Delegations of Authority for the Office of Housing–Federal Housing Administration (FHA); Redelegation of Authority Regarding Single Family Housing…
| Federal Information & News Dispatch, Inc. |
Delegations of Authority for the Office of Housing--
Notice of revocation and redelegation of authority.
Citation: "77 FR 37252"
Document Number: "Docket No. FR-5557-D-08"
"Notices"
SUMMARY: On
DATES: Effective Date:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: Section I of this notice sets forth the organization of the
On
On
Accordingly, the notice of redelegation of authority for single family housing programs is amended and updated, as follows:
Section I. Single Family Housing Programs--Office of
A. Office of Single Family Housing--Headquarters
All
The Program Support Division is responsible for: Administering the Housing Counseling Program under section 106 of the Housing and Urban Development Act of 1968; administering FHA's nonprofit mortgagor discount sales and secondary financing programs; maintaining the
The Home Valuation Policy Division is responsible for managing all single family property appraisal and valuation requirements. These functions include oversight and monitoring of appraisers and analyzing single family property valuation issues, including standards and policies associated with new construction and property rehabilitation, and all origination and several servicing policies for administering the home equity conversion mortgage program.
The second division, the Asset Management and Disposition Division (AMDD), is responsible for establishing policy for the servicing of FHA loans, and the management and marketing of HUD-acquired single family properties. These policies are promulgated in the form of Regulations, Mortgagee Letters, and Housing Notices. The scope of these policies includes but is not limited to escrow requirements, pre-payments, loss mitigation, and mortgage insurance claims. AMDD is also responsible for operating HUD's mission programs.
Evaluating --The Lender Approval and Recertification Division approves and recertifies qualified lenders to participate in FHA's mortgage insurance programs.
Monitoring --The Quality Assurance Division (QAD) directs operational, loan and institutional level risk analysis and review processes. QAD uses HUD's data systems to analyze and evaluate loans and mortgagee portfolios to identify performance problems that put the FHA insurance fund at risk.
Enforcement --The Mortgagee Review Board Division serves as staff for the
B. Single Family Housing--Field Office Structure
In order to maximize efficiencies and empower people and communities, the
A uniform structure applies to all of the HOCs. The highest-ranking official in the HOC is the HOC Director, who is assisted by the HOC Deputy Director. Functions performed by HOC staff are distributed, according to type (e.g., production, quality assurance, etc.), among five Divisions, each of which is headed by a Division Director. The five HOC Divisions are titled:
(1) Processing and Underwriting;
(2) Quality Assurance;
(3) Program Support;
(4) Real Estate Owned; and
(5) Operations and Customer Service.
Division Directors report to the HOC Director and Deputy Director. (As is the case in Headquarters, all staff report to the Deputy Assistant Secretary for
Atlanta Homeownership CenterAtlanta Jackson Jacksonville Knoxville Greensboro Indianapolis Chicago Orlando Tampa Springfield Memphis Nashville Birmingham Columbia Miami Louisville TheCaribbean Denver Homeownership CenterDenver Casper Salt Lake City Des Moines St. LouisOklahoma City Omaha AlbuquerqueHelena San Antonio Tulsa New Orleans Shreveport Fort Worth Fargo Sioux Falls LittleRock Houston Kansas City Lubbock Dallas Milwaukee Minneapolis Philadelphia Homeownership CenterPhiladelphia Albany New York Providence Columbus Detroit Syracuse Cincinnati Camden Buffalo Burlington Washington , DCCleveland Grand Rapids Boston Bangor Pittsburgh Richmond Flint Manchester Charleston Hartford Baltimore Wilmington Newark Santa Ana Homeownership CenterSanta Ana Fresno Honolulu Las Vegas LosAngeles Phoenix Reno Sacramento San Diego San Francisco Tucson Seattle Anchorage Boise Portland Spokane
Section II. Single Family Programs--Functions
Under this delegation, the Assistant Secretary for Housing, General Deputy Assistant Secretary for Housing and Associate General Deputy Assistant Secretary for Housing redelegate broad program authority to the Deputy Assistant Secretary for
Characterizing the redelegated authority in broad or generic terms will enable the above Deputy Assistant Secretary for
In some past delegation notices, HUD has set forth, in "laundry list" fashion the detailed functions carried out by managers under generic function headings. However, publishing detailed lists has proven problematic, as some listed items become obsolete over time, while other functions are omitted through oversight. Conversely, this delegation sets forth functions in generic terms, while the preamble provides insights into the nature of the work performed by managers with delegated authority under each category. The basic single family housing program functions and a brief description of each are as follows:
A. General Authority
This authority allows managers to sign any and all documents necessary to carry out the business within their program and geographical jurisdictions. In addition, it allows managers, when considering a proposal, to waive any directives not mandated by statute or regulation for good cause and with a written justification.
