By Rick Rothacker and Aruna Viswanatha
Oct 9 (Reuters) - The U.S. government filed a civil mortgage
fraud lawsuit on Tuesday against Wells Fargo & Co, the latest
legal volley against big banks for their lending during the
housing boom.
The complaint, brought by the U.S. Attorney in Manhattan,
seeks damages and civil penalties from Wells Fargo for more than
10 years of alleged misconduct related to government-insured
Federal Housing Administration loans.
The lawsuit alleges the FHA paid hundreds of millions of
dollars on insurance claims on thousands of defaulted mortgages
as a result of false certifications by Wells Fargo, the
fourth-biggest U.S. bank as measured by assets.
"As the complaint alleges, yet another major bank has
engaged in a longstanding and reckless trifecta of deficient
training, deficient underwriting and deficient disclosure, all
while relying on the convenient backstop of government
insurance," said Manhattan U.S. Attorney Preet Bharara.
Wells, the largest U.S. mortgage lender, denied the
allegations and said in a statement it believes it acted in good
faith and in compliance with FHA and U.S. Department of Housing
and Urban Development rules. The bank said many of the
allegations have been previously addressed with HUD and added
that its FHA delinquency rates have been as low as half the
industry average.
In a regulatory filing in August, the bank said it was being
investigated for possible violations of laws and regulations
relating to mortgage origination practices, including FHA loans.
Wells said it will vigorously defend itself against the suit.
Bharara's office has brought similar cases in the past few
years, including one against Citigroup Inc unit CitiMortgage
Inc, which settled the case for $158.3 million in February, and
against Deutsche Bank, which paid $202.3 million in May to
resolve its case.
The U.S. Attorney's office in Brooklyn brought the biggest
such case, against Bank of America Corp's Countrywide unit,
which agreed in February to pay $1 billion to resolve the
allegations.
The Wells Fargo case is brought under the False Claims Act,
which provides penalties for fraud against the government, and
under the Financial Institutions Reform, Recovery, and
Enforcement Act, or FIRREA for short, a little-used statute that
has grown in popularity in the past year.
The law requires a lower burden of proof than criminal
charges, has a longer statute of limitations than other
financial laws and potentially could bring big fines.
A civil fraud unit that Bharara created in March 2010 filed
its first lawsuit under FIRREA in December of that year.
DAMAGES AND PENALTIES
At issue In Tuesday's suit are loans Wells Fargo made
through a program that allows banks to originate, underwrite and
certify mortgages for FHA insurance, according to the complaint.
Under the so-called Direct Endorsement Lender program, neither
the FHA nor HUD reviews a loan before it is approved for FHA
insurance, but lenders are supposed to follow program rules.
Between May 2001 and October 2005, according to the
complaint, Wells certified more than 100,000 loans for FHA
insurance, even though the bank knew its underwriters had failed
to verify information that was directly related to the
borrower's ability to make payments.
"The extreme poor quality of Wells Fargo's loans was a
function of management's singular focus on increasing the volume
of FHA originations (and the bank's profits), rather than the
quality of the loans being originated," the complaint said.
The bank also failed to properly train its staff, hired
temporary workers and paid improper bonuses to its underwriters
to encourage them to approve as many loans as possible, the
complaint said.
During a 7-month stretch in 2002, at least 42 percent of the
bank's FHA loans failed to actual qualify for the insurance they
were submitted for, even though the bank's internal benchmark
for such violations was set at 5 percent.
Wells also kept its defective loans secret from HUD, the
complaint said. From January 2002 to December 2010, the bank
internally identified more than 6,000 "materially deficient"
loans, including 3,000 that had defaulted in the first six
months, but did not comply with its self-reporting obligations,
the complaint said.
Prior to October 2005, the bank did not self-report a single
bad loan, and the inadequate reporting continued even after a
HUD inquiry that year, the suit states. All told, from 2002
through 2010 the bank self-reported only 238 loans, according to
the complaint.
Some of the mortgages Wells Fargo suspected of fraud but
declined to report to HUD include loans it separately reported
as suspicious activity to the U.S. Treasury Department,
according to the suit.
The complaint seeks treble damages and penalties for
hundreds of millions of dollars in insurance claims already paid
to Wells Fargo, as well as penalties on claims HUD may pay in
the future.
Citi, in its settlement, paid $158 million to resolve
allegations that a "substantial percentage" of around $200
million in insurance claims failed to meet FHA requirements.
The Wells Fargo complaint also includes specific allegations
that the lender failed to report another $190 million in loans
it should have flagged as potentially problematic to HUD, which
potentially adds to any eventual payout from the bank.
The lawsuit adds to the growing number of civil cases the
government has filed targeting conduct that allegedly
contributed to the financial crisis.
The Justice Department has indicted few individuals and
institutions on criminal charges for roles in the collapse, and
officials have said prosecutors determined much of the conduct
amounted to greed but not crimes.
A joint federal-state task force set up earlier this year to
continue to probe conduct tied to the 2007-2009 crisis has also
acknowledged the bulk of its inquiries are under civil law.
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