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Q1.
How are lenders notified if they are withdrawn?
A1.
Lenders are notified at their address on record via certified mail
that their FHA approval has been withdrawn. The lenders status in
the LASS inbox also changes to "Withdrawn".
Q2. Why has my FHA approval been withdrawn?
A2.
FHA approval is withdrawn for any of the following reasons: 1) Annual
recertification fee not received; 2) Annual financial statement
audit not received; 3) Failure to respond to deficient or rejected
audited financial statements within time set forth in notice of
violation; 4) Insufficient response to deficient or rejected audited
financial statements within time set forth in notice of violation.
Q3. How can I get my FHA approval reinstated?
A3.
Lenders can appeal the withdrawal within thirty (30) days of receipt
of the certified letter of withdrawal letter, by either choosing
a hearing or reinstatement. Lenders appeal by logging into LASS
via the FHA Connection (https://entp.hud.gov/clas/index.cfm).
For further guidance, see question 5.
If
lenders choose not to appeal, their FHA approval will be terminated
once the thirty (30) days from receipt of the certified letter of
withdrawal expires. Lenders must wait one (1) year from the date
of termination before they are eligible to reapply.
Q4. How many days does a lender get to decide to appeal the withdrawal
of their FHA approval?
A4.
Lenders have thirty (30) days from the receipt of the certified
letter of withdrawal to decide to appeal.
Q5. Where do lenders appeal?
A5.
Lenders appeal by logging into LASS via the FHA Connection (https://entp.hud.gov/clas/index.cfm).
Click on the "Withdrawn" status in the LASS inbox and the appeals
page will display. Read the appeals page to determine if you would
like to have a hearing before the mortgagee review board (see question
6) or submit a reinstatement submission (see question 7). Advance
to the next page to select either hearing or reinstatement.
Q6. What is a hearing?
A6.
Lender can opt to have a hearing in front of the Mortgagee Review
Board (MRB) to appeal the withdrawal of their FHA approval. Once
the lender submits their request for a hearing, the Office of General
Counsel will contact the lender with a date and location for their
case to be heard.
Q7. What is reinstatement?
A7.
A reinstatement is a submission of the financial statements, or
a submission of a cure to a deficient or rejected submission, to
HUD, via LASS. Reinstatement submissions are due within fourteen
(14) days of choosing to appeal by reinstatement.
Q8. How long after selecting reinstatement does a lender have
to complete the process?
A8.
Once reinstatement is selected, the lender must submit, via LASS,
an acceptable new submission or an acceptable cure to a rejected
or deficient submission within fourteen (14) days of choosing to
appeal by reinstatement.
Q9. What happens if the reinstatement is not acceptable to HUD?
A9.
If HUD does not accept the reinstatement, the lender's FHA approval
is terminated. The lender must wait one (1) year from the date of
termination before they are eligible to reapply.
Q10. How can I get help responding to a rejected or deficient submission?
A10.
Lenders with a rejected or deficient submission should contact their
LASS analyst. LASS analysts are identified in the "Reviewer's Name"
column in the LASS inbox. Access the LASS inbox by logging into
LASS via the FHA Connection https://entp.hud.gov/clas/index.cfm.
Contact the LASS analyst by calling HUD at (202) 755-7400. Follow
the prompts to connect to the LASS analyst by last name. If you
cannot reach the assigned analyst via the voice mail prompts, please
call the accounting/auditing helpline at (202) 755-7400 ext. 100
for assistance in connecting to your LASS analyst.
Q11. How do I attach documents to a new, rejected or deficient
submission?
A11.
All documents attached to a rejected, deficient or new submission
must be saved as PDF files in order to be successfully uploaded.
Please see the user guide at the LASS website for more information
on uploading documents http://www.hud.gov/offices/hsg/sfh/lass/prodlass.cfm.
Q12. How are lenders notified if their reinstatement is accepted
by HUD?
A12.
Lenders are notified that HUD accepted their reinstatement when
the status displayed in their LASS inbox is "Reinstatement Pending".
This signifies that the lenders submission has been accepted and
the lender must execute the settlement agreement. See question 13.
If the status is "Terminated", the lenders submission has not been
accepted. Lenders should monitor their status daily by logging into
LASS via the FHA Connection https://entp.hud.gov/clas/index.cfm.
See question 17 for definitions of each possible status.
Q13. What is required once the lenders reinstatement submission
is accepted and the status changes to "Reinstatement Pending"?
A13.
