Notice2021-25117
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2021
Effective
December 20, 2021
Issuing agencies
Housing and Urban Development Department
Abstract
Home Equity Conversion Mortgage loan servicing is provided by the Home Equity Reverse Mortgage Information Technology (HERMIT). Under the Privacy Act of 1974, as amended, the Department of the Housing and Urban Development (HUD) is issuing a public notice of its intent to modify the Deputy Assistant Secretary for Finance and Budget, Federal Housing Administration, Office Systems and Technology, Office of Housing Privacy Act system of records, Home Equity Reverse Mortgage Information Technology (HERMIT), this system of records is being revised to make clarifying changes within system of records, system location, system manager, authority for maintenance of the system, purpose of the system, categories of individuals covered by the system, categories of records in the system, records source categories, routine uses of records maintained in the system, retrieval of records, retention and deposal of records, records access, contesting of records, and notification sections.
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64515-64519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25117]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7046-N-09]
Privacy Act of 1974; System of Records
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of a modified system of records.
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SUMMARY: Home Equity Conversion Mortgage loan servicing is provided by
the Home Equity Reverse Mortgage Information Technology (HERMIT). Under
the Privacy Act of 1974, as amended, the Department of the Housing and
Urban Development (HUD) is issuing a public notice of its intent to
modify the Deputy Assistant Secretary for Finance and Budget, Federal
Housing Administration, Office Systems and Technology, Office of
Housing Privacy Act system of records, Home Equity Reverse Mortgage
Information Technology (HERMIT), this system of records is being
revised to make clarifying changes within system of records, system
location, system manager, authority for maintenance of the system,
purpose of the system, categories of individuals covered by the system,
categories of records in the system, records source categories, routine
uses of records maintained in the system, retrieval of records,
retention and deposal of records, records access, contesting of
records, and notification sections.
DATES: This notice action shall be applicable immediately, which will
become effective December 20, 2021.
Comments will be accepted on or before: December 20, 2021.
ADDRESSES: You may submit comments, identified by docket number by one
method:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically;
Fax: 202-619-8365;
Email: <a href="/cdn-cgi/l/email-protection#dbacacacf5aba9b2adbab8a29bb3aebff5bcb4ad"><span class="__cf_email__" data-cfemail="146363633a64667d6275776d547c61703a737b62">[email protected]</span></a>;
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139;
Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: LaDonne White, Chief Privacy Officer,
451 Seventh Street SW, Room 10139, Washington, DC 20410, telephone
number 202-708-3559 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The Department of Housing and Urban
Development (HUD), Office Systems and Technology, Office of Housing
maintains the ``Home Equity Reverse Mortgage Information Technology''
system of records. HUD is publishing this revised notice to establish a
new and modified routine use and to reflect updated information in the
sections being revised. The modification of the system of records will
have no undue impact on the privacy of individuals and updates follow
the records collected.
The previous SORN updates include:
1. System Number: Updated to classify new system of records number
designation to alignment with HUD's system of records inventory.
2. System Location: Replaced former locations with locations of
where the system is maintained. HERMIT is maintained at: The business
service providers, Reverse Market Insight, Inc. at these primary
locations: 2101 Gaithersburg Road, Rockville MD 20850; and 4100 Smith
School Road, Austin Texas 78744.
3. System Manager: Identified new system manager expected to
operate under this system of records.
4. Authority for Maintenance of the System: Listed existing HUD
authority and missing authority section that permits the collection of
social security numbers: The Housing and Community Development Act of
1987 (42 U.S.C. 3543(a)); and The Debt Collection Act of 1982, Public
Law 97-365.
5. Purpose of the System: Applied non-substantive changes to
identify system functions with clarity and conciseness for public
awareness.
6. Categories of Individuals Covered: Added existing system user
groups and purpose the user group serves.
