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75210 Federal Register / Vol. 70, No.

242 / Monday, December 19, 2005 / Notices

Control Number and should be sent to: respondents, frequency of response, and 1. Accent Mortgage Services, Inc.,
Wayne Eddins, Reports Management hours of response: The estimated total Alpharetta, GA [Docket No. 03–3219–
Officer, Department of Housing and number of hours needed to prepare the MR]
Urban Development, 451 7th Street, information collection is 12.50, the Action: On September 12, 2005, the
SW., L’Enfant Plaza Building, Room number of respondents is 600 generating Board issued a letter to Accent Mortgage
8001, Washington, DC 20410 or 25 annual responses, the frequency of Services, Inc. (Accent), withdrawing its
Wayne_Eddins@hud.gov. response is on occasion, and the time to HUD/FHAapproval for five years. The
FOR FURTHER INFORMATION CONTACT: Joe prepare per response is 30 minutes. Board also voted to impose a civil
McCloskey, Director, Office of Single Status of the proposed information money penalty in the amount of $6,500.
Family Asset Management, Department collection: This is an extension of a Cause: The Board took this action
of Housing and Urban Development, currently approved collection. because Accent failed to comply with
451 7th Street SW., Washington, DC Authority: The Paperwork Reduction Act the terms of a Settlement Agreement
20410, telephone (202) 708–1672 (this is of 1995, 44 U.S.C., Chapter 35, as amended. dated March 26, 2004 to pay civil
not a toll free number) for copies of the Dated: December 12, 2005. money penalties to the Department in
proposed forms and other available Frank L. Davis, the amount of $75,000.
information. General Deputy Assistant Secretary for 2. Alliance Mortgage Banking
SUPPLEMENTARY INFORMATION: The Housing, Deputy Federal Housing Corporation, Levittown, NY [Docket No.
Department is submitting the proposed Commissioner. 04–4818–MR]
information collection to OMB for [FR Doc. E5–7502 Filed 12–16–05; 8:45 am]
review, as required by the Paperwork Action: Settlement Agreement signed
BILLING CODE 4210–27–P
Reduction Act of 1995 (44 U.S.C. September 16, 2005. Without admitting
Chapter 35, as amended). liability or fault, Alliance Mortgage
This Notice is soliciting comments DEPARTMENT OF HOUSING AND Banking Corporation (Alliance) agreed
from members of the public and affected URBAN DEVELOPMENT to pay an administrative payment in the
agencies concerning the proposed amount of $136,775, indemnify HUD on
collection of information to: (1) Evaluate [Docket No. FR–4914-N–07] 16 HUD/FHA-insured loans and
whether the proposed collection is reimburse 27 HUD/FHA borrowers
Mortgagee Review Board; unallowable charges in the amount of
necessary for the proper performance of
Administrative Actions $12,193. Additionally, Alliance agreed
the functions of the agency, including
whether the information will have to retain an independent quality control
AGENCY: Office of the Assistant
practical utility; (2) evaluate the firm to conduct a quality control review
Secretary for Housing-Federal Housing
accuracy of the agency’s estimate of the of twenty HUD/FHA loans, consisting of
Commissioner, Department of Housing
burden of the proposed collection of current and defaulted loans. Based upon
and Urban Development (HUD).
information; (3) enhance the quality, the results of this review, Alliance
ACTION: Notice. would submit to HUD a corrective
utility, and clarity of the information to
be collected; and (4) minimize the SUMMARY: In compliance with section
action plan that addresses the findings
burden of the collection of information 202(c) of the National Housing Act, this of the quality control review and the
on those who are to respond; including notice advises of the cause and issues outlined in the Notice of
the use of appropriate automated description of administrative actions Violation.