B. Production
This function allows a manager with delegated authority to make all necessary determinations that relate to the insured mortgage process. Essentially, this category of functions begins with a proposal to insure a home mortgage and ends with the Department's endorsement of an insured mortgage. For all insurance programs, it includes, but is not limited to, such activities as approving direct endorsement lenders' and monitoring contract reviews; maintaining rosters and other lists of appraisers, inspectors, and lenders; performing underwriting reviews for mortgage credit; performing appraisal reviews; performing architectural field reviews; and setting mortgage limits.
C. Servicing and Loss Mitigation
Servicing and Loss Mitigation functions are intended to ensure the servicing of the Secretary-held mortgage portfolio; partial claims; the monitoring of FHA servicers' use of loss mitigation; and, timely reporting of defaulted, FHA-insured loans. Additional responsibilities include: writing off or compromising principal debt, up to a maximum of
D. Quality Assurance
Quality assurance functions are intended to ensure that an FHA lender is in compliance with FHA lending requirements and procedures. Responsibilities include targeting lenders for review, conducting the Credit Watch Termination Initiative to identify and take action against poorly performing lenders, and administering the Neighborhood Watch Early Warning System, a web-based monitoring tool that allows HUD staff, lenders, appraisers, concerned citizens and other interested parties to monitor loan activity in areas as large as
E. Lender Approval and Recertification
Lender approval and recertification functions are the means by which FHA vets its lender partners and approves them for initial and continuing participation in FHA programs. Additional responsibilities include the management of HUD's Institution Master File, which records all relevant data for FHA-approved lenders and supplies lender data to more than 20 of FHA's key data systems and the administration of the Lender Assessment Subsystem for purposes of electronic submission and storage of the annual audit reports required of lenders seeking renewal of their FHA lender approval.
F. Enforcement
Enforcement functions protect FHA and its mortgage insurance funds from fraud and program abuse, and encourage program compliance by FHA-approved lenders. Via the imposition of civil money penalties and administrative sanctions against FHA approved lenders and mortgagees who knowingly and materially violate FHA program statutes, regulations and handbook requirements, FHA ensures compliance with HUD requirements and protects FHA's insurance funds from unwarranted risks and losses.
G. Grants
In any given year
H. Program Demonstrations
Periodically,
I. Property Disposition
Section 204(g) of the National Housing Act (12 U.S.C. 1710) addresses the management and disposition of HUD-acquired single family properties. HUD's implementing regulations are found in 24 CFR part 291, entitled Disposition of HUD-acquired single family property. Under these statutory and regulatory authorities, HUD is charged with implementing a program of sales of HUD-acquired properties, along with appropriate credit terms and standards to be used in carrying out the program. Beginning with this notice, the Assistant Secretary redelegates the authority under 24 CFR 291.210(c), entitled Direct Sales to individuals or entities, to the Deputy Assistant Secretary for
Most of HUD's single family property disposition functions occur after HUD has acquired title to a property; some, however, occur during the pre-acquisition period. Principal disposition functions include, but are not limited to:
(1) Oversight monitoring,
(2) Mortgage compliance management,
(3) Field service management, and
(4) Asset management.
J. Suspensions, Debarments and Limited Denials of Participation
A participant or contractor or affiliate, other than a mortgagee, who fails to comply with HUD program regulations, rules, and/or procedures, can be denied the right to participate in a HUD program or programs. Procedures governing the nature and scope of proceedings for the issuance of a suspension, debarment or limited denial of participation are set forth in 2 CFR part 2424 and 2 CFR part 180. Only certain officials may issue such limited denials of participation pursuant to the process in the regulations. [ Note: FHA-approved mortgagees are subject to an independent sanction process set forth in 24 CFR part 25.]
