BOSTON – The U.S. Attorney’s Office has reached a $1,025,000 civil settlement with First American Mortgage Trust, d/b/a NXTLoan.com, a small mortgage lender based in Brighton, Mass., and its founder and CEO, Barry S. Polack, in connection with allegations that they submitted false insurance claims on mortgages insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA).
The settlement resolves allegations that First American, at Polack’s direction, ignored FHA’s due diligence requirements and falsely certified that First American loans qualified for FHA insurance when they did not. The settlement also resolves allegations that Polack falsely certified to FHA that First American complied with quality control requirements and failed to report known loan defects.
“This settlement is another example of the government’s efforts to hold mortgage lenders and individuals accountable for fraudulent underwriting of government-insured mortgages,” said United States Attorney Carmen M. Ortiz. “In order to obtain HUD insurance, First American certified that its loans complied with HUD’s quality standards while ignoring defects that made the loans ineligible for FHA insurance.”
“This settlement agreement resolves allegations that First American Mortgage Trust, entrusted by American taxpayers to comply with FHA regulations, failed to conform with certain FHA requirements in connection with submission of insurance claims insured by FHA,” said Inspector General David A. Montoya for HUD. “This settlement demonstrates a continued commitment to address business practices that potentially harm the FHA program and its participants.”
“We will not tolerate the reckless disregard for FHA’s underwriting standards,” said...