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Retaliates, accused Quicken of violating HUD rule to approval non-eligible FHA debt.
Only a few and a half years after Quicken Loans, Inc. brought a lawsuit against the Department of Housing and Urban Development ("HUD"), the Office of Inspector General ("HUD OIG") and the Department of Justice ("DOJ") in Detroit alleging that it was wrong to focus on smaller FHA infractions, the DOJ reacted with its own lawsuit in the U.S. District Court for the District of Columbia.
Whilst Quicken's April 17, 2015 appeal asserts that the DOJ tried to settle possible breaches of the False claims Act for million of people for petty FTA breaches, the April 23, 2015 DOJ appeal asserts that Quicken had routinely violated the HUD regulations to authorize non-eligible credit on a large scale, as it knows that such credit would be covered by the FTA and therefore would not cause a Quicken forfeit.
DOJ's appeal claims that Quicken participated in a model and miscertification practices of FTA loan certification for high-risk borrowers with FTA protection measures considered as proposals. Cited cases include Quicken granting certificated credit to borrower who routine overdrawn banking account, and who do not comply with the essential FHA requirement, such as having a mortgage ownership as their principal place of residency.
Quicken's complaints also relate to messages in which the creditor admits that he "falsified" a borrower's earnings or in which Quicken treats earnings from less than conscientious source as legitimately qualified earnings. DOJ also alleges that Quicken required bloated expert opinions to validate credits, and that Quicken routinely sent credits back to an expert if the amount came to an undervalued amount and a different value was demanded, whereby an expert would return the expert opinions without any modification other than the valued value of the real estate.
Mr. Quicken also reportedly urged his entire employee teams to authorize credit as quickly as possible at the cost of precision and permitted his teams to tamper with critical information, as well as borrowers' revenues. Though Quicken reportedly permitted an underwriter the opportunity to grant an FHA loan through a "management exception," allowing an underwriter to ignore the FHA's requirement and still grant a loan.
Quicken is said to have conceded to the DOJ through his inquiry that it should not have granted about 40 per cent of the exceptional managerial credits. DOJ also claims that while Quicken was aware of the problems it had in obtaining credit, it took action to conceal its problems with insurance from HUD, did not introduce a QC programme, and did not correct its erroneous practice.
Indeed, the DOJ maintains that although Quicken was required to do so, it did not notify any lack of HUD coverage between 2007 and 2011. DOJ's five-fold appeal asserts not only breaches of the False Claim Act, but also breaches of loyalty and neglect of due diligence due to HUD under its FHA Loan Programme.
It is at this point unclear whether Quicken's pre-emptive attack last weekend affected the DOJ's appeal, whether Quicken will try to combine the DOJ uniform with his first-ever Detroit uniform, or how long or how public this argument will go on.