
Secretary, to the Headquarters Office
Directors and Headquarters Deputy
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Office Directors listed below, and (3)
through the Headquarters Single Family
Office Directors and Deputy Office
Directors, to the Headquarters and Field
Office managers, and certain other
officials;
A. Deputy Assistant Secretary and
Associate Deputy Assistant Secretary,
Office of Single Family Housing
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of all Single
Family Housing programs, including,
but not limited to, the exercise of the
following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions, and to waive any
directive that is not mandated by a
statute or regulation;
2. All production functions related to
mortgage insurance, grant, or other
programs;
3. All loan servicing and loss
mitigation functions, including the
authority to act as a claims collection
officer and to write off or compromise
debt up to $100,000;
4. All quality assurance functions;
5. All functions necessary to
administer grants and cooperative
agreements awarded by the Assistant
Secretary. However, noncompetitive
contract awards proposed by assistance
recipients subject to the administrative
requirements for grants and cooperative
agreements at 24 CFR part 85 may only
be approved by the Assistant Secretary;
6. All functions necessary to carry out
a program conducted on a
demonstration basis;
7. All property disposition functions
8. Authority to conduct hearings
concerning a lender or program
participant’s participation in HUD
programs, and to issue (a) limited
denials of participation, and (b) final
debarment decisions, where a
participant has elected not to contest the
notice of proposed debarment of the
Assistant Secretary; and
9. Authority to perform all source
selection official duties in connection
with Single Family Housing
procurement actions.
directive that is not mandated by a
statute or regulation;
2. All production functions related to
mortgage insurance, grant, or other
programs;
3. All functions necessary to carry out
a cooperative agreement or competitive
or non-competitive grant program,
except for making grantee selections and
approving recipient noncompetitive
contracts; and
4. All functions necessary to carry out
a program conducted on a
demonstration basis.
C. Director, Home Mortgage Insurance
Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by a
statute or regulation;
2. All production functions related to
mortgage insurance, grant, or other
programs; and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
D. Director, Program Support Division,
Office of Single Family Housing
Program Development
Authority is redelegated, on a
nationwide basis, to take all actions and
to perform all functions necessary to the
conduct of the single family housing
programs as follows:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
2. All functions necessary to carry out
a cooperative agreement, competitive or
non-competitive grant program except
for making grantee selections and
approving recipient noncompetitive
contracts; and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
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B. Director and Deputy Director, Office
of Single Family Housing Program
Development
E. Director, Home Valuation Policy
Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
Authority is redelegated, on a
nationwide basis, to take all actions and
to perform all functions necessary to the
conduct of the single family housing
programs, as follows:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
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PO 00000
Frm 00024
Fmt 4701
Sfmt 4703
directive that is not mandated by statute
or regulation;
2. All production functions related to
mortgage insurance, grant, or other
programs; and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
F. Director and Deputy Director, Office
of Single Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
2. Loan servicing and loss mitigation
functions, including the authority to act
as a claims collection officer and to
write off or compromise debt up to
$100,000;
3. All property disposition functions,
other than:
a. Authorizing direct sales under 24
CFR 291.210(c), unless the sale involves
authorizing or originating, but not
terminating, a PIH–REO agreement,
which may be exercised; and
b. Approving and executing an
original Asset Control Area (ACA)
agreement (as opposed to an extension
agreement), terminating an ACA
agreement, and terminating an ACA
participant’s approval to participate in
the ACA program; and
4. All functions necessary to carry out
a program conducted on a
demonstration basis.
G. Director, Single Family Servicing and
Loss Mitigation Division, Office of Single
Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulations; and
2. All loan servicing and loss
mitigation functions, including the
authority to act as a claims collection
officer and to write off or compromise
debt up to $100,000.
H. Director, Asset Management and
Property Disposition Division, Office of
Single Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
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family housing programs in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
2. All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c); and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
I. Director and Deputy Director, Office of
Lender Activities and Program
Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
2. All quality assurance functions,
including lender approval, recertification, and program compliance
functions;
3. Authority to conduct Credit Watch
informal hearings concerning a lender’s
participation in HUD programs;
4. All functions necessary to carry out
a program conducted on a
demonstration basis.
srobinson on DSK4SPTVN1PROD with NOTICES2
J. Director, Lender Approval and ReCertification Division, Office of Lender
Activities and Program Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation; and
2. All functions related to approving
and re-certifying FHA lenders.