collection techniques or other forms of taken by HUD’s Mortgagee Review Cause: The Board took this action
information technology, e.g., permitting Board against HUD-approved based on the following violations of
electronic submission of responses. mortgagees. HUD/FHA requirements in the
This Notice also lists the following origination of HUD/FHA-insured loans
FOR FURTHER INFORMATION CONTACT: where Alliance: Permitted employees to
information:
Title of Proposal: Deed-in-Lieu of David E. Hintz, Secretary to the be involved in the processing of loan
Foreclosure (Corporate Mortgagors or Mortgagee Review Board, 451 Seventh applications on loans where they were
Mortgagors Owning More than One Street, SW., Washington, DC 20410– the seller; used falsified documentation
Property). 8000, telephone: (202) 708–3856, or conflicting information in originating
OMB Control Number, if applicable: extension 3594. A Telecommunications loans and/or obtaining HUD/FHA-
2502–0301. Device for Hearing- and Speech- insured mortgages; failed to resolve
Description of the need for the Impaired Individuals (TTY) is available discrepancies or fully obtain and
information and proposed use: at (800) 877–8339 (Federal Information analyze the terms and conditions of the
Mortgagees must obtain written consent Relay Service). real estate transaction and consider the
from HUD’s National Servicing Center SUPPLEMENTARY INFORMATION: Section acquisition cost of recently acquired
to accept a deed-in-lieu of foreclosure 202(c)(5) of the National Housing Act properties in the underwriting of loans;
when the mortgagor is a corporate (added by section 142 of the Department failed to properly verify the source and/
mortgagor or a when mortgagor owns of Housing and Urban Development or adequacy of funds for the
more than one property. Mortgagees Reform Act of 1989, Pub. L. 101–235, downpayment and/or closing costs;
must provide HUD with specific approved December 15, 1989), requires failed to properly verify income; failed
information. HUD uses this information that HUD ‘‘publish a description of and to limit seller contributions to the
collection to review specific the cause for administrative action maximum permitted by HUD; failed to
requirements in assessing the validity of against a HUD-approved mortgagee’’ by ensure timely completion and/or
accepting a deed-in-lieu of foreclosure. the Department’s Mortgagee Review establish an escrow account for
Agency form numbers, if applicable: Board (Board). In compliance with the incomplete property repairs; submitted
None. requirements of section 202(c)(5), this delinquent loans for mortgage insurance
Estimation of the total numbers of notice advises of administrative actions endorsement; failed to remit Up-Front
hours needed to prepare the information that have been taken by the Board from Mortgage Insurance Premiums within 15
collection including number of August 25, 2004 to October 18, 2005. days from the date of loan closing;

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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices 75211

permitted a borrower to obtain a HUD/ A, Part II, Lender Certification; terms of the Settlement Agreement
FHA loan within three years of a approved loans where the total executed with the Department dated
foreclosed loan; violated HUD/FHA origination fees charged to the May 3, 2001.
third party origination restrictions; and borrowers were in excess of one percent;
9. iMortgage Funding Corporation d/b/
failed to ensure borrowers, who had failed to properly verify the source and a Guaranty Mortgage, Houston, TX [04–
been charged a commitment fee, adequacy of funds used for the 4435–MR]
executed a Commitment Agreement downpayment and/or closing costs;
guaranteeing discount points and/or permitted borrowers to be charged fees Action: Settlement Agreement signed
interest rates, at least 15 days prior to that were not allowable under HUD/ May 11, 2005. Without admitting
the date the loan closed. FHA requirements; failed to disclose all liability or fault, iMortgage Funding
fees paid by the borrowers or on their Corporation d/b/a Guaranty Mortgage
3. American Union Mortgage, Inc., (iMortgage), agreed to pay a civil money
behalf on the HUD–1 Settlement
Ogden, UT [Docket No. 05–5049–MR] penalty in the amount of $379,100 and
Statement; and failed to implement and
Action: On October 18, 2005, the maintain a Quality Control Plan in indemnify HUD on 17 HUD/FHA-
Board issued a letter to American Union compliance with HUD/FHA insured loans.
