A recent group of Federal Housing Administration settlements with lenders serve as a reminder that False Claims Act lawsuits are not going away any time soon.
FCA claims typically involve allegations that a person or entity has defrauded the government. There are severe penalties and
Worse, FHA has become increasingly aggressive in bringing such claims, which had traditionally been used only in some of the more egregious situations. Now, as a result of certain court decisions, the government has even more latitude in pursuing FCA and related claims against lenders.
At the end, this simply means that compliance must play an integral role in the origination process. If it does not, the ramifications can be far worse than they have been in the past.