30-Day Notice of Proposed Information Collection: Application for FHA Insured Mortgages; OMB Control No.: 2502-0059, 29959-29961 [2020-10659]
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Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Notices
notice. It is not for individual case
status inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online, available at the USCIS website
at https://www.uscis.gov, or call the
USCIS Contact Center at 800–375–5283
(TTY 800–767–1833).
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2007–0038 in the search box. All
submissions will be posted, without
change, to the Federal eRulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
VerDate Sep<11>2014
17:57 May 18, 2020
Jkt 250001
(2) Title of the Form/Collection:
Application to Extend/Change
Nonimmigrant Status.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–539
and I–539A; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. This form will be used for
nonimmigrants to apply for an
extension of stay, for a change to
another nonimmigrant classification, or
for obtaining V nonimmigrant
classification.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection Form I–539 (paper) is 149,800
and the estimated hour burden per
response is 2.38 hours, the estimated
total number of respondents for the
information collection I–539 (electronic)
is 64,200 and the estimated hour burden
per response is 1.083 hours; and the
estimated total number of respondents
for the information collection I–539A is
98,566 and the estimated hour burden
per response is 0.583 hours; biometrics
processing is 312,566 total respondents
requiring an estimated 1.17 hours per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 849,219 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $48,235,600.
Dated: May 14, 2020.
Samantha L Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2020–10766 Filed 5–18–20; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–22]
30-Day Notice of Proposed Information
Collection: Application for FHA
Insured Mortgages; OMB Control No.:
2502–0059
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
PO 00000
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29959
HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: June 18,
2020.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
Start Printed Page 15501PRAMain. Find
this particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, US Department of
Housing and Urban Development, 451
7th Street SW, Room 4176, Washington,
DC 20410–5000; telephone 202–402–
3400 (this is not a toll-free number) or
email at Colette.Pollard@hud.gov.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard. Stakeholders may also
view the proposed certification at:
https://www.hud.gov/program_offices/
housing/sfh/SFH_policy_drafts.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A. The Federal Register notice
that solicited public comment on the
information collection for a period of 60
days was published on October 25, 2019
at 84 FR 57464.
SUMMARY:
A. Overview of Information Collection
Title of Information Collection:
Application for FHA Insured Mortgages.
OMB Approval Number: 2502–0059.
Type of Request: Revision of currently
approved collection.
Form Number: HUD–92900–A, HUD–
92900–B, HUD–92900–LT, HUD–92561,
Model Notice for Informed Consumer
Choice Disclosure, Model Pre-Insurance
Review/Checklist, Settlement
Certification (previously known as
Addendum to HUD–1) and HUD–92544.
Description of the need for the
information and proposed use: Specific
forms and related documents are needed
to determine the eligibility of the
borrower and proposed mortgage
transaction for FHA’s insurance
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29960
Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Notices
endorsement. The Uniform Residential
Loan Application (URLA) and form
HUD–92900–A (Addendum to the
URLA) are used in every case by the
lender to make application for FHA
mortgage insurance. Together they
describe the parties involved, the
property, and the conditions and terms
on which the mortgage insurance will
be based. The form HUD–92900–A was
updated to: Revise certifications to
reflect regulations and other legal
requirements; ensure accuracy of
information provided to FHA; reduce
uncertainty in the industry; maintain
the ability to enforce FHA program
requirements; and remove VA
requirements and certifications from the
92900–A. Lenders seeking FHA’s
insurance prepare certain forms to
collect data.
Respondents (i.e. affected public):
Individuals (loan applicants) and
Business or other for-profit (lenders).
Estimated Number of Respondents:
15,871.
Estimated Number of Responses:
5,798,629.
Frequency of Response:
365.3631781236.
Average Hours per Response:
0.1194309943.
Total Estimated Burdens: 692,542.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility.
