CFPB Sues Repeat Offender Freedom Mortgage Corporation for Providing False Information to Federal Regulators
The Consumer Financial Protection Bureau (CFPB) filed a lawsuit in federal court on October 10, 2023, alleging that Freedom Mortgage Corporation submitted legally-required mortgage loan data that was riddled with errors. The CFPB alleges that Freedom’s practices violate both the Home Mortgage Disclosure Act (HMDA) and a 2019 consent order. In a recent separate matter, in August 2023 the CFPB fined Freedom $1.75 million for paying illegal kickbacks for mortgage loan referrals.
Freedom is a privately held nonbank mortgage loan originator and servicer with headquarters in Boca Raton, Florida. In 2020, Freedom reported HMDA data on more than 700,000 mortgage loan applications and originated nearly 400,000 HMDA-reportable loans worth almost $100 billion. Under HMDA, mortgage lenders are required to report information about loan applications and originations to the CFPB and other federal regulators. The public and regulators can use HMDA information to assess if the financial institutions are serving the housing needs of their communities, and to identify possible discrimination.
In 2019, the CFPB found that Freedom had intentionally misreported HMDA data about applicants’ race and ethnicity. For example, certain loan officers were told by managers or other loan officers that when applicants did not provide their race or ethnicity, they should select non-Hispanic white. The 2019 order required Freedom to pay a $1.75 million penalty, improve its compliance management system, and avoid future HMDA violations.
The 2023 lawsuit alleges that the HMDA data Freedom submitted for 2020 contained widespread errors across multiple data fields, and that the errors constitute violations of HMDA, the Consumer Financial Protection Act, and the 2019 order. Specifically, the CFPB alleges: (1) Freedom reported information to regulators with widespread inaccuracies: After the CFPB found 51 errors in an initial review of 159 files in Freedom’s 2020 submission, the company had to resubmit its data. In that resubmission, Freedom corrected errors in 35 different required HMDA data fields. There were errors in over 174,000 data entries affecting nearly 20% of Freedom’s mortgage loan applications; and (2) Freedom violated a 2019 law enforcement order to clean up its deficient data practices. It has failed to do this, and has continued to provide federal regulators with error-ridden data.
Under the Consumer Financial Protection Act (CFPA), the CFPB has the authority to take action against financial institutions violating consumer financial laws, including HMDA. The lawsuit seeks to stop Freedom’s alleged unlawful conduct and for it to pay a civil money penalty which will be deposited in the CFPB’s victims relief fund.