Mortgage, Inc. (American Union) requirements. Cause: The Board took this action
withdrawing its HUD/FHA approval for based on the following violations of
five years. The Board also voted to 6. De Oro, Inc., Ontario, CA [Docket No. HUD/FHA requirements in the
impose a civil money penalty in the 05–5073–MR] origination of HUD/FHA-insured loans
amount of $6,500. Action: On September 12, 2005, the where iMortgage: Paid prohibited
Cause: The Board took this action Board issued a letter to De Oro, Inc. (De compensation to employees performing
because American Union failed to Oro) withdrawing its HUD/FHA underwriting duties; failed to remit
comply with the terms of a Settlement approval for five years. The Board also Upfront Mortgage Insurance Premiums
Agreement with the Department dated voted to impose a civil money penalty to HUD/FHA within 15 days of loan
May 14, 2004 to pay civil money in the amount of $26,000. closing; failed to adopt and implement
penalties to the Department in the Cause: The Board took this action a Quality Control Plan in compliance
amount of $150,000. based on the following violations of with HUD/FHA requirements; used
HUD/FHA requirements where De Oro: documentation that was falsified and/or
4. Bancplus Home Mortgage Center, contained unresolved discrepancies;
Failed to comply with the terms of
Inc., Ft. Lauderdale, FL [Docket No. 04– failed to properly verify the source and
agreements requiring De Oro to
4450–MR] adequacy of funds used for the cash
indemnify the Department; failed to
Action: Settlement Agreement signed accrue or note a significant contingent requirements and allowed funds for
May 24, 2005. Without admitting liability in HUD’s Lender Assessment closing from unacceptable sources;
liability or fault, Bancplus Home Sub-System financial statement failed to properly document and/or
Mortgage Center, Inc. agreed to pay an submission; misrepresented its net calculate income used for qualification
administrative payment in the amount worth; and provided HUD a false or to justify loan approval with
of $24,000 and indemnify HUD on two certification. excessively high ratios of debt to
loans. income; omitted and understated
Cause: The Board took this action 7. Global Financial Services, Inc., liabilities, and failed to consider
based on the following violations of Bethesda, MD [Docket No. 04–4263– contingent liabilities in loan
HUD/FHA requirements in the MR] qualification; failed to obtain credit
origination of HUD/FHA-insured loans Action: Settlement Agreement signed reports that met HUD/FHA
where Bancplus: Failed to implement a September 13, 2005. Global Financial requirements; approved mortgagors with
Quality Control Plan in conformance Services, Inc. (Global) agreed to pay a unacceptable credit histories, without
with HUD/FHA requirements (repeat civil money penalty in the amount of adequate justification; approved
finding); and failed to properly $62,500 and to immediate withdrawal of mortgage loans for ineligible mortgagors;
document the source and/or adequacy Global’s HUD/FHA-approval for four and failed to document properly or
of funds used for the downpayment years. analyze adequately the credit histories
and/or closing cost. Cause: The Board took this action of mortgagors who did not use
based on the following violations of traditional credit or who did not have
5. Costal Capital Corp., Greenvale, NY
HUD/FHA requirements in the acceptable traditional credit histories.
[Docket No. 04–4384–MR]
origination of HUD/FHA-insured loans
Action: Settlement Agreement signed 10. Karim Enterprises, Inc., St. Charles,
where Global: Employed an individual
June 7, 2005. Without admitting liability MO [Docket No. 05–5017–MR]
who has been debarred by the
or fault, Costal Capital Corp. (Costal) Department; and failed to implement Action: Settlement Agreement signed
agreed to pay a civil money penalty in and maintain a Quality Control Plan in July 8, 2005. Without admitting liability
the amount of $134,500, indemnify compliance with HUD/FHA or fault, Karim Enterprises, Inc. (Karim)
HUD on three loans and reimburse requirements. agreed to pay HUD a civil money
borrowers for impermissible expenses penalty in the amount of $22,000.
totaling $7,014. 8. Home Loan Mortgage Corporation, Cause: The Board took this action
Cause: The Board took this action Hesperia, CA [Docket No. 05–5002–MR] based on the following violations of
based on the following violations of Action: On April 1, 2005, the Board HUD/FHA requirements in the
HUD/FHA requirements in the issued a letter to Home Loan Mortgage origination of HUD/FHA-insured loans
origination of HUD/FHA-insured loans Corporation (Home) withdrawing its where Karim: Loaned gift funds to a
where Costal: Violated third party HUD/FHA-approval for five years. The donor in HUD/FHA-insured mortgage
origination restrictions; improperly Board also voted to impose a civil transaction; submitted or caused the
allowed documents to pass through the money penalty in the amount of $6,500. submission of false information to HUD
hands of interested third parties; Cause: The Board took this action in connection with a HUD/FHA-insured
certifying falsely on form HUD–92900– because Home failed to comply with the mortgage transaction; and failed to

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75212 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices

implement a Quality Control Plan in Corporation (Major Mortgage) (RTM) agreed to pay a civil money
conformance with HUD/FHA withdrawing its HUD/FHA approval for penalty in the amount of $11,000.