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
VerDate Sep<11>2014
17:57 May 18, 2020
Jkt 250001
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
D. Summary of Form HUD–92900–A
Comments and HUD Responses
Comment: A commenter requested
copies of all forms included in the
collection for review.
HUD Response: HUD emailed the
requested forms to the commenter.
Comment: A commenter asked how
these changes would impact the
Veteran’s Administration URLA, VA
Form 26–1802a.
HUD Response: HUD and the
Department of Veterans Affairs (VA)
both use the HUD/VA Addendum to
Uniform Residential Application, but
the form has two different form numbers
and expiration dates. VA uses VA Form
26–1802a, which expires 02/29/2020
and HUD uses Form HUD–99200–A,
which expires on 09/30/2022. HUD has
notified VA that it was making changes
to HUD’s version of the form to ensure
accuracy of information provided to
HUD; reduce uncertainty in the
industry; and maintain the ability to
enforce HUD program requirements by
customizing the requirements and loanlevel certifications. Once, HUD’s
changes are final and effective, the form
HUD–92900–A must be used for HUD
loans. However, these changes do not
affect VA form 26–1802a. HUD does not
have any information on the status of
VA Form 26–1802a.
Comment: A commenter shared their
expectation that the revised loan-level
certification, along with related reforms,
will increase borrower access to FHA
mortgage credit, encourage depository
institutions to return to FHA lending,
and maximize compliance with FHA
requirements.
HUD Response: HUD appreciates this
feedback and shares the expectations for
increased access to and compliance
with FHA requirements.
Comment: A commenter suggested
that HUD add a knowledge qualifier in
the Loan Level Certification by
replacing ‘‘I certify that the statements
above are materially correct.’’ with ‘‘I
certify, to the best of my knowledge,
that the above statements are materially
correct.’’
HUD Response: HUD appreciates this
comment. HUD does not believe the
knowledge qualifier should be included
in the certification statement because
the Department has already committed
to taking into account knowledge as part
of the Defect Taxonomy, which provides
the framework for the evaluation of all
defects in loan origination.
PO 00000
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Comment: A commenter suggested
that the proposed Loan-Level
Certification is too inclusive because the
referenced sections are overbroad. The
Commenter suggested editing the
certification to read ‘‘to the extent that
no material defect exists in connection
with the underwriting of this mortgage
such that the approval is inconsistent
with the Handbook Section and with
FHA standards, policies and guidance.’’
HUD Response: HUD appreciates this
comment. HUD does not believe the
suggested language is necessary because
the certification as proposed by HUD
already captures the approval of the
mortgage in accordance with FHA
requirements and also provides that
analysis of any defect would be made in
light of the Defect Taxonomy. HUD does
not believe that any greater clarity is
afforded by the language proffered by
the commenter.
Comment: A commenter stated that
the Certification’s references to the HUD
Defect Taxonomy creates an ambiguity
that suggests that the Taxonomy defines
the limit of mortgagee liability only
when the Department is involved. To be
consistent with the Taxonomy and to
support the program and mortgagees,
the Commenter recommends that the
reference should be more generic.
HUD Response: HUD does not believe
that the reference to the Defect
Taxonomy creates any ambiguity.
HUD’s Defect Taxonomy does not itself
establish or limit liability for violations
of HUD requirements, rather the Defect
Taxonomy demonstrates HUD’s
commitment to evaluation of any
defects within the confines of the
framework of the Taxonomy.
Comment: A commenter provided
their support for HUD’s MOU with DOJ
and offered assistance with
implementation. Specifically the
commenter suggested that the
Department: (1) Define the numerical
trigger that accounts for differences in
lender size and volume, along with
attaching a defined time period over
which the trigger will be assessed; and
(2) clarify that ‘‘aggravating factors’’
means ‘‘systematic and widespread
violations’’ and only ones that form a
‘‘pattern’’ of violations; and (3)
specifically define the term ‘‘violation’’
to clarify that it means a final
Department finding.
