Major Bank Faces FDIC Crackdown Over Mortgage Fraud and Consumer Deception
The FDIC alleged the bank violated Section 8 of RESPA by entering into certain co-marketing arrangements and marketing service agreements that resulted in the payment of fees by the bank to real estate brokers ad online/digital platforms for their referrals of mortgage loan business. Further, the FDIC claims the bank brokered reverse mortgage loans "where broker fees made to the bank constituted things of value provided in return for loan referrals in violation of RESPA Section 8." The FDIC also alleged the bank violated Section 5 of the FTC Act by misrepresenting to consumers that they would be able to skip several payments when refinancing a Department of Veteran Affairs (VA) mortgage loan and misrepresenting its relationship with the VA. Finally, the FDIC alleged the bank violated disclosure laws. Specifically, the FDIC alleged the bank violated FCRA by failing to provide firm offers of credit and required disclosures to consumers and violated HMDA by failing to report accurate data on its 2021 loan application register.
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