K. Director, Quality Assurance Division,
Office of Lender Activities and Program
Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
2. Monitor lender performance and
default and claim rates and to enter into
indemnification agreements; and
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Jkt 226001
3. All quality assurance functions
related to program compliance by
approved FHA lenders;
4. Authority to refer for suspension
and proposed debarment.
L. Director, Mortgagee Review Board
Division, Office of Lender Activities and
Program Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, in relation to
the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions; and
2. All enforcement functions related
to program compliance by FHAapproved lenders.
M. Homeownership Center—Director
and Deputy Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions, and to waive any
directive that is not mandated by a
statute or regulation;
2. All production functions related to
mortgage insurance, grant, or other
programs;
3. Monitoring of lender performance
and default and claim rates and the
entering into of indemnification
agreements;
4. All functions necessary to carry out
a cooperative agreement, competitive or
non-competitive grant program, except
for making grantee selections and
approving recipient noncompetitive
contracts;
5. All functions necessary to carry out
a program conducted on a
demonstration basis;
6. All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c);
7. Authority to issue limited denials
of participation;
8. Authority to refer for suspension
and proposed debarment;
9. Authority pursuant to 24 CFR
200.204(a)(2)(iii) to administer the
appeals process in connection with the
removal of an appraiser from the
appraiser roster and to issue a final
decision concerning an appraisers
removal from the roster; and
10. Authority to perform source
selection official duties in connection
with field-office based single family
housing procurement actions, provided
that the (a) contract amount is less than
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Sfmt 4703
37257
$10 million, and (b) authority is
exercised only by the HOC Director.
N. Homeownership Center—Processing
and Underwriting Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions but not to issue
waivers of directives;
2. All production functions related to
mortgage insurance, grant, or other
programs;
3. All functions necessary to carry out
a program conducted on a
demonstration basis; and
4. Authority pursuant to 24 CFR
200.204(a)(2)(iii) to issue the written
notice of proposed roster removal to an
appraiser.
O. Homeownership Center—Quality
Assurance Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions but not to issue
waivers of directives; and
2. Monitor lender performance and
default and claim rates and to enter into
indemnification agreements.
3. Authority to refer for suspension
and proposed debarment.
P. Homeownership Center—Program
Support Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
1. The general power to sign any
documents to perform enumerated
functions but not to issue waivers of
directives;
2. All functions necessary to carry out
a cooperative agreement, competitive or
non-competitive grant program, except
for making grantee selections and
approving recipient noncompetitive
contracts; and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
Q. Homeownership Center—Real Estate
Owned Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
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actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
1. The general power to sign any
documents necessary to perform
enumerated functions but not to issue
waivers of directives;
2. All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c); and
3. All functions necessary to carry out
a program conducted on a
demonstration basis.
R. Particular Management and
Marketing (M&M) Contractor Officials
srobinson on DSK4SPTVN1PROD with NOTICES2
Authority to execute all documents
necessary in connection with the
management and sale of residential real
property acquired by HUD under its
insured mortgage and asset management
and disposition programs, excluding
indemnification agreements, but
including the authority to acknowledge,
seal, and deliver any agreements of sale,
special warranty deeds, form HUD–1
Settlement Statements, and any other
instrument that may be necessary in
connection with property management
and sales on behalf of the Department,
is redelegated to certain principals and/
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16:33 Jun 19, 2012
Jkt 226001
or officers of HUD’s M&Ms whose
identity will be maintained at its Web
site located at www.hud.gov/offices/hsg/
sfh//reo/reo_home.cfm.
S. Supervisory Housing Program
Specialist, Office of Single Family
Housing’s Caribbean Office
1. The general power to sign any
documents necessary to perform the
property disposition function identified
immediately below and to waive any
directive that is not mandated by statute
or regulation; and
2. The authority to accept
conveyances of title to the Secretary of
one- to- four unit properties.
Section IV. Authority Excepted
The authority redelegated in Section
III.A through S does not include
authority to issue or waive regulations.
Section V. Further Redelegations
The authority redelegated by the
Assistant Secretary for Housing-Federal
Housing Commissioner, the General
Deputy Assistant Secretary-Deputy
Federal Housing Commissioner and the
associate General Deputy Assistant
Secretary for Housing may not be
further redelegated by the officials
identified in Section III.A through S.