HUD Response: HUD appreciates the
comment, but this issue is outside of the
proposed information collection in this
notice.
Comment: A commenter stated that
under the MOU, the MRB will play an
outsized role in acting as gatekeeper and
administrator of the new focus on
administrative enforcement, rather than
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Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Notices
on abusive FCA suits. The Commenter
welcomes this development but believes
with that increased role comes a need to
design an MRB process that is open, fair
to lenders, and transparent.
HUD Response: HUD appreciates the
comment, but this issue is outside of the
proposed information collection in this
notice.
Dated: May 13, 2020.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2020–10659 Filed 5–18–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6209–N–01]
Credit Watch Termination Initiative;
Termination of Direct Endorsement
(DE) Approval
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD).
ACTION: Notice.
AGENCY:
This notice advises of the
cause and effect of termination of Direct
Endorsement (DE) approval 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 that
have had their DE Approval terminated.
FOR FURTHER INFORMATION CONTACT:
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–
5997 (this is not a toll-free number).
Persons with hearing or speech
impairments may access that number
through TTY by calling the Federal
Relay at (800) 877–8339 (this is a tollfree number).
SUPPLEMENTARY INFORMATION: HUD has
the authority to address deficiencies in
SUMMARY:
the performance of lenders’ loans as
provided in HUD’s mortgagee approval
regulations at 24 CFR 202.3. On May 17,
1999, HUD published a notice (64 FR
26769) 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 notice, HUD
advised that it would publish in the
Federal Register a list of mortgagees
that have had their Approval
Agreements terminated. HUD Handbook
4000.1 section V.E.3.a.iii outlines
current procedures for terminating
Underwriting Authority of Direct
Endorsement mortgagees.
Termination of Direct Endorsement
Approval: HUD approval of a DE
mortgagee authorizes the mortgagee to
underwrite single family mortgage loans
and submit them to FHA for insurance
endorsement. The approval may be
terminated on the basis of poor
performance of FHA-insured mortgage
loans underwritten by the mortgagee.
The termination of a mortgagee’s DE
Approval is separate and apart from any
action taken by HUD’s Mortgagee
Review Board under HUD regulations at
24 CFR part 25.
Cause: HUD regulations permit HUD
to terminate the DE Approval of 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 that exceeds the
national default and claim rate for
insured mortgages.
Effect: Termination of DE Approval
precludes the mortgagee from
underwriting FHA-insured single-family
mortgages within the HUD field office
jurisdiction(s) listed in this notice.
Mortgagees authorized to 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 those
already underwritten and approved by a
DE underwriter and cases covered by a
firm commitment issued by HUD. Cases
at earlier stages of processing cannot be
submitted for insurance by the
terminated mortgagee; however, the
cases may be transferred for completion
of processing and underwriting to
another mortgagee with DE Approval in
that geographic area. Mortgagees must
continue to pay existing insurance
premiums and meet all other obligations
associated with insured mortgages.
A terminated mortgagee may apply for
reinstatement if their DE Approval in
the affected area or areas has been
terminated for at least six months and
the mortgagee continues to be an
approved mortgagee meeting the
requirements of 24 CFR 202.5, 202.6,
202.7, 202.10 and 202.12. The
mortgagee’s application for
reinstatement must be in a format
prescribed by the Secretary and signed
by the mortgagee. In addition, the
application must be accompanied by an
independent analysis 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
analysis must be prepared 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
reinstatement must be submitted
through the Lender Electronic
Assessment Portal (LEAP). The
application must be accompanied by the
CPA’s report and the corrective action
plan.
Action: The following mortgagees
have had their DE Approval terminated
by HUD:
Termination
effective date
Mortgagee name
Mortgagee home office address
HUD office jurisdiction
Independent Bank .................
3111 Unicorn Lake Boulevard, Suite 120,
Denton, TX 76210–0118.
San Antonio ..........................