requirements. five years. The Board also voted to Cause: The Board took this action
impose a civil money penalty in the based on the following violations of
11. KB Home Mortgage Company, Los
amount of $6,500. HUD/FHA requirements in the
Angeles, CA [Docket No. 05–5020–MR]
Cause: The Board took this action origination of HUD/FHA-insured loans
Action: Settlement Agreement signed because Major Mortgage failed to where RTM: Failed to maintain entire
June 27, 2005. Without admitting comply with the terms of a Settlement case file at least two years from date of
liability or fault, KB Home Mortgage Agreement dated November 30, 1998 insurance endorsement; failed to
Company (KB Home) agreed to pay HUD whereby Major Mortgage agreed to implement and maintain a Quality
an administrative payment in the indemnify HUD on 15 loans. Control Plan in compliance with HUD/
amount of $3,200,000. KB Home also FHA requirements; and failed to file
agreed to prepare and submit a 13. Megamerica Mortgage Group, Inc., annual reports regarding loan activity as
compliance plan acceptable to HUD that San Antonio, TX [Docket No. 04–4262– required by Mortgagee Letter 95–3 and
details the policies and procedures KB MR] HUD Handbook 4155.1 REV–4 CHG–1.
Home will implement to rectify the Action: Settlement Agreement signed
violations of HUD requirements 16. Saxon Equity Mortgage Bankers,
April 6, 2005. Without admitting Ltd., Hauppauge, NY [Docket No. 05–
identified in the Notice of Violation. liability or fault, Megamerica Mortgage
Cause: The Board took this action 5046–MR]
Group, Inc. (Megamerica) agreed to pay
based on the following violations of Action: Settlement Agreement signed
an administrative payment in the
HUD/FHA requirements in the September 13, 2005. Without admitting
amount of $20,500.
origination of HUD/FHA-insured loans liability or fault, Saxon Equity Mortgage
where KB Home: Approved loans with Cause: The Board took this action
based on the following violations of Bankers, Ltd. (Saxon) agreed to pay the
ratios exceeding guidelines without Department a civil money penalty in the
compensating factors or without HUD/FHA requirements in the
origination of HUD/FHA-insured loans amount of $13,000.
adequate compensating factors; Cause: The Board took this action
approved loans based on effective where Megamerica: Operated branch
because Saxon failed to comply with the
income that was overstated, improperly offices under prohibited branch
terms of two indemnification
calculated or inadequately documented; arrangements; failed to implement and
agreements signed with the Department
failed to include or determine all of the maintain a Quality Control Plan in
dated June 13, 1994 and February 28,
mortgagor’s liabilities and/or liabilities compliance with HUD/FHA
2001. Saxon has now entered into an
of the non-purchasing spouse in loan requirements; failed to file annual
acceptable payment agreement for
qualification; failed to properly verify reports regarding loan application
amounts due under the agreements.
the source and/or adequacy of funds activity required by Mortgagee Letter
required and/or there were insufficient 95–3 and HUD Handbook 4155.1 REV– 17. Susan Mittman Real Estate, Inc.,
funds verified to close; approved loans 4 CHG 1; and charged mortgagors Brooklyn, NY [Docket No. 04–4444–
to borrowers who were not eligible excessive or prohibited fees. MR]
because of unpaid court-ordered 14. Pike Creek Mortgage Services, Inc., Action: Settlement Agreement signed
judgments and delinquent federal debt; Wilmington, DE [Docket No. 04–4629– May 11, 2005. Without admitting
approved loans to borrowers who were MR] liability or fault, Susan Mittman Real
not eligible because of past credit Estate, Inc. (Susan Mittman) agreed to
performance; failed to address and Action: Settlement Agreement signed pay an administrative payment in the
resolve significant file discrepancies; September 14, 2005. Without admitting amount of $30,000.