PO 00000
Frm 00026
Fmt 4701
Sfmt 9990
Section VI. Revocation of Delegations
All prior redelegations issued by the
Assistant Secretary for Housing to staff
in the Office of Single Family Housing
are hereby superseded. The Assistant
Secretary for Housing-Federal Housing
Commissioner, the General Deputy
Assistant Secretary for Housing-Deputy
Federal Housing Commissioner and the
Associate General Deputy Assistant
Secretary for Housing may, at any time,
revoke any of the authority redelegated
in this notice. Revocation shall be
effective upon the date of removal. With
respect to the officials identified in
Section R, revocation shall be effective
upon removal of the affected principal
or officer’s name from the Web site
referenced in Section R. Notice of any
revocation will be published in the
Federal Register.
Authority: Section 7(d), Department of
Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: June 5, 2012.
Carol J. Galante,
Acting Assistant Secretary for HousingFederal Housing Commissioner.
[FR Doc. 2012–15077 Filed 6–19–12; 8:45 am]
BILLING CODE 4210–67–P
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]]>Agencies
[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Pages 37252-37258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15077]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5557-D-08]
Delegations of Authority for the Office of Housing--Federal
Housing Administration (FHA); Redelegation of Authority Regarding
Single Family Housing Programs
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of revocation and redelegation of authority.
-----------------------------------------------------------------------
SUMMARY: On September 15, 2006, the Assistant Secretary for Housing--
Federal Housing Commissioner issued an up-to-date comprehensive
delegation of authority for single family housing programs. This notice
amends that
[[Page 37253]]
redelegation of authority to reflect changes that have occurred since
that time.
DATES: Effective Date: June 5, 2012.
FOR FURTHER INFORMATION CONTACT: Wanda Sampedro, Special Assistant to
the Deputy Assistant Secretary for the Office of Single Family Housing,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Room 9282, Washington, DC 20410, telephone 202-708-
3175. (This is not a toll-free number). Persons with hearing or speech
impairments may access this number by calling HUD's toll-free Federal
Relay Service number at 800-877-8339.
SUPPLEMENTARY INFORMATION: Section I of this notice sets forth the
organization of the Office of Single Family Housing. This material is
basically the same as that which appeared in the comprehensive
delegations of authority published on October 12, 2006 (71 FR 60173).
However some wording has been changed to clarify the Single Family
organization and functions.
On July 18, 2005, the Assistant Secretary issued a redelegation of
authority to management and marketing contractors (M&Ms) to execute
routine documents necessary for the management and sale of single-
family properties acquired by HUD in connection with its Single Family
Housing Mortgage Insurance Program. The notice of redelegation of
authority was published on July 26, 2005, at 70 FR 43171 and was
incorporated into the comprehensive redelegation of authority of
October 2006 in Section III.Q. Management and Marketing (M&M)
Contractors. This redelegation of authority is continued in this
notice.
On September 17, 2003, the Assistant Secretary issued an
unpublished redelegation of authority to certain staff in the Office of
Housing's Caribbean Office enabling them to carry out duties in
connection with the Single Family Property Disposition Program. In the
usual course, these duties would be carried out by designated officials
in the Atlanta, Georgia, Homeownership Center (HOC). However, local law
in Puerto Rico requires HUD staff in the Caribbean Office to accept
conveyances of title. Accordingly, the redelegation is again
incorporated into the comprehensive redelegation of authority in
Section III.S.
Accordingly, the notice of redelegation of authority for single
family housing programs is amended and updated, as follows:
Section I. Single Family Housing Programs--Office of Housing
Organization
A. Office of Single Family Housing--Headquarters
All Office of Single Family Housing managers, in Headquarters and
the field, report to the Deputy Assistant Secretary for Single Family
Housing and Associate Deputy Assistant Secretary for Single Family
Housing. In Headquarters, there are three major single family housing
offices, each of which are headed by a Director and are comprised of
Divisions. These offices are the following:
The Office of Single Family Housing Program Development: This
office is comprised of three divisions. The Home Mortgage Insurance
Division is generally responsible for developing and implementing
policies, procedures, and guidelines covering the pre-application
through the final endorsement stage of FHA mortgage insurance cases,
including mortgage loan origination and refinancing cases.
The Program Support Division is responsible for: Administering the
Housing Counseling Program under section 106 of the Housing and Urban
Development Act of 1968; administering FHA's nonprofit mortgagor
discount sales and secondary financing programs; maintaining the Single
Family Housing Web site; producing single family housing brochures;
overseeing the marketing of single family housing programs; and
providing a wide variety of technical assistance to the three offices
within the Office of Single Family Housing.