7. Categories of Records in the System: Removed ``Loan Production
HERMIT loan production records include personally identifiable
information (PII) data pertaining to HECM Housing Counseling data: Full
name of HECM housing counselor, HECM Certificate of Counseling, HECM
counselor ID numbers, and borrowers' full names, property addresses,
birthdates, Social Security numbers, and phone numbers.'' These records
were not collected and determined not needed for HERMIT's business
process. These records instead were incorporated under the HUD loan
underwriting and origination process.
8. Records Source Categories: Updated to cover all record sources
for system programs.
9. Routine Use of Records in System:
(a) Added new routine uses to facilitate data sharing to support
agency dispute resolution process between HUD and General Service
Administration.
(b) Updated routine use for breach remediation efforts to extend
agency data sharing when relevant for breach remediation efforts to
appropriate agencies.
(c) Removed routine use ``To housing counselors to comply with new
HECM housing counseling policies to include training and
certification'', these records were determined not needed for HERMIT
business process.
(d) Reorganized routine uses and incorporated HUD's 2015 blanket
routine uses publication as part of this system of records.
10. Records Retention and Disposition: Updated to describe
retention and disposal requirements.
11. Policy and Practice for Retrieval of Records: Updated to
include minor changes and format.
12. Records Access, Contesting, and Notification Procedures:
Updated to include Federal requirements and HUD office to which the
individuals' request should be directed.
SYSTEM NAME AND NUMBER:
Home Equity Reverse Mortgage Information Technology (HERMIT), HOU-
31.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The systems are hosted by the business service providers, Reverse
Market Insight, Inc. at these primary locations: 2101 Gaithersburg
Road,
[[Page 64516]]
Rockville MD 20850; and 4100 Smith School Road, Austin Texas 78744.
SYSTEM MANAGER(S):
Juanita Johnson, System Manager, Office of Systems and Technology,
451 Seventh Street SW, Room 2242, Washington, DC 20410, telephone
number (202) 402-5348.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 255 of the National Housing Act of 1934 (12 U.S.C. 1715z-
20) covers the Federal Housing Administration (FHA) reverse mortgage
program for the elderly, the Home Equity Conversion Mortgage (HECM)
program. The Housing and Community Development Act of 1987 (42 U.S.C.
3543(a)) and the Debt Collection Act of 1982, Public Law 97-365.
PURPOSES OF THE SYSTEM:
HERMIT is a conversion mortgage loan servicing technology, operated
by Federal Housing Administration (FHA) for Home Equity Conversion
Mortgage (HECM) Programs including insurance Endorsed loans and
Secretary-held Assigned Notes. HECM Program personnel operate HERMIT to
collect, store, present, and deliver core reverse mortgage data,
including all borrower and loan characteristics required to manage HECM
Program obligations and performance such as loan setup, servicing
actions, compliance monitoring, default management, asset sale
transfers, claims processing, payment reporting's, and lender portfolio
management. Records collected are utilized to analyze and assess the
health of the program, its impact on FHA operations, and program
participants compliance with specific Federal requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
HECM mortgagors (homeowners) including borrower, co-borrower, and
non-borrowing spouse; FHA-approved HECM business partners including
mortgagee (lender) originators, servicers, and investors; and HECM
personnel for Home Equity Conversion Mortgages insured under HUD's HECM
mortgage insurance program.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in HERMIT include:
System Users: Full name (first, middle, last), telephone number,
email address, user id, user passcode, lender id.
Borrowers (Mortgagors): Full names (first, middle, last), property
address, social security numbers (SSNs), driver license, telephone
number, email address, marital status, gender, birth, and death dates
including death notification details; financial account information
including bank accounts and routing numbers, debits and credits to HUD
accounts based on transaction events; and details about the mortgage
loan, including loan application and appraisal documents.
Non-Borrower Spouses: Full name (first, middle, last), SSN, date of
birth; and details about the mortgage loan including loan application
documentation.
FHA-approved HECM business partners: (mortgagees/investors): Full
name (first, middle, last), SSN, tax identification number (TIN),
lender id; organization name; and banking information (institutional
information, routings account numbers, and account types); telephone
number, fax number, email address, and FHA Case Number (For HECM loans
reported to HUD, the FHA case number represents the lender requested
case number).