failed to ensure property compliance liability or fault, Pike Creek Mortgage Cause: The Board took this action
with the Builder’s Certification of Plans, Services, Inc. (Pike Creek) agreed to pay based on the following violations of
Specifications and Site, HUD form a civil money penalty in the amount of HUD/FHA requirements in the
92541; failed to ensure the mortgagor $19,000. origination of HUD/FHA-insured loans
met the minimum required investment Cause: The Board took this action where Susan Mittman: Originated loans
because the loan exceeded the based on the following violations of where the borrowers were charged fees
maximum allowable mortgage amount; HUD/FHA requirements in the in excess of the one percent allowable
failed to ensure the mortgagor was not origination of HUD/FHA-insured loans origination fee for services covered by
charged excessive and/or unallowable where Pike Creek: Failed to ensure that the origination fee; and failed to
fees and/or there was no documentation loans were originated by its employees; implement and maintain a Quality
supporting the fee; failed to ensure that falsely certified on the HUD/VA Control Plan in compliance with HUD/
the HUD–1 Settlement Statement Addendum to the Uniform Residential FHA requirements.
reflected the earnest money deposit that Loan Application, form HUD–92900–A,
Part II Lender Certification; failed to 18. Terra Financial Group, Inc.,
was shown on the sales contract and the
retain a loan origination file; failed to Philadelphia, PA [Docket No. 04–4299–
loan application; failed to ensure the
file annual reports regarding loan MR]
accuracy of the information contained
in the HUD–1A, Addendum to the application activity; and failed to Action: Settlement Agreement signed
HUD–1 Settlement Statement; and failed implement and maintain a Quality September 22, 2005. Without admitting
to ensure gift letters met HUD Control Plan in compliance with HUD/ liability or fault, Terra Financial Group,
requirements. FHA requirements. Inc. (Terra) agreed to pay an
administrative payment in the amount
12. Major Mortgage Corporation, 15. RTM Funding, Inc., Kingwood, TX
of $7,000.
Lathrup Village, MI [Docket No. 05– [Docket No. 03–3169–MR]
Cause: The Board took this action
5071–MR] Action: Settlement Agreement signed based on the following violations of
Action: On September 8, 2005, the April 14, 2005. Without admitting HUD/FHA requirements in the
Board issued a letter to Major Mortgage liability or fault, RTM Funding, Inc. origination of HUD/FHA-insured loans

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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices 75213

where Terra: Failed to ensure that loans ACTION: Notice of receipt of applications PRT–007870
were originated by its employees; failed for permit. Applicant: National Zoological Park,
to maintain complete loan origination Washington, DC
files; failed to provide evidence that SUMMARY: The public is invited to
The applicant request reissuance of
original documents were reviewed; comment on the following applications
their permit for scientific research with
failed to file annual reports regarding to conduct certain activities with
captive-born giant pandas (Ailuropoda
loan application activity as required by endangered species and marine
melanoleuca) currently held under loan
Mortgagee Letter 95–3 and HUD mammals.
agreement with the Government of
Handbook 4155.1; and failed to DATES: Written data, comments or China and under provisions of the
implement and maintain an adequate requests must be received by January 18, USFWS Giant Panda Policy. The
Quality Control Plan in compliance 2006. proposed research will cover all aspects
with HUD/FHA requirements. of behavior, reproductive physiology,
ADDRESSES: Documents and other
19. Tucson Mortgage, LLC, Tucson, AZ information submitted with these genetics, nutrition, and animal health
[Docket No. 04–4934–MR] applications are available for review, and is a continuation of activities
Action: Settlement Agreement signed subject to the requirements of the currently in progress. This notification
September 22, 2005. Without admitting Privacy Act and Freedom of Information covers activities conducted by the
liability or fault, Tucson Mortgage, LLC Act, by any party who submits a written applicant over a period of five years.