The Home Valuation Policy Division is responsible for managing all
single family property appraisal and valuation requirements. These
functions include oversight and monitoring of appraisers and analyzing
single family property valuation issues, including standards and
policies associated with new construction and property rehabilitation,
and all origination and several servicing policies for administering
the home equity conversion mortgage program.
The Office of Single Family Asset Management: This office is
comprised of two divisions. The first division, the National Servicing
Center (NSC), serves as the operational arm of the Office of Single
Family Asset Management. It provides centralized servicing, loss
mitigation, and operations support for the FHA-insured mortgage
portfolio from the point of loan endorsement through termination. The
NSC has oversight responsibility for the FHA Loss Mitigation Program;
for servicing Secretary-owned first and second mortgages; for providing
default, foreclosure, and loss mitigation activity reporting and
analyses; and for ranking and rating lender servicing and loss
mitigation performance. The NSC works with mortgage servicers and
homeowners to find solutions to avoid foreclosure of FHA-insured loans
and provides direction and training to lenders and Housing Counseling
Agencies, better enabling them to assist homeowners. Although it is a
Headquarters Division, the NSC's staff is out-stationed to Oklahoma
City and Tulsa, Oklahoma. The loan servicing and loss mitigation
functions carried out by the NSC are not delegated to any field office.
The second division, the Asset Management and Disposition Division
(AMDD), is responsible for establishing policy for the servicing of FHA
loans, and the management and marketing of HUD-acquired single family
properties. These policies are promulgated in the form of Regulations,
Mortgagee Letters, and Housing Notices. The scope of these policies
includes but is not limited to escrow requirements, pre-payments, loss
mitigation, and mortgage insurance claims. AMDD is also responsible for
operating HUD's mission programs.
The Office of Lender Activities and Program Compliance (OLAPC):
This office consists of three divisions. Acting as the regulatory
oversight and enforcement entity within the Office of Single Family
Housing, OLAPC executes a three-part risk management strategy comprised
of the following functions:
Evaluating--The Lender Approval and Recertification Division
approves and recertifies qualified lenders to participate in FHA's
mortgage insurance programs.
Monitoring--The Quality Assurance Division (QAD) directs
operational, loan and institutional level risk analysis and review
processes. QAD uses HUD's data systems to analyze and evaluate loans
and mortgagee portfolios to identify performance problems that put the
FHA insurance fund at risk.
Enforcement--The Mortgagee Review Board Division serves as staff
for the Mortgagee Review Board, which takes administrative action
against FHA-approved lenders when there is adequate evidence of serious
violations in the origination, underwriting, or servicing of loans
submitted for FHA insurance.
B. Single Family Housing--Field Office Structure
In order to maximize efficiencies and empower people and
communities, the
[[Page 37254]]
Office of Single Family Housing undertook a major field reorganization
several years ago. Today, the Office of Single Family Housing has
Homeownership Centers (HOCs) in four locations: Atlanta, Georgia;
Denver, Colorado; Philadelphia, Pennsylvania; and Santa Ana,
California. These HOCs are generally responsible for the processing of
cases within their respective geographic jurisdictions, but some
monitoring and review processes are workload balanced across
jurisdictions. In addition, Office of Single Family Housing employees
are out-stationed to locations throughout the United States. Among
other things, these employees work within local communities to perform
marketing and outreach activities to ensure that the public is aware of
and has access to Office of Housing programs. Program support employees
evaluate and provide technical assistance to HUD-approved housing
counseling agencies. Out-stationed employees also perform some
monitoring and review processes.
A uniform structure applies to all of the HOCs. The highest-ranking
official in the HOC is the HOC Director, who is assisted by the HOC
Deputy Director. Functions performed by HOC staff are distributed,
according to type (e.g., production, quality assurance, etc.), among
five Divisions, each of which is headed by a Division Director. The
five HOC Divisions are titled:
(1) Processing and Underwriting;
(2) Quality Assurance;
(3) Program Support;
(4) Real Estate Owned; and
(5) Operations and Customer Service.
Division Directors report to the HOC Director and Deputy Director.