The Deputy Assistant Secretary for
Housing—Federal Housing
Commissioner, Brian D. Montgomery,
having reviewed and approved this
document, is delegating the authority to
electronically sign this document to
VerDate Sep<11>2014
17:57 May 18, 2020
Jkt 250001
submitter, Aaron Santa Anna, who is
the Federal Register Liaison for HUD,
for purposes of publication in the
Federal Register.
PO 00000
4/3/2020
Homeownership
center
Denver.
Dated: May 13, 2020.
Aaron Santa Anna,
Federal Register Liaison for the Department
of Housing and Urban Development.
[FR Doc. 2020–10660 Filed 5–18–20; 8:45 am]
BILLING CODE 4210–67–P
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]]>Agencies
[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Notices]
[Pages 29959-29961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10659]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7024-N-22]
30-Day Notice of Proposed Information Collection: Application for
FHA Insured Mortgages; OMB Control No.: 2502-0059
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD has submitted the proposed information collection
requirement described below to the Office of Management and Budget
(OMB) for review, in accordance with the Paperwork Reduction Act. The
purpose of this notice is to allow for an additional 30 days of public
comment.
DATES: Comments Due Date: June 18, 2020.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/Start Printed Page
15501PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, US Department of
Housing and Urban Development, 451 7th Street SW, Room 4176,
Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-
free number) or email at [email protected]. Persons with hearing
or speech impairments may access this number through TTY by calling the
toll-free Federal Relay Service at (800) 877-8339. Copies of available
documents submitted to OMB may be obtained from Ms. Pollard.
Stakeholders may also view the proposed certification at: https://www.hud.gov/program_offices/housing/sfh/SFH_policy_drafts.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A. The Federal Register notice that solicited public comment on
the information collection for a period of 60 days was published on
October 25, 2019 at 84 FR 57464.
A. Overview of Information Collection
Title of Information Collection: Application for FHA Insured
Mortgages.
OMB Approval Number: 2502-0059.
Type of Request: Revision of currently approved collection.
Form Number: HUD-92900-A, HUD-92900-B, HUD-92900-LT, HUD-92561,
Model Notice for Informed Consumer Choice Disclosure, Model Pre-
Insurance Review/Checklist, Settlement Certification (previously known
as Addendum to HUD-1) and HUD-92544.
Description of the need for the information and proposed use:
Specific forms and related documents are needed to determine the
eligibility of the borrower and proposed mortgage transaction for FHA's
insurance
[[Page 29960]]
endorsement. The Uniform Residential Loan Application (URLA) and form
HUD-92900-A (Addendum to the URLA) are used in every case by the lender
to make application for FHA mortgage insurance. Together they describe
the parties involved, the property, and the conditions and terms on
which the mortgage insurance will be based. The form HUD-92900-A was
updated to: Revise certifications to reflect regulations and other
legal requirements; ensure accuracy of information provided to FHA;
reduce uncertainty in the industry; maintain the ability to enforce FHA
program requirements; and remove VA requirements and certifications
from the 92900-A. Lenders seeking FHA's insurance prepare certain forms
to collect data.
Respondents (i.e. affected public): Individuals (loan applicants)
and Business or other for-profit (lenders).
Estimated Number of Respondents: 15,871.
Estimated Number of Responses: 5,798,629.
Frequency of Response: 365.3631781236.
Average Hours per Response: 0.1194309943.
Total Estimated Burdens: 692,542.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility.
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
(5) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
HUD encourages interested parties to submit comment in response to
these questions.
C. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35.
D. Summary of Form HUD-92900-A Comments and HUD Responses
Comment: A commenter requested copies of all forms included in the
collection for review.
HUD Response: HUD emailed the requested forms to the commenter.
Comment: A commenter asked how these changes would impact the
Veteran's Administration URLA, VA Form 26-1802a.
