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Home » Store » Supervision & Examination » Compliance Experts Warn of FCA Pitfalls for Servicers as DOJ Expands Statute’s Applicability

Compliance Experts Warn of FCA Pitfalls for Servicers as DOJ Expands Statute’s Applicability

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Supervision & Examination

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As much as the False Claims Act has been a formidable government enforcement tool against FHA loan originators, the statute is also being used increasingly against mortgage servicers, according to compliance experts. Within the last 18 months, the DOJ has expanded FCA use to reverse mortgages and loan servicing, according to Phil Schulman and Krista Cooley, both partners in Mayer Brown’s Washington office and members of the firm’s Consumer Financial Services group, during a recent podcast. While the Department of Justice has consistently used the FCA and its treble-damage provision to enforce FHA loan origination rules, the economic downturn and foreclosure crisis has put...
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