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Capitalized terms in the following statements refer to those terms as
used in HUD Handbook 4000.1.
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1. I certify that I am a Corporate Officer of the abovementioned Mortgagee (hereinafter referred to as “the Mortgagee”); that I have the authority to legally bind the Mortgagee; and that I am authorized to execute these certifications and acknowledgments on behalf of the Mortgagee.
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2. I acknowledge that the Mortgagee is responsible for all actions of its officers, partners, directors, principals, managers, supervisors, loan processors, loan underwriters, loan originators, and other employees of the Mortgagee, and for the actions of any Affiliates participating in FHA programs for or on behalf of the Mortgagee.
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3. I certify that, to the best of my knowledge and after conducting a reasonable investigation, neither the Mortgagee nor any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator currently employed by or under contract with the Mortgagee:
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(a) Is subject to a current suspension, debarment, Limited Denial of
Participation (LDP) or other restriction imposed under 24 CFR Part 24, and 2
CFR Part 180 as supplemented by 2 CFR Part 2424, or any successor
regulations
to such parts, or under similar provisions of any other federal or state
agency;
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(b) Is under indictment for, or has been convicted of, an offense that
reflects adversely upon the Mortgagee’s integrity, competence, or fitness to
meet the responsibilities of an FHA-approved Mortgagee;
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(c) Was convicted of, or pled
guilty or
nolo contendere to, a felony related
to participation in the real estate or
mortgage loan industry:
i.
during the
seven-year
period
preceding the date of this application
for FHA approval, or
ii. at
any
time
preceding
the
date of
this application for FHA approval, if
such felony involved an act of fraud,
dishonesty, a breach of trust,
or
money
laundering;
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(d) Is subject to Unresolved Findings as a result of a HUD or other
governmental audit, investigation, or review;
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(e) Is engaged in business practices that do not conform to generally
accepted
practices of prudent Mortgagees or that demonstrate irresponsibility;
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(f) Is in violation of provisions of the Secure and Fair Enforcement (SAFE)
Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or its equivalent
under state law, including all Nationwide Multistate Licensing System and
Registry requirements.
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4. I certify that, to the best of my knowledge and after conducting a reasonable investigation, during the three-year period preceding the date of this application for FHA approval, neither the Mortgagee nor any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator currently employed by or under contract with the Mortgagee, was refused, or had revoked, any license necessary to conduct normal operations in the real estate or mortgage loan industry.
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5. I certify that, to the best of my knowledge and after conducting a reasonable investigation, during the 3-year period preceding the date of this application for FHA approval, neither the Mortgagee nor any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator employed by or under contract with the Mortgagee:
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(a) Was convicted of, indicted for, or otherwise criminally or civilly
charged
by a governmental entity (federal, state or local) with commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public transaction or contract under a public transaction;
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(b) Was convicted of, indicted for, or otherwise criminally or civilly
charged by a governmental entity with violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
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(c) Had one or more public transactions terminated for cause or default.
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6. I acknowledge, on behalf of the Mortgagee, its continuing obligation to notify HUD, in writing, within five days of any change to the information or documentation provided in connection with this application for approval.
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7. I acknowledge that, upon approval, and with its submission of each loan for insurance or request for insurance benefits, the Mortgagee will be subject to all applicable HUD regulations, Handbooks, Guidebooks, Mortgagee Letters, Title I Letters, policies and requirements, as well as Fair Housing regulations and laws including but not limited to 24 CFR § 5.105, Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) and Title VI of the Civil Rights Act of 1964.
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