FOR IMMEDIATE RELEASE CIV THURSDAY, JUNE 27, 1996 (202) 616-2765 TDD (202) 514-1888 LENDER PAYS $7 MILLION TO SETTLE FEDERALLY-INSURED LOAN CLAIM WASHINGTON, D.C. -- A Raleigh, North Carolina, lender has agreed to pay the United States $7 million to settle allegations it falsely certified the eligibility of borrowers for federally- insured mortgages who subsequently defaulted on their loans, resulting in a $4.3 million loss for the Department of Housing and Urban Development, the Department of Justice and the U.S. Attorney's office in St. Louis, Missouri, announced today. The payment by First Union Mortgage Corporation is the largest ever obtained in a case brought under the False Claims Act involving HUD's Single Family Mortgage Insurance Program, said Assistant Attorney General Frank W. Hunger of the Civil Division. Under the program, HUD insures lenders against losses on mortgage loans to qualified borrowers. The payment settles a 1994 lawsuit brought by the government against First Union Mortgage, a subsidiary of First Union Corporation of Charlotte, North Carolina. HUD regulations require borrowers to make a minimum down payment from their funds as an incentive to make mortgage payments. The suit alleged that First Union, then named Cameron- Brown Mortgage Company, misrepresented to HUD that borrowers on 43 St. Louis-area properties had made the required down payment when in fact they had not. The borrowers appeared to make down payments in the form of cash or promissory notes, but those were merely shams because the seller, Richard Powelson of Kansas City, immediately canceled or refunded the down payments at the closings, the suit alleged. The lawsuit also alleged that many of the borrowers were "straw buyers" who merely qualified for the loans on behalf of Powelson and then "flipped" back the properties to Powelson after the closing. HUD regulations prohibited Powelson from obtaining the mortgage insurance on his own. Therefore, Powelson paid these individuals $2,000 to qualify for the loans on his behalf, the suit alleged. According to the suit, the false representations induced HUD to mistakenly insure ineligible mortgage loans. Each of the 43 loans, which originated in 1984 and 1985, went into default, resulting in a $4.3 million loss to HUD after payment of its insurance obligations. The suit alleged that First Union employees solicited investors for these properties and assured them that the transactions complied with HUD regulations. According to the suit, most of the buyers were novice real estate investors culled from "no money down" real estate seminars given by Powelson. As part of the settlement, HUD agreed not to debar or suspend First Union from further participation in HUD mortgage insurance programs. Previously, HUD debarred Powelson and sanctioned five others involved in the transactions, including two First Union employees. ##### 96-308