§ 30.36 Other participants in FHA programs.

(a) General. The Assistant Secretary for Housing-Federal Housing Commissioner (or his/her designee) may initiate a civil money penalty action against any principal, officer, or employee of a mortgagee or lender, or other participants in either a mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act, or a provider of assistance to the borrower in connection with any such mortgage or loan, including: (1) Sellers; (2) Borrowers; (3) Closing agents; (4) Title companies; (5) Real estate agents; (6) Mortgage brokers; (7) Appraisers; (8) Sponsored third-party originators; (9) Dealers; (10) Consultants; (11) Contractors; (12) Subcontractors; and (13) Inspectors. (b) Knowing and material violations. The Assistant Secretary for Housing-Federal Housing Commissioner or his/her designee may impose a civil penalty on any person or entity identified in paragraph (a) of this section who knowingly and materially: (1) Submits false information to the Secretary in connection with any mortgage insured under the National Housing Act (12 U.S.C. 1701 et seq.), or any loan that is covered by a contract of insurance under title I of the National Housing Act; (2) Falsely certifies to the Secretary or submits a false certification by another person or entity to the Secretary in connection with any mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act; or (3) Is a loan dealer and fails to submit to the Secretary information which is required by regulations or directives in connection with any loan that is covered by a contract of insurance under title I of the National Housing Act. (c) Amount of penalty. The maximum penalty is $12,567 for each violation, up to a limit of $2,513,215 for all violations committed during any one-year period. Each violation shall constitute a separate violation as to each mortgage or loan application.