(As is the case in Headquarters, all staff report to the Deputy
Assistant Secretary for Single Family Housing and the Associate Deputy
Assistant Secretary for Single Family Housing.) The chart below
identifies each HOC and its geographic jurisdiction.
------------------------------------------------------------------------
-------------------------------------------------------------------------
Atlanta Homeownership Center
------------------------------------------------------------------------
Atlanta
Jackson
Jacksonville
Knoxville
Greensboro
Indianapolis
Chicago
Orlando
Tampa
Springfield
Memphis
Nashville
Birmingham
Columbia
Miami
Louisville
The Caribbean
------------------------------------------------------------------------
Denver Homeownership Center
------------------------------------------------------------------------
Denver
Casper
Salt Lake City
Des Moines
St. Louis
Oklahoma City
Omaha
Albuquerque
Helena
San Antonio
Tulsa
New Orleans
Shreveport
Fort Worth
Fargo
Sioux Falls
Little Rock
Houston
Kansas City
Lubbock
Dallas
Milwaukee
Minneapolis
------------------------------------------------------------------------
Philadelphia Homeownership Center
------------------------------------------------------------------------
Philadelphia
Albany
New York
Providence
Columbus
Detroit
Syracuse
Cincinnati
Camden
Buffalo
Burlington
Washington, DC
Cleveland
Grand Rapids
Boston
Bangor
Pittsburgh
Richmond
Flint
Manchester
Charleston
Hartford
Baltimore
Wilmington
Newark
------------------------------------------------------------------------
Santa Ana Homeownership Center
------------------------------------------------------------------------
Santa Ana
Fresno
Honolulu
Las Vegas
Los Angeles
Phoenix
Reno
Sacramento
San Diego
San Francisco
Tucson
Seattle
Anchorage
Boise
Portland
Spokane
------------------------------------------------------------------------
Section II. Single Family Programs--Functions
The Office of Single Family Housing is charged with carrying out
duties of the Assistant Secretary, General Deputy Assistant Secretary
and Associate General Deputy Assistant Secretary for Housing as they
relate to single family housing programs set forth in the National
Housing Act and other legislation. This broad range of programs enables
HUD, in concert with program participants in the private and public
sectors, to provide safe, decent, and affordable single family housing
to millions of American families.
Under this delegation, the Assistant Secretary for Housing, General
Deputy Assistant Secretary for Housing and Associate General Deputy
Assistant Secretary for Housing redelegate broad program authority to
the Deputy Assistant Secretary for Single Family Housing and the
Associate Deputy Assistant Secretary for Single Family Housing and
commensurate with their respective duties, Directors in Headquarters
and in the field.
Characterizing the redelegated authority in broad or generic terms
will enable the above Deputy Assistant Secretary for Single Family
Housing and Associate Deputy Assistant Secretary for Single Family
Housing, and Directors in Headquarters and the field, to perform all
functions necessary to accomplish single family housing program tasks
and objectives.
In some past delegation notices, HUD has set forth, in ``laundry
list'' fashion the detailed functions carried out by managers under
generic function headings. However, publishing detailed lists has
proven problematic, as some listed items become obsolete over time,
while other functions are omitted through oversight. Conversely, this
delegation sets forth functions in generic terms, while the preamble
provides insights into the nature of the work performed by managers
with delegated authority under each category. The basic single family
housing program functions and a brief description of each are as
follows:
A. General Authority
This authority allows managers to sign any and all documents
necessary to carry out the business within their program and
geographical jurisdictions. In addition, it allows managers, when
considering a proposal, to waive any directives not mandated by statute
or regulation for good cause and with a written justification.
[[Page 37255]]
B. Production
This function allows a manager with delegated authority to make all
necessary determinations that relate to the insured mortgage process.
Essentially, this category of functions begins with a proposal to
insure a home mortgage and ends with the Department's endorsement of an
insured mortgage. For all insurance programs, it includes, but is not
limited to, such activities as approving direct endorsement lenders'
and monitoring contract reviews; maintaining rosters and other lists of
appraisers, inspectors, and lenders; performing underwriting reviews
for mortgage credit; performing appraisal reviews; performing
architectural field reviews; and setting mortgage limits.