HUD Response: HUD and the Department of Veterans Affairs (VA) both
use the HUD/VA Addendum to Uniform Residential Application, but the
form has two different form numbers and expiration dates. VA uses VA
Form 26-1802a, which expires 02/29/2020 and HUD uses Form HUD-99200-A,
which expires on 09/30/2022. HUD has notified VA that it was making
changes to HUD's version of the form to ensure accuracy of information
provided to HUD; reduce uncertainty in the industry; and maintain the
ability to enforce HUD program requirements by customizing the
requirements and loan-level certifications. Once, HUD's changes are
final and effective, the form HUD-92900-A must be used for HUD loans.
However, these changes do not affect VA form 26-1802a. HUD does not
have any information on the status of VA Form 26-1802a.
Comment: A commenter shared their expectation that the revised
loan-level certification, along with related reforms, will increase
borrower access to FHA mortgage credit, encourage depository
institutions to return to FHA lending, and maximize compliance with FHA
requirements.
HUD Response: HUD appreciates this feedback and shares the
expectations for increased access to and compliance with FHA
requirements.
Comment: A commenter suggested that HUD add a knowledge qualifier
in the Loan Level Certification by replacing ``I certify that the
statements above are materially correct.'' with ``I certify, to the
best of my knowledge, that the above statements are materially
correct.''
HUD Response: HUD appreciates this comment. HUD does not believe
the knowledge qualifier should be included in the certification
statement because the Department has already committed to taking into
account knowledge as part of the Defect Taxonomy, which provides the
framework for the evaluation of all defects in loan origination.
Comment: A commenter suggested that the proposed Loan-Level
Certification is too inclusive because the referenced sections are
overbroad. The Commenter suggested editing the certification to read
``to the extent that no material defect exists in connection with the
underwriting of this mortgage such that the approval is inconsistent
with the Handbook Section and with FHA standards, policies and
guidance.''
HUD Response: HUD appreciates this comment. HUD does not believe
the suggested language is necessary because the certification as
proposed by HUD already captures the approval of the mortgage in
accordance with FHA requirements and also provides that analysis of any
defect would be made in light of the Defect Taxonomy. HUD does not
believe that any greater clarity is afforded by the language proffered
by the commenter.
Comment: A commenter stated that the Certification's references to
the HUD Defect Taxonomy creates an ambiguity that suggests that the
Taxonomy defines the limit of mortgagee liability only when the
Department is involved. To be consistent with the Taxonomy and to
support the program and mortgagees, the Commenter recommends that the
reference should be more generic.
HUD Response: HUD does not believe that the reference to the Defect
Taxonomy creates any ambiguity. HUD's Defect Taxonomy does not itself
establish or limit liability for violations of HUD requirements, rather
the Defect Taxonomy demonstrates HUD's commitment to evaluation of any
defects within the confines of the framework of the Taxonomy.
Comment: A commenter provided their support for HUD's MOU with DOJ
and offered assistance with implementation. Specifically the commenter
suggested that the Department: (1) Define the numerical trigger that
accounts for differences in lender size and volume, along with
attaching a defined time period over which the trigger will be
assessed; and (2) clarify that ``aggravating factors'' means
``systematic and widespread violations'' and only ones that form a
``pattern'' of violations; and (3) specifically define the term
``violation'' to clarify that it means a final Department finding.
HUD Response: HUD appreciates the comment, but this issue is
outside of the proposed information collection in this notice.
Comment: A commenter stated that under the MOU, the MRB will play
an outsized role in acting as gatekeeper and administrator of the new
focus on administrative enforcement, rather than
[[Page 29961]]
on abusive FCA suits. The Commenter welcomes this development but
believes with that increased role comes a need to design an MRB process
that is open, fair to lenders, and transparent.
HUD Response: HUD appreciates the comment, but this issue is
outside of the proposed information collection in this notice.
Dated: May 13, 2020.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information
Officer.
[FR Doc. 2020-10659 Filed 5-18-20; 8:45 am]
BILLING CODE P
