The
''Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1999'' was signed by
the President on October 27, 1998. The Act included the authority
for HUD to impose a penalty of three times the amount of insurance
benefits claimed by the mortgagee with respect to any mortgage for
which the mortgagee failed to engage in loss mitigation activities.The
penalty has been codified at Title 12 of the US Code, Section 1735f-14.
The text reads in part:
"...In
the case of mortgagee's failure to engage in loss mitigation activities,
as provided in section 536(b)(1)(I)[12 USCA Section 1735f-14(b)(1)(I)],
the penalty shall be in the amount of three times the amount of
any insurance benefits claimed by the mortgagee with respect to
any mortgage for which the mortgagee failed to engage in such loss
mitigation actions."
The
Proposed
Rule was published in the Federal Register on April 14, 2004,
following the publication of an Advance
Notice of Proposed Rulemaking (ANPR) and takes into consideration
public comments received on the ANPR.
Interested
persons are invited to submit comments regarding this rule in accordance
with the instructions found in the Proposed Rule.
Further
information about the implementation of this sanction will be provided
as it becomes available.
Questions
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