Contents
Contents
Quicken Loans agreed to pay $32.5 million to resolve the Quicken mortgage fraud case over allegations that it certified ineligible loans for Federal Housing Administration insurance, including a loan approved with an allegedly inflated appraisal. The Justice Department described a requested value increase with the same comparable-sales analysis and the same signature date. If you worked in appraisal review, underwriting or quality control, the decision to accept that revision is the part of the story you may recognize.
The case follows the lender’s decisions from the loan file to federal insurance claims, then to a mediated settlement and HUD’s reported collection. Our mortgage whistleblower questions cover the broader connections among loan defects, government payments and insider evidence. Here, the revealing comparison is between the appraisal Quicken allegedly received and the one it allegedly used.
Quicken allegedly asked an appraiser to raise a home’s value from $180,000 to $185,000 so a borrower could receive more cash from a cash-out refinance. According to the Justice Department’s account of its complaint, the appraiser supplied the requested value without changing the comparable-sales analysis or even the date of the signature. Quicken then allegedly used the higher value to approve the loan.
The borrower was delinquent on the first payment, and HUD ultimately paid an FHA insurance claim of $204,208, the complaint alleged. In the Justice Department’s allegation, the value rose. The sales stayed the same.
For an appraisal reviewer, the Quicken allegation is unusually concrete. The Justice Department described both the lender’s request for a particular value and its adoption of the revised appraisal. An employee familiar with those exchanges can explain who wanted the change, what support accompanied it and how it reached the approval file.
Federal Housing Administration direct endorsement gave Quicken authority to originate, underwrite and certify mortgages for federal insurance without FHA or HUD reviewing each loan’s underwriting first. The Department of Housing and Urban Development relied on the lender to follow the program’s rules and certify that each endorsed loan met the applicable standards. The underwriting decision inside the company therefore carried a promise to the federal insurer.
If the insured loan later defaulted, its holder could submit an insurance claim to HUD, the Federal Housing Administration’s parent agency. The lender’s approval and certification put the loan into the insurance program, while the later claim asked the program to pay. The Justice Department’s appraisal example followed those decisions through to an actual claim payment.
That division of work gives different insiders different views of the same loan. An appraiser knows the valuation and the requests to revise it. An underwriter knows which version supported approval, while the certification and claim records show what the lender represented and what the insurer paid. We connect those records to the people who made each decision.
The Justice Department alleged that Quicken encouraged an underwriting process in which employees disregarded FHA requirements and falsely certified compliance. Its complaint described a value-appeal process that sought specific inflated values without justification when an appraisal came in too low for approval. It also alleged that managers granted exceptions allowing underwriters to break FHA rules to approve loans.
The department’s account placed concerns about those practices inside senior management. It quoted an email attributed to Quicken’s divisional vice president for underwriting about the team challenging appraisers’ values:
I don’t think the media and any other mortgage company (FNMA, FHA, FMLC) would like the fact we have a team who is responsible to push back on appraisers questioning their appraised values.
The complaint announcement also described an email in which the same executive said that 40 percent of the management exceptions on FHA early-payment defaults should not have been granted. For a quality-control employee, the useful connection is between the loans reviewed, the problem identified and the executives who received the warning.
The Justice Department further alleged that Quicken failed to maintain adequate quality control and failed to report deficient loans it identified. According to the complaint, Quicken did not report a single underwriting deficiency to HUD during the period at issue. A reviewer who knows what was found internally may also know what happened when those findings reached management.
The same announcement described a loan approved using what an operations director called “bastard income.” The Justice Department quoted the executive’s explanation:
trying to put some kind of income together that is plausible to the investor even though we know its creation comes from something evil and horrible.
For an underwriter, that allegation reaches beyond an inflated property value to the income used to qualify the borrower. If you know how an income figure was assembled and who approved it, your knowledge can explain a decision that the final certification alone does not show. In the executive’s description quoted by the Justice Department, we see an income check turned into a writing assignment.
The Justice Department brought the Quicken mortgage fraud case under the False Claims Act, and Quicken later reached a mediated settlement. The department announced its complaint on April 23, 2015, alleging conduct involving FHA loans from September 2007 through December 2011.
A March 9, 2017 ruling narrowed the case by dismissing the False Claims Act allegations about insurance claims submitted before April 23, 2009 and a practice involving manipulation of data. Other allegations remained, and Quicken reached the mediated agreement on June 3, 2019.
A settlement sets a payment obligation, while collection records show what was actually paid. In Quicken’s case, the HUD Inspector General’s settlement memorandum reported that the settlement amount due HUD, less the Justice Department’s civil-debt collection fees, was paid in full on June 14, 2019.
The appraisal request, the appraisal versions, the underwriting decision, the FHA certification and the insurance claim connect the alleged change to government money. The Quicken example puts the comparable-sales analysis and signature date inside that comparison. We examine the same loan across those records, including who requested the revision and who accepted it.
Quality-control records add another part of the account. They show what reviewers identified, which managers received their findings and what the company reported afterward. For someone considering reporting mortgage fraud, knowing why a finding stayed inside the lender can be as useful as knowing what the original file contained.
Guild Mortgage provides a nearby comparison. In its complaint against Guild, the Justice Department alleged that underwriters waived mandatory FHA conditions and junior underwriters cleared conditions requiring qualified review. Its examples followed the alleged defects through certifications to particular HUD payments. The appraisal revision in Quicken and the condition decisions in Guild give insiders concrete decisions to connect to the later claims.
A person working with the source documents may know why the approval file changed, while someone handling insurance claims may know what was submitted for payment. Our work brings those views together. We assess what your knowledge explains about the representation, the lender’s decisions and the government money involved.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. We assess the potential mortgage whistleblower reward with the case itself, starting with the conduct and payment your evidence can explain.
If you saw a requested value replace the supported appraisal or a known underwriting defect disappear before certification, speak to one of our Whistleblower Experts about what happened inside the loan file. We build the case around your knowledge and bring in mortgage fraud whistleblower lawyers who understand FHA appraisal, underwriting and claim records. We stay beside you from the first conversation through the pursuit of the government’s recovery, working to build your strongest mortgage fraud whistleblower case.