Borrowers' property inspections: Full name (first, middle, last),
SSN; property inspections; property address, annual occupancy
certification and recording of assigned notes.
Borrowers' claims information: Full name (first, middle, last),
property address, SSN, driver license, email address, date and death
dates, gender, marital status; assisted living and healthcare details;
disposition information including deed-in-lieu, short sale,
foreclosure, and appraisal claim; property protection and preservation
details; loan application and payment details; financial account
information including bank accounts and routing numbers, debits and
credits to HUD accounts based on transaction events.
Borrowers of Investors (Purchasers) asset sales information: Full
name (first, middle, last), property address, SSN, birth, and death
dates) and loan balance details
Borrowers' death indications: Full name (first, middle, last),
social security number, date of birth, and date of death.
RECORD SOURCE CATEGORIES:
Records in this system are provided on behalf of the borrowers
(mortgagors) from individuals (FHA HECM approved mortgagee and Business
Service Provider) and HUD personnel.
Existing HUD information systems: F17/Computerized Homes
Underwriting Management System (CHUMS), A80S/Single Family Acquired
Asset Management; Single Family Asset Sales by Secure File Transfer
Protocol, P269/Reporting and Feedback System. Information is also
shared with Federal information systems Social Security Administration
Death Master File (DMF), and U.S. Department of Treasury's <a href="http://Pay.gov">Pay.gov</a> and
Secure Payment System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Besides those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information in this system may be disclosed outside of HUD as a routine
use under 5 U.S.C. 552a(b)(3):
General Service Administration Information Disclosure Routine Use:
(a) To the National Archives and Records Administration (NARA) and
the General Services Administration (GSA) for records having sufficient
historical or other value to warrant its continued preservation by the
United States Government, or for inspection under authority of Title
44, Chapter 29, of the United States Code.
(a) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent to fulfill its
responsibilities in 5 U.S.C. 552(h), to review administrative agency
policies, procedures, and compliance with the Freedom of Information
Act (FOIA), and to facilitate OGIS's offering of mediation service to
resolve disputes between persons making FOIA requests and
administrative agencies.
(2) Congressional Inquiries Disclosure Routine Use:
To a congressional office from the record of an individual, in
response to an inquiry from the congressional office made at the
request of that individual.
(3) Health and Safety Prevention Disclosure Routine Use:
To appropriate Federal, State, and local governments, or persons,
under showing compelling circumstances affecting the health or safety
or vital interest of an individual or data subject, including assisting
such agencies or organizations in preventing the exposure to or
transmission of a communicable or quarantinable disease, or to combat
other significant public health threats, if upon such disclosure
appropriate notice was transmitted to the last known address of such
individual to identify the health threat or risk.
(4) Prevention of Fraud, Waste, and Abuse Disclosure Routine Use:
To Federal agencies, non-Federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents
[[Page 64517]]
with whom HUD has a contract, service agreement, grant, cooperative
agreement, or computer matching agreement for: (1) Detection,
prevention, and recovery of improper payments; (2) detection and
prevention of fraud, waste, and abuse in major Federal programs
administered by a Federal agency or non-Federal entity; (3) detection
of fraud, waste, and abuse by individuals in their operations and
programs, but only if the information shared is necessary and relevant
to verify pre-award and prepayment requirements before the release of
Federal funds, prevent and recover improper payments for services
rendered under programs of HUD or of those Federal agencies and non-
Federal entities to which HUD provides information under this routine
use.
(5) Research and Statistical Analysis Disclosure Routine Uses:
(a) To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, or cooperative agreement, when necessary to
accomplish an agency function, related to a system of records, for
statistical analysis and research supporting program operations,
management, performance monitoring, evaluation, risk management, and
policy development, or to otherwise support the Department's mission.
Records under this routine use may not be used in whole or in part to
make decisions that affect the rights, benefits, or privileges of
specific individuals. The results of the matched information may not be
disclosed in identifiable form.