C. Servicing and Loss Mitigation
Servicing and Loss Mitigation functions are intended to ensure the
servicing of the Secretary-held mortgage portfolio; partial claims; the
monitoring of FHA servicers' use of loss mitigation; and, timely
reporting of defaulted, FHA-insured loans. Additional responsibilities
include: writing off or compromising principal debt, up to a maximum of
$100,000; providing on-site and off-site loss mitigation training to
lenders, housing counseling agencies, and other FHA program offices
within HUD; administering the Home Equity Conversion Mortgage (HECM)
program; operating a nationwide call center to respond to questions
concerning loss mitigation and foreclosure relief programs; and
supporting the Department's endeavor against predatory lending
practices.
D. Quality Assurance
Quality assurance functions are intended to ensure that an FHA
lender is in compliance with FHA lending requirements and procedures.
Responsibilities include targeting lenders for review, conducting the
Credit Watch Termination Initiative to identify and take action against
poorly performing lenders, and administering the Neighborhood Watch
Early Warning System, a web-based monitoring tool that allows HUD
staff, lenders, appraisers, concerned citizens and other interested
parties to monitor loan activity in areas as large as the United States
or as small as a local zip code. These mechanisms are used to manage
FHA's counterparty risk and mitigate losses to FHA's insurance funds.
E. Lender Approval and Recertification
Lender approval and recertification functions are the means by
which FHA vets its lender partners and approves them for initial and
continuing participation in FHA programs. Additional responsibilities
include the management of HUD's Institution Master File, which records
all relevant data for FHA-approved lenders and supplies lender data to
more than 20 of FHA's key data systems and the administration of the
Lender Assessment Subsystem for purposes of electronic submission and
storage of the annual audit reports required of lenders seeking renewal
of their FHA lender approval.
F. Enforcement
Enforcement functions protect FHA and its mortgage insurance funds
from fraud and program abuse, and encourage program compliance by FHA-
approved lenders. Via the imposition of civil money penalties and
administrative sanctions against FHA approved lenders and mortgagees
who knowingly and materially violate FHA program statutes, regulations
and handbook requirements, FHA ensures compliance with HUD requirements
and protects FHA's insurance funds from unwarranted risks and losses.
G. Grants
In any given year Congress may authorize funds for grant programs.
The Assistant Secretary is the Grant Officer and thus the sole official
responsible for making grantee selections. Grant functions include
developing criteria for grant applications, rating and ranking
proposals, and selecting government technical representatives to
oversee performance under the grant contracts. Once a grant is awarded,
functions include monitoring a grantee's compliance with the agreement,
modifying a grant, terminating a grant for non-compliance, and closing
out a grant in the usual course. The Assistant Secretary retains and
does not delegate the authority of the Grant Officer.
H. Program Demonstrations
Periodically, Congress enacts legislation authorizing HUD to
conduct a program on a demonstration basis. The purpose of the
demonstration is essential to test the viability of a new program or
product on a limited basis, e.g., by geography, case volume, or time.
Functions related to demonstration programs include developing program
criteria, implementing the program, monitoring activities and results,
preparing any required reports to the Congress, and closing out the
demonstration program.
I. Property Disposition
Section 204(g) of the National Housing Act (12 U.S.C. 1710)
addresses the management and disposition of HUD-acquired single family
properties. HUD's implementing regulations are found in 24 CFR part
291, entitled Disposition of HUD-acquired single family property. Under
these statutory and regulatory authorities, HUD is charged with
implementing a program of sales of HUD-acquired properties, along with
appropriate credit terms and standards to be used in carrying out the
program. Beginning with this notice, the Assistant Secretary
redelegates the authority under 24 CFR 291.210(c), entitled Direct
Sales to individuals or entities, to the Deputy Assistant Secretary for
Single Family Housing.
Most of HUD's single family property disposition functions occur
after HUD has acquired title to a property; some, however, occur during
the pre-acquisition period. Principal disposition functions include,
but are not limited to:
(1) Oversight monitoring,
(2) Mortgage compliance management,
(3) Field service management, and
(4) Asset management.