(Tucson) agreed to pay an request for a copy of such documents PRT–104625 and 104626
administrative payment in the amount within 30 days of the date of publication
Applicant: J & R Outfitters, Indiantown,
of $45,000. of this notice to: U.S. Fish and Wildlife
Cause: The Board took this action FL
Service, Division of Management
based on the following violations of The applicant requests a permit to
Authority, 4401 North Fairfax Drive,
HUD/FHA requirements in the authorize interstate and foreign
Room 700, Arlington, Virginia 22203;
origination of HUD/FHA-insured loans commerce, export and cull of excess
fax 703/358–2281.
where Tucson: Allowed an unapproved male barasingha (Cervus duvauceli)
FOR FURTHER INFORMATION CONTACT: from the captive herd maintained at
branch to originate HUD/FHA-insured Division of Management Authority,
mortgages; provided false documents to their facility for the purpose of
telephone 703/358–2104. enhancement of the survival of the
originate a HUD/FHA-insured mortgage;
failed to file loan application reports to SUPPLEMENTARY INFORMATION: species. This notification covers
HUD as required by the Mortgagee activities to be conducted by the
Endangered Species applicant over a five year period.
Letter 95–3 and HUD Handbook 4155.1
REV–4 CHG 1; failed to perform Quality The public is invited to comment on PRT–115344
Control reviews; and failed to provide the following applications for a permit
to conduct certain activities with Applicant: Forrest M. Simpson, Conroe,
complete loan origination files for
endangered species. This notice is TX
review.
provided pursuant to section 10(c) of The applicant requests a permit to
20. United Lending Partners, LP, Irving, the Endangered Species Act of 1973, as authorize interstate and foreign
TX [Docket No. 05–5053–MR] amended (16 U.S.C. 1531 et seq.). commerce, export and cull of excess
Action: On September 8, 2005, the Written data, comments, or requests for male barasingha (Cervus duvauceli)
Board issued a letter to United Lending copies of these complete applications from the captive herd maintained at
Partners, Ltd., (United Lending) should be submitted to the Director their facility for the purpose of
withdrawing its HUD/FHA approval for (address above). enhancement of the survival of the
five years. The Board also voted to PRT–811776 species. This notification covers
impose a civil money penalty in the activities to be conducted by the
amount of $26,000. Applicant: Wildlife Conservation applicant over a five year period.
Cause: The Board took this action Society, Bronx, NY
because United Lending failed to PRT–113771
comply with the terms of agreements The applicant requests re-issuance of
Applicant: Steve E. Payne West,
dated June 3, 2003, November 13, 2003 a permit to import feathers dropped
Acampo, CA
and December 2, 2003 requiring United from wild and captive-hatched birds,
which are obtained from various The applicant requests a permit to
Lending to indemnify the Department import the sport-hunted trophy of one
on 15 loans. international institutions and through
collections conducted during field male bontebok (Damaliscus pygargus
Dated: December 12, 2005. studies, for the purpose of scientific pygargus) culled from a captive herd
Brian D. Montgomery, research. This notification covers maintained under the management
Assistant Secretary for Housing—Federal activities conducted by the applicant program of the Republic of South Africa,
Housing Commissioner. over a five year period. for the purpose of enhancement of the
[FR Doc. E5–7503 Filed 12–16–05; 8:45 am] survival of the species.
PRT–110072
BILLING CODE 4210–27–P
PRT–114470
Applicant: White Oak Conservation
Center, Yulee, FL Applicant: Patricia K. Kehler,
DEPARTMENT OF THE INTERIOR The applicant requests a permit to re- Woodbury, NJ
import a male greater Indian one-horn The applicant requests a permit to
Fish and Wildlife Service rhinoceros (Rhinoceros unicornis), import the sport-hunted trophy of one
captive bred in the United States, from male bontebok (Damaliscus pygargus
Receipt of Applications for Permit
Toronto Zoo, Canada, for the purpose of pygargus) culled from a captive herd
AGENCY: Fish and Wildlife Service, enhancement of the propagation and maintained under the management
Interior. survival of the species. program of the Republic of South Africa,

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