(b) To a recipient who has provided the agency with advance,
adequate written assurance that the record provided from the system of
records will be used solely for statistical research or reporting
purposes. Records under this condition will be disclosed or transferred
in a form that does not identify an individual.
(6) Information Sharing Environment Disclosure Routine Uses:
(a) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, or cooperative agreement with HUD, when necessary to accomplish
an agency function related to a system of records. Disclosure
requirements are limited to only those data elements considered
relevant to accomplishing an agency function. Individuals provided
information under these routine use conditions are subject to Privacy
Act requirements and disclosure limitations imposed on the Department.
(b) To FHA-approved HECM servicing mortgagees to give notice of
miscalculations or other errors in subsidy computation, to pay claims,
or for compliance or other servicing-related functions.
(c) To taxing authorities, insurance companies, homeowners'
associations, or condominium associations for maintaining the property
while HUD is the servicer of record to ensure property taxes, insurance
payments, and/or homeowners/condominium association fees are current.
(d) To the U.S. Department of the Treasury for collection and
disbursement transactions (<a href="http://Pay.gov">Pay.gov</a>, Automated Clearing House (ACH),
Secure Payment System (SPS)).
(e) To title insurance companies or financial institutions to allow
HUD to respond to inquiries for payoff figures on HECM assigned loans.
(f) To recorders' offices for recording legal documents and
responses to bankruptcy courts or other legal responses required during
the servicing of the insured loan to allow HUD to release mortgage
liens, respond to bankruptcies or deaths of mortgagors to protect the
interest of the Secretary of HUD.
(g) To the Federal Bureau of Investigation to investigate possible
fraud revealed while servicing efforts to allow HUD to protect the
interests of the Secretary of HUD.
(h) To an Administrative Law Judge and to the interested parties to
the extent necessary for conducting administrative proceedings where
HUD is a party.
(i) To welfare agencies for fraud investigation to allow HUD to
respond to state government inquiries when a HECM mortgagor is
committed to a nursing home.
(j) To requestors, as required by the FOIA, records that have been
frequently requested'' and disclosed under the FOIA within the meaning
of that Act, as determined by the HUD, are provided to the public for
routine inspection and copying.
(7) Data Testing for Technology Implementation Disclosure Routine
Use:
To contractors, experts and consultants with whom HUD has a
contract, service agreement, or other assignment of the Department,
when necessary to utilize data to test new technology and systems
designed to enhance program operations and performance.
(8) Data Breach Remediation Purposes Routine Use:
To appropriate agencies, entities, and persons when:
To another Federal agency or Federal entity, when HUD determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed there has breached the system of records, (2)
the HUD has determined that because of the suspected or confirmed
breach there is a risk of harm to individuals, the HUD (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist with the HUD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
(9) Disclosures for Law Enforcement Investigations Routine Uses:
(a) To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations responsible for
investigating or prosecuting the violations of, or for enforcing or
implementing, a statute, rule, regulation, order, or license, where HUD
determines that the information would help to enforce civil or criminal
laws.
(b) To third parties during a law enforcement investigation, to the
extent to obtain information pertinent to the investigation, disclosed
such information is appropriate to the proper performance of the
official duties of the officer making the disclosure.
(10) Court or Law Enforcement Proceedings Disclosure Routine Uses:
(a) To a court, magistrate, administrative tribunal, or arbitrator
while presenting evidence, including disclosures to opposing counsel or
witnesses in civil discovery, litigation, mediation, or settlement
negotiations; or in connection with criminal law proceedings; or in
response to a subpoena or to a prosecution request when such records to
be released are specifically approved by a court provided order.
(b) To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations
[[Page 64518]]
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where HUD determines that the information would help to
enforce civil or criminal laws.
(c) To third parties during a law enforcement investigation to the
extent to obtain information pertinent to the investigation, provided
disclosure is appropriate to the proper performance of the official
duties of the officer making the disclosure.