Section III. Single Family Programs--Authority Redelegated
As described in the paragraph that follows this one, the Assistant Secretary and the General Deputy Assistant Secretary and the Associate General Deputy Assistant Secretary retain and redelegate the following power and authority: (1) To the Deputy Assistant Secretary for
A. Deputy Assistant Secretary and Associate Deputy Assistant Secretary,
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of all
1. The general power to sign any documents necessary to perform enumerated functions, and to waive any directive that is not mandated by a statute or regulation;
2. All production functions related to mortgage insurance, grant, or other programs;
3. All loan servicing and loss mitigation functions, including the authority to act as a claims collection officer and to write off or compromise debt up to
4. All quality assurance functions;
5. All functions necessary to administer grants and cooperative agreements awarded by the Assistant Secretary. However, noncompetitive contract awards proposed by assistance recipients subject to the administrative requirements for grants and cooperative agreements at 24 CFR part 85 may only be approved by the Assistant Secretary;
6. All functions necessary to carry out a program conducted on a demonstration basis;
7. All property disposition functions
8. Authority to conduct hearings concerning a lender or program participant's participation in HUD programs, and to issue (a) limited denials of participation, and (b) final debarment decisions, where a participant has elected not to contest the notice of proposed debarment of the Assistant Secretary; and
9. Authority to perform all source selection official duties in connection with
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by a statute or regulation;
2. All production functions related to mortgage insurance, grant, or other programs;
3. All functions necessary to carry out a cooperative agreement or competitive or non-competitive grant program, except for making grantee selections and approving recipient noncompetitive contracts; and
4. All functions necessary to carry out a program conducted on a demonstration basis.
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by a statute or regulation;
2. All production functions related to mortgage insurance, grant, or other programs; and
3. All functions necessary to carry out a program conducted on a demonstration basis.
Authority is redelegated, on a nationwide basis, to take all actions and to perform all functions necessary to the conduct of the single family housing programs as follows:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. All functions necessary to carry out a cooperative agreement, competitive or non-competitive grant program except for making grantee selections and approving recipient noncompetitive contracts; and
3. All functions necessary to carry out a program conducted on a demonstration basis.
Authority is redelegated, on a nationwide basis, to take all actions and to perform all functions necessary to the conduct of the single family housing programs, as follows:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. All production functions related to mortgage insurance, grant, or other programs; and
3. All functions necessary to carry out a program conducted on a demonstration basis.
F. Director and Deputy Director,
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. Loan servicing and loss mitigation functions, including the authority to act as a claims collection officer and to write off or compromise debt up to
3. All property disposition functions, other than:
a. Authorizing direct sales under 24 CFR 291.210(c), unless the sale involves authorizing or originating, but not terminating, a PIH-REO agreement, which may be exercised; and
b. Approving and executing an original Asset Control Area (ACA) agreement (as opposed to an extension agreement), terminating an ACA agreement, and terminating an ACA participant's approval to participate in the ACA program; and
4. All functions necessary to carry out a program conducted on a demonstration basis.
G. Director, Single Family Servicing and Loss Mitigation Division,
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulations; and
2. All loan servicing and loss mitigation functions, including the authority to act as a claims collection officer and to write off or compromise debt up to
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. All property disposition functions other than authorizing direct sales under 24 CFR 291.210(c); and
3. All functions necessary to carry out a program conducted on a demonstration basis.
I. Director and Deputy Director,
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. All quality assurance functions, including lender approval, re-certification, and program compliance functions;
3. Authority to conduct Credit Watch informal hearings concerning a lender's participation in HUD programs;
4. All functions necessary to carry out a program conducted on a demonstration basis.
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation; and
2. All functions related to approving and re-certifying FHA lenders.
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions and to waive any directive that is not mandated by statute or regulation;
2. Monitor lender performance and default and claim rates and to enter into indemnification agreements; and
3. All quality assurance functions related to program compliance by approved FHA lenders;
4. Authority to refer for suspension and proposed debarment.
Authority is redelegated, on a nationwide basis, to take all actions necessary to the conduct of single family housing programs, in relation to the following functions:
