Pulte wants to look into ways to 'recall' loans with fraud

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Federal Housing Finance Agency Director Bill Pulte has signaled he will be reviewing methods for forcing the return of mortgaged funds for misrepresentation with no elaboration.

"FHFA, Fannie Mae, and Freddie Mac will be evaluating ways to 'recall loans' that have been obtained fraudulently," Pulte said in a pinned post on the X social media platform.

The comment, which followed an earlier Pulte post about a new FHFA fraud tip line, could mean the two government-related loan buyers will be doing more to get lenders to repurchase loans when there's deception. But it also may indicate more interest in holding consumers or others responsible.

Neither Pulte nor the FHFA had responded to requests for clarification at deadline.

Although it was not immediately clear what context Pulte was using the term in, across lending in general a "loan recall" refers to a situation where the return of borrowed funds are requested in response to breaches for financing contracts that can include fraud.

Pulte's use of the term "recall" may be in line with his roots in the homebuilding market, where it's used more commonly in financing arrangements than in single-family mortgages, where it can refer to a variety of circumstances.

In the single-family market, "loan acceleration" can be more commonly used and associated with what occurs in the foreclosure process. Recall also may be a term used in connection with a borrower's right or rescission, but that's unlikely in this case.

Single-family lenders in the United States may specifically recall mortgages from borrowers in certain instances when actual property use changes and becomes mismatched with what is represented in the loan documents within a certain timeframe.

Rarely does a need to change the status of a property down the road raise an issue that can't be worked out upfront in consultation with lenders, real estate agents and attorneys in drawing up contracts; particularly in the non-qualified mortgage market where loan terms are more flexible.

But historically, recalls have occurred in the mainstream mortgage market when a primary residence or a second home has changed status in certain ways less than 12 months after closing, if this is specified in a contract and a waiver has not been issued.

If the borrower signed a document promising to occupy the property for a minimum one year and the collateral instead becomes used as an investment property, this could be a concern for lenders because they often assign different terms for the latter type of loan. They may seek to recall it in response.

One industry source who asked to speak on background said Pulte's comment could be related to a FHFA referral to the U.S. Attorney General alleging New York AG and Trump foe Letitia James misrepresented her occupancy status and committed mortgage fraud. She has not been charged.

Sam Antar's White Collar Fraud, a blog published by a convicted felon who faced securities fraud charges in the 1980s but later came to advise law enforcement agencies on crime, first reported on the referral. 

A spokesman for James, who previously obtained a $454 million real estate judgment against the Trump Organization, told the New York Post and other outlets she "is focused every single day protecting New Yorkers, especially as this administration weaponizes the federal government against the rule of law."


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