(d) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to the agency that maintains the record,
specifying the portion desired and the law enforcement activity for
which the record is sought.
(11) Department of Justice for Litigation Disclosure Routine Use:
To the Department of Justice (DOJ) when seeking legal advice for a
HUD initiative or in response to DOJ's request for the Start Printed
Page 81840information, after either HUD or DOJ determine that such
information relates to DOJ's representatives of the United States or
any other components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines before disclosure that disclosure of the records to DOJ is a
use of the information in the records compatible with the purpose for
which HUD collected the records. HUD on its own may disclose records in
this system of records in legal proceedings before a court or
administrative body after determining that disclosing the records to
the court or administrative body is a use of the information in the
records compatible with the purpose for which HUD collected the
records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and Electronic.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name, Social Security Number, Tax
Identification Number, FHA case number, location and contact
information (home address, telephone number, personal email address).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The policies and practices for retention and disposal of records
includes:
GRS 5.2, item 20, Collections, Disbursements, Servicing, and Asset
management records. This schedule covers records created by FHA and its
approved business partners to administer HECM Program loans granted,
serviced, assigned, or claims related submission. Destroy upon
verification of successful creation of the final document or file, or
when no longer needed for business use, whichever is later.
GRS 1.1, item 010, HECM Premiums, Notes, and Claims Records. This
schedule covers records created by FHA and its approved business
partners to perform financial management responsibilities. Destroy 6
years after final payment or cancellation, but longer retention is
authorized if required for business use.
GRS 3.2, item 031, Correspondence, Emails, Non-financial
Transactions, and Reports. This schedule supports user account
management and administration. Destroy 6 years after password is
altered or user account is terminated, but longer retention is
authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FHA ensures the protection of program participants' PII and
mortgagee business sensitive information by ensuring HERMIT's
compliance with Federal requirements and HUD's security and privacy
standards.
Administrative Controls: Data backups secured off-site; access
granted only to authorized personnel; periodic security audits; regular
monitoring of users' security practices. HUD access is safeguarded
according to rules and policies, including all applicable automated
processes according to security and privacy safeguard policies.
Physical Controls: Key card, controlled access, security guards,
and identification badges and secure data physical methods are used to
ensure only authorized users have access to PII; Periodic security
audits, regular monitoring of system users' behavior are conducted;
Primary and recovery facilities control physical access to information
system output devices to prevent unauthorized individuals from
obtaining the output.
Technical Controls: Biometrics, firewalls, role-based access
controls, virtual private network, use of privileged (Elevated Roles),
external certificate authority certificates, PIV cards and intrusion
detection system. The system sends and receives data through HUD
Security File Transfer Protocol (SFTP), which encrypts the data. SSNs
are encrypted during transmission to protect session information and at
rest. System incorporates least privilege access, user identification
and passwords.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information on themselves should address written inquiries to
the Department of Housing Urban and Development 451 7th Street, SW
Washington, DC, 20410-0001. For verification, individuals should
provide full name, current address, and telephone number. In addition,
the requester must provide either a notarized statement or an unsworn
declaration made under 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(Date). (Signature)
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(Date). (Signature).''
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing, contesting, and appealing agency
determinations by the individual concerned are published in 24 CFR part
16 or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Department of Housing Urban Development Office of Systems and
Technology, 451 7th street SW, Washington, DC 20410-0001. For
verification, individuals should provide full name, office or
organization where assigned, if applicable, and current address and
telephone number. In addition, the requester must provide either a
notarized statement or an unsworn declaration made under 28 U.S.C.
1746, in the following format:
If eLadoxecuted outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. executed on
(Date). (Signature).''
[[Page 64519]]
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. executed on
(Date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The SORN History includes HSNG/HWAT.01:
<bullet> 81 FR-33690 (May 27, 2016)
<bullet> 77 FR-61620 (October 10, 2012)
LaDonne L. White,
Departmental Privacy Officer.
[FR Doc. 2021-25117 Filed 11-17-21; 8:45 am]
BILLING CODE 4210-67-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.