Current through October 31, 2024
Section 30.60 - Dealers or sponsored third-party originators(a)General. The Assistant Secretary for Housing-Federal Housing Commissioner, or his or her designee, may initiate a civil money penalty action against any dealer or sponsored third-party originator that violates section 2(b)(7) of the National Housing Act (12 U.S.C. 1703 ). Such violations include, but are not limited to:(1) Falsifying information on an application for dealer approval or reapproval submitted to a lender;(2) Falsifying statements on a HUD credit application, improvement contract, note, security instrument, completion certificate, or other loan document;(3) Failing to sign a credit application if the dealer or sponsored third-party originator assisted the borrower in completing the application;(4) Falsely certifying to a lender that the loan proceeds have been or will be spent on eligible improvements;(5) Falsely certifying to a lender that the property improvements have been completed;(6) Falsely certifying that a borrower has not been given or promised any cash payment, rebate, cash bonus, or anything of more than nominal value as an inducement to enter into a loan transaction;(7) Making a false representation to a lender with respect to the creditworthiness of a borrower or the eligibility of the improvements for which a loan is sought.(b)Continuing violation. Each day that a violation continues shall constitute a separate violation.(c)Amount of penalty. The maximum penalty is $12,249 for each violation, up to a limit for any particular person of $2,449,575 during any one-year period.61 FR 50215, Sept. 24, 1996, as amended at 68 FR 12788 , Mar. 17, 2003; 72 FR 5588 , Feb. 6, 2007; 77 FR 51467 , 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