J. Suspensions, Debarments and Limited Denials of Participation
A participant or contractor or affiliate, other than a mortgagee,
who fails to comply with HUD program regulations, rules, and/or
procedures, can be denied the right to participate in a HUD program or
programs. Procedures governing the nature and scope of proceedings for
the issuance of a suspension, debarment or limited denial of
participation are set forth in 2 CFR part 2424 and 2 CFR part 180. Only
certain officials may issue such limited denials of participation
pursuant to the process in the regulations. [Note: FHA-approved
mortgagees are subject to an independent sanction process set forth in
24 CFR part 25.]
Section III. Single Family Programs--Authority Redelegated
As described in the paragraph that follows this one, the Assistant
Secretary and the General Deputy Assistant Secretary and the Associate
General Deputy Assistant Secretary retain and redelegate the following
power and authority: (1) To the Deputy Assistant Secretary for Single
Family Housing and Associate Deputy Assistant Secretary for Single
Family Housing and (2) through the above Deputy Assistant Secretary and
Associate Deputy Assistant Secretary, to the Headquarters Office
Directors and Headquarters Deputy
[[Page 37256]]
Office Directors listed below, and (3) through the Headquarters Single
Family Office Directors and Deputy Office Directors, to the
Headquarters and Field Office managers, and certain other officials;
A. Deputy Assistant Secretary and Associate Deputy Assistant Secretary,
Office of Single Family Housing
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of all Single Family Housing programs,
including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions, and to waive any directive that is not mandated
by a statute or regulation;
2. All production functions related to mortgage insurance, grant,
or other programs;
3. All loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000;
4. All quality assurance functions;
5. All functions necessary to administer grants and cooperative
agreements awarded by the Assistant Secretary. However, noncompetitive
contract awards proposed by assistance recipients subject to the
administrative requirements for grants and cooperative agreements at 24
CFR part 85 may only be approved by the Assistant Secretary;
6. All functions necessary to carry out a program conducted on a
demonstration basis;
7. All property disposition functions
8. Authority to conduct hearings concerning a lender or program
participant's participation in HUD programs, and to issue (a) limited
denials of participation, and (b) final debarment decisions, where a
participant has elected not to contest the notice of proposed debarment
of the Assistant Secretary; and
9. Authority to perform all source selection official duties in
connection with Single Family Housing procurement actions.
B. Director and Deputy Director, Office of Single Family Housing
Program Development
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
a statute or regulation;
2. All production functions related to mortgage insurance, grant,
or other programs;
3. All functions necessary to carry out a cooperative agreement or
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts; and
4. All functions necessary to carry out a program conducted on a
demonstration basis.
C. Director, Home Mortgage Insurance Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
a statute or regulation;
2. All production functions related to mortgage insurance, grant,
or other programs; and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
D. Director, Program Support Division, Office of Single Family Housing
Program Development
Authority is redelegated, on a nationwide basis, to take all
actions and to perform all functions necessary to the conduct of the
single family housing programs as follows:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program except for making grantee
selections and approving recipient noncompetitive contracts; and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
E. Director, Home Valuation Policy Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a nationwide basis, to take all
actions and to perform all functions necessary to the conduct of the
single family housing programs, as follows:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. All production functions related to mortgage insurance, grant,
or other programs; and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
F. Director and Deputy Director, Office of Single Family Asset
Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. Loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000;
3. All property disposition functions, other than:
a. Authorizing direct sales under 24 CFR 291.210(c), unless the
sale involves authorizing or originating, but not terminating, a PIH-
REO agreement, which may be exercised; and
b. Approving and executing an original Asset Control Area (ACA)
agreement (as opposed to an extension agreement), terminating an ACA
agreement, and terminating an ACA participant's approval to participate
in the ACA program; and
4. All functions necessary to carry out a program conducted on a
demonstration basis.
G. Director, Single Family Servicing and Loss Mitigation Division,
Office of Single Family Asset Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulations; and
2. All loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000.
H. Director, Asset Management and Property Disposition Division, Office
of Single Family Asset Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single
[[Page 37257]]
family housing programs in relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. All property disposition functions other than authorizing direct
sales under 24 CFR 291.210(c); and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
I. Director and Deputy Director, Office of Lender Activities and
Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. All quality assurance functions, including lender approval, re-
certification, and program compliance functions;
3. Authority to conduct Credit Watch informal hearings concerning a
lender's participation in HUD programs;
4. All functions necessary to carry out a program conducted on a
demonstration basis.
J. Director, Lender Approval and Re-Certification Division, Office of
Lender Activities and Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation; and
2. All functions related to approving and re-certifying FHA
lenders.
K. Director, Quality Assurance Division, Office of Lender Activities
and Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
2. Monitor lender performance and default and claim rates and to
enter into indemnification agreements; and
3. All quality assurance functions related to program compliance by
approved FHA lenders;
4. Authority to refer for suspension and proposed debarment.
L. Director, Mortgagee Review Board Division, Office of Lender
Activities and Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, in
relation to the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions; and
2. All enforcement functions related to program compliance by FHA-
approved lenders.