1. The general power to sign any documents necessary to perform enumerated functions; and
2. All enforcement functions related to program compliance by FHA-approved lenders.
M. Homeownership Center--Director and Deputy Director
Authority is redelegated, within their respective jurisdictions, to take all actions necessary to the conduct of all single family housing programs including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform enumerated functions, and to waive any directive that is not mandated by a statute or regulation;
2. All production functions related to mortgage insurance, grant, or other programs;
3. Monitoring of lender performance and default and claim rates and the entering into of indemnification agreements;
4. All functions necessary to carry out a cooperative agreement, competitive or non-competitive grant program, except for making grantee selections and approving recipient noncompetitive contracts;
5. All functions necessary to carry out a program conducted on a demonstration basis;
6. All property disposition functions other than authorizing direct sales under 24 CFR 291.210(c);
7. Authority to issue limited denials of participation;
8. Authority to refer for suspension and proposed debarment;
9. Authority pursuant to 24 CFR 200.204(a)(2)(iii) to administer the appeals process in connection with the removal of an appraiser from the appraiser roster and to issue a final decision concerning an appraisers removal from the roster; and
10. Authority to perform source selection official duties in connection with field-office based single family housing procurement actions, provided that the (a) contract amount is less than
N. Homeownership Center--Processing and Underwriting Division Director
Authority is redelegated, within their respective jurisdictions, to take all actions necessary to the conduct of all single family housing programs including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform enumerated functions but not to issue waivers of directives;
2. All production functions related to mortgage insurance, grant, or other programs;
3. All functions necessary to carry out a program conducted on a demonstration basis; and
4. Authority pursuant to 24 CFR 200.204(a)(2)(iii) to issue the written notice of proposed roster removal to an appraiser.
O. Homeownership Center--Quality Assurance Division Director
Authority is redelegated, within their respective jurisdictions, to take all actions necessary to the conduct of all single family housing programs including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform enumerated functions but not to issue waivers of directives; and
2. Monitor lender performance and default and claim rates and to enter into indemnification agreements.
3. Authority to refer for suspension and proposed debarment.
P. Homeownership Center--Program Support Division Director
Authority is redelegated, within their respective jurisdictions, to take all actions necessary to the conduct of all single family housing programs including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents to perform enumerated functions but not to issue waivers of directives;
2. All functions necessary to carry out a cooperative agreement, competitive or non-competitive grant program, except for making grantee selections and approving recipient noncompetitive contracts; and
3. All functions necessary to carry out a program conducted on a demonstration basis.
Q. Homeownership Center--Real Estate Owned Division Director
Authority is redelegated, within their respective jurisdictions, to take all actions necessary to the conduct of all single family housing programs including, but not limited to, the exercise of the following functions:
1. The general power to sign any documents necessary to perform enumerated functions but not to issue waivers of directives;
2. All property disposition functions other than authorizing direct sales under 24 CFR 291.210(c); and
3. All functions necessary to carry out a program conducted on a demonstration basis.
R. Particular Management and Marketing (M&M) Contractor Officials
Authority to execute all documents necessary in connection with the management and sale of residential real property acquired by HUD under its insured mortgage and asset management and disposition programs, excluding indemnification agreements, but including the authority to acknowledge, seal, and deliver any agreements of sale, special warranty deeds, form HUD-1 Settlement Statements, and any other instrument that may be necessary in connection with property management and sales on behalf of the Department, is redelegated to certain principals and/or officers of HUD's M&Ms whose identity will be maintained at its Web site located at www.hud.gov/offices/hsg/sfh//reo/reo_home.cfm.
S. Supervisory Housing Program Specialist,
1. The general power to sign any documents necessary to perform the property disposition function identified immediately below and to waive any directive that is not mandated by statute or regulation; and
2. The authority to accept conveyances of title to the Secretary of one- to- four unit properties.
Section IV. Authority Excepted
The authority redelegated in Section III.A through S does not include authority to issue or waive regulations.
Section V. Further Redelegations
The authority redelegated by the Assistant Secretary for
Section VI. Revocation of Delegations
All prior redelegations issued by the Assistant Secretary for Housing to staff in the
Authority: Section 7(d),
Dated:
Acting Assistant Secretary for
[FR Doc. 2012-15077 Filed 6-19-12;
BILLING CODE 4210-67-P</p>
| Copyright: | (c) 2012 Federal Information & News Dispatch, Inc. |
| Wordcount: | 5143 |
MedeAnalytics Launches Employer Reporting Resource Center
Advisor News
- House panel advances CLEAR Forms Act backed by IRI
- Modifying life insurance based on evolving needs
- Gen X faces ‘pension envy’ as they head into retirement
- Your client wants to cash out an annuity. Here’s what to consider
- How student loan debt impacts 401(k) balances
More Advisor NewsAnnuity News
- A-Cap strikes back with lawsuit accusing SC regulators of sloppy process, leaking secrets
- AM Best to Discuss Its Views on Private Credit Surge and Risks at 2026 NAIC/NIPR Insurance Summit
- OID recovers $260M in life insurance benefits
- NUNN BILLS TO COMBAT PAYMENT SCAMS, CUT FINANCIAL RED TAPE PASS FINANCIAL SERVICES COMMITTEE
- SS&C Black Diamond Expands Annuities & Insurance Marketplace with New Insurance Capabilities and Carriers
More Annuity NewsHealth/Employee Benefits News
Life Insurance News