§ 30.36. Other participants in FHA programs.
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/us/cfr/t24/s§ 30.36·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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:
(1)Sellers;
(2)Borrowers;
(3)Closing agents;
(4)Title companies;
(5)Real estate agents;
(6)Mortgage brokers;
(7)Appraisers;
(8)Sponsored third-party originators;
(9)Dealers;
(10)Consultants;
(11)Contractors;
(12)Subcontractors; and
(13)Inspectors.
(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 \$12,567 for each violation, up to a limit of \$2,513,215 for all violations committed during any one-year period. Each violation shall constitute a separate violation as to each mortgage or loan application. \[65 FR 9087, Feb. 23, 2000, as amended at 72 FR 5588, Feb. 6, 2007; 77 FR 51468, Aug. 24, 2012; 78 FR 4059, Jan. 18, 2013; 81 FR 38935, June 15, 2016; 82 FR 24524, May 30, 2017; 83 FR 32793, July 16, 2018; 84 FR 9453, Mar. 15, 2019; 85 FR 13044, Mar. 6, 2020; 86 FR 14373, Mar. 16, 2021; 87 FR 24420, Apr. 26, 2022; 88 FR 9748, Feb. 15, 2023; 89 FR 13616, Feb. 23, 2024; 90 FR 24747, June 12, 2025\]
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