M. Homeownership Center--Director and Deputy Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
1. The general power to sign any documents necessary to perform
enumerated functions, and to waive any directive that is not mandated
by a statute or regulation;
2. All production functions related to mortgage insurance, grant,
or other programs;
3. Monitoring of lender performance and default and claim rates and
the entering into of indemnification agreements;
4. All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts;
5. All functions necessary to carry out a program conducted on a
demonstration basis;
6. All property disposition functions other than authorizing direct
sales under 24 CFR 291.210(c);
7. Authority to issue limited denials of participation;
8. Authority to refer for suspension and proposed debarment;
9. Authority pursuant to 24 CFR 200.204(a)(2)(iii) to administer
the appeals process in connection with the removal of an appraiser from
the appraiser roster and to issue a final decision concerning an
appraisers removal from the roster; and
10. Authority to perform source selection official duties in
connection with field-office based single family housing procurement
actions, provided that the (a) contract amount is less than $10
million, and (b) authority is exercised only by the HOC Director.
N. Homeownership Center--Processing and Underwriting Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
1. The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives;
2. All production functions related to mortgage insurance, grant,
or other programs;
3. All functions necessary to carry out a program conducted on a
demonstration basis; and
4. Authority pursuant to 24 CFR 200.204(a)(2)(iii) to issue the
written notice of proposed roster removal to an appraiser.
O. Homeownership Center--Quality Assurance Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
1. The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives; and
2. Monitor lender performance and default and claim rates and to
enter into indemnification agreements.
3. Authority to refer for suspension and proposed debarment.
P. Homeownership Center--Program Support Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
1. The general power to sign any documents to perform enumerated
functions but not to issue waivers of directives;
2. All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts; and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
Q. Homeownership Center--Real Estate Owned Division Director
Authority is redelegated, within their respective jurisdictions, to
take all
[[Page 37258]]
actions necessary to the conduct of all single family housing programs
including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives;
2. All property disposition functions other than authorizing direct
sales under 24 CFR 291.210(c); and
3. All functions necessary to carry out a program conducted on a
demonstration basis.
R. Particular Management and Marketing (M&M) Contractor Officials
Authority to execute all documents necessary in connection with the
management and sale of residential real property acquired by HUD under
its insured mortgage and asset management and disposition programs,
excluding indemnification agreements, but including the authority to
acknowledge, seal, and deliver any agreements of sale, special warranty
deeds, form HUD-1 Settlement Statements, and any other instrument that
may be necessary in connection with property management and sales on
behalf of the Department, is redelegated to certain principals and/or
officers of HUD's M&Ms whose identity will be maintained at its Web
site located at www.hud.gov/offices/hsg/sfh//reo/reo_home.cfm.
S. Supervisory Housing Program Specialist, Office of Single Family
Housing's Caribbean Office
1. The general power to sign any documents necessary to perform the
property disposition function identified immediately below and to waive
any directive that is not mandated by statute or regulation; and
2. The authority to accept conveyances of title to the Secretary of
one- to- four unit properties.
Section IV. Authority Excepted
The authority redelegated in Section III.A through S does not
include authority to issue or waive regulations.
Section V. Further Redelegations
The authority redelegated by the Assistant Secretary for Housing-
Federal Housing Commissioner, the General Deputy Assistant Secretary-
Deputy Federal Housing Commissioner and the associate General Deputy
Assistant Secretary for Housing may not be further redelegated by the
officials identified in Section III.A through S.
Section VI. Revocation of Delegations
All prior redelegations issued by the Assistant Secretary for
Housing to staff in the Office of Single Family Housing are hereby
superseded. The Assistant Secretary for Housing-Federal Housing
Commissioner, the General Deputy Assistant Secretary for Housing-Deputy
Federal Housing Commissioner and the Associate General Deputy Assistant
Secretary for Housing may, at any time, revoke any of the authority
redelegated in this notice. Revocation shall be effective upon the date
of removal. With respect to the officials identified in Section R,
revocation shall be effective upon removal of the affected principal or
officer's name from the Web site referenced in Section R. Notice of any
revocation will be published in the Federal Register.
Authority: Section 7(d), Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: June 5, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 2012-15077 Filed 6-19-12; 8:45 am]
BILLING CODE 4210-67-P
