U. S. Department of Housing and Urban Development Washington, D.C. 20410-8000 April 8, 1997 OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER TI-448 TO: ALL TITLE I LENDING INSTITUTIONS SUBJECT: DECEPTIVE ADVERTISING BY DEALER/CONTRACTORS AND LENDERS In Title I Letter TI-434 , issued on September 29, 1995, the Department informed all Title I lenders that deceptive and misleading advertising by lenders and dealers/contractors would not be tolerated and that sanctions would be taken unless the situation was corrected immediately. Subsequent to the issuance of TI-434 , HUD has taken action against a number of Title I lending institutions by means of both fines and sanctions. Unfortunately, deceptive advertising, primarily on the part of dealers and contractors, has continued. These actions will not be tolerated by the Department. False and misleading advertising is an affront to ethical business practices and harms both the consumer and the lender. Most of the advertisements brought to our attention do not even identify the names of the dealers/contractors -- they merely offer telephone numbers to call for further information. Additionally, dealers/contractors should advertise their skills and services and not imply or infer that prospective borrowers will receive some special assistance from HUD. Such language is misleading and must be stopped. TI-434 reminded lenders that the performance of a dealer/contractor is an important lender responsibility, and that all lenders were to review and approve each dealer's/contractor's advertising. Based on recent advertising, the supervision of dealers and contractors appears to be woefully deficient. Lenders that continue to do business with entities using deceptive advertising are subject to sanctions and civil money penalties for lack of compliance and dealers/contractors may be barred from participation in federal programs. Lenders should provide copies of TI-434 and this Title I Letter to each approved dealer/contractor and make it a regular part of your dealer/contractor approval and renewal process. -2- If you have any questions about this letter, please call the Quality Assurance Division, at (202)-708-2830. Sincerely, Nicholas P. Retsinas Assistant Secretary for Housing- Federal Housing Commissioner