Current through November 30, 2024
Section 30.36 - Other participants in FHA programs(a)General. The Assistant Secretary for Housing-Federal Housing Commissioner (or his/her designee) may initiate a civil money penalty action against any principal, officer, or employee of a mortgagee or lender, or other participants in either a mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act, or a provider of assistance to the borrower in connection with any such mortgage or loan, including:(8) Sponsored third-party originators;(b)Knowing and material violations. The Assistant Secretary for Housing-Federal Housing Commissioner or his/her designee may impose a civil penalty on any person or entity identified in paragraph (a) of this section who knowingly and materially:(1) Submits false information to the Secretary in connection with any mortgage insured under the National Housing Act (12 U.S.C. 1701 et seq.), or any loan that is covered by a contract of insurance under title I of the National Housing Act;(2) Falsely certifies to the Secretary or submits a false certification by another person or entity to the Secretary in connection with any mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act; or(3) Is a loan dealer and fails to submit to the Secretary information which is required by regulations or directives in connection with any loan that is covered by a contract of insurance under title I of the National Housing Act.(c)Amount of penalty. The maximum penalty is $12,249 for each violation, up to a limit of $2,449,575 for all violations committed during any one-year period. Each violation shall constitute a separate violation as to each mortgage or loan application. 65 FR 9087 , Feb. 23, 2000, as amended at 72 FR 5588 , Feb. 6, 2007; 77 FR 51468 , Aug. 24, 2012; 78 FR 4059 , Jan. 18, 2013; 81 FR 38935 , June 15, 2016; 82 FR 24524 , May 30, 2017; 83 FR 32793 , July 16, 2018; 84 FR 9453 , Mar. 15, 2019; 85 FR 13044 , Mar. 6, 2020; 86 FR 14373 , Mar. 16, 2021; 87 FR 24420 , Apr. 26, 2022; 88 FR 9748 , Feb. 15, 2023 81 FR 38935 , 8/16/2016; 82 FR 24524 , 6/29/2017; 83 FR 32793 , 8/15/2018; 84 FR 9453 , 4/15/2019; 85 FR 13044 , 4/6/2020; 86 FR 14373 , 4/15/2021; 87 FR 24420 , 5/26/2022; 88 FR 9748 , 3/17/2023; 89 FR 13616 , 3/25/2024