Lenders must execute the settlement agreement and pay the reinstatement
fee. To execute the settlement agreement, login to LASS via the
FHA Connection (https://entp.hud.gov/clas/index.cfm)
and click on the status "Reinstatement Pending". The settlement
agreement will display. Read the settlement agreement and scroll
to the bottom to execute it. Print the settlement agreement to be
mailed with the reinstatement fee. Once the settlement agreement
has been executed, the status in the LASS inbox will change to "Awaiting
Payment". The reinstatement fee must be paid in order to complete
the reinstatement process. See question 14. Once HUD receives the
reinstatement fee, the lender's FHA approval will be reactivated.
The status in the LASS inbox will change to "Reinstated".
Q14. How much is the reinstatement fee and how do I pay it?
A14.
The reinstatement fee is $1,000 and should be mailed overnight with
the settlement agreement to the Office of Lender Activities and
Program Compliance. The reinstatement fee should only be mailed
AFTER the submission has been accepted and the status in the LASS
inbox is "Awaiting Payment". Please note that if the lender was
also withdrawn for not paying the annual recertification fee, the
outstanding recertification fee must be added to the reinstatement
fee before the lender's FHA approval is reinstated. The OLA address
is:
US Department of Housing and Urban Development
490
L'Enfant Plaza East, SW
Suite 3214
Washington, DC 20024.
Q15. How long will it take to be reactivated once HUD receives
the reinstatement fee?
A15.
Once HUD receives the reinstatement fee, the lender's status will
change to "Reinstated" in the LASS inbox. The reactivation takes
approximately 24 hours to be effective. However, it may take a few
more days before the lender will be able to access CAVIERS. Lenders
should contact their Home Ownership Centers if they are experiencing
problems.
See
the LASS homepage to determine which Homeownership Center covers
you: http://www.hud.gov/offices/hsg/sfh/lass/prodlass.cfm
Q16. Please outline the steps again for the reinstatement process.
A16.
1. Lender will receive certified letter of withdrawal from HUD.
2. Lender has thirty (30) days from receipt of letter to appeal via
LASS.
3. Lender appeals via LASS. Lender can either choose a hearing or
reinstatement.
a) If the lender chooses a hearing, the Office of the
General Counsel will contact them with the date of the hearing.
b) If the lender chooses reinstatement, they have fourteen (14)
days to submit an acceptable reporting package to HUD.
4. Once the submission is accepted and the lenders status is "Reinstatement
Pending", the settlement agreement must be executed and the $1,000
reinstatement fee must be mailed to HUD (plus any outstanding annual
recertification fees, if applicable).
Q17. Please define each LASS status in the reinstatement process.
A17.
- "Withdrawn" - This status alerts the lender that they are
no longer active as a FHA lender and allows the lender to start
the appeals process if they so choose. Action required: Decide
whether to appeal within 30 days of withdrawal letter.
- "Reinstatement
Review" - This status alerts the lender that their submission
is under review at HUD. No action required.
- "Reinstatement
Cure Review" - This status alerts the lender that their submission
is under review at HUD. No action required.
- "Reinstatement
Pending" - This status alerts the lender that HUD has accepted
their submission. Action required: Lender needs to execute the
settlement agreement. Clicking on the "Reinstatement Pending"
status in the LASS inbox accesses the settlement agreement.
- "Awaiting
Payment" - This status alerts the lender that the $1,000 reinstatement
fee (plus any outstanding annual recertification fees, if applicable)
needs to be mailed to the Office of Lender Activities. Action
required: Overnight reinstatement fee to HUD.
- "Reinstated"
- This status alerts the lender that the reinstatement process
is complete and that their FHA approval has been reinstated.
No action required.
- "Withdrawal
Appeal Pending" - This status alerts the lender that they chose
to appeal the withdrawal of their FHA approval through a hearing
in front of the Mortgagee Review Board (MRB). No action required.
Office of General Counsel will contact lender.
- "Terminated"
- This status alerts the lender that HUD has not accepted their
appeal and they are no longer a FHA approved lender. No action
required. The lender is eligible to reapply after one (1) year
from the date of termination.
Q18. How do I contact HUD if I have technical or accounting questions?
A18.
Contact the Office of Lender Activities and Program Compliance at
(202) 755-7400 ext. 163 for LASS technical assistance; accounting/auditing
questions, call (202) 755-7400 ext. 100.
You can also email any technical or accounting questions to LASS@hud.gov.
Questions
not related to LASS or recertification should be directed to the
Office of Lender Activities and Program Compliance at (202) 755-7400
ext. 161.
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