Privacy Office PTA

U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

PRIVACY THRESHOLD ANALYSIS (PTA)

FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Programs

OMB Control Number 2502-0589

Office of Single Family Asset Management

April 22, 2019

PRIVACY THRESHOLD ANALYSIS (PTA)

The PTA is a compliance form developed by the Privacy Branch to identify the use of Personally Identifiable Information (PII) across the Department. The PTA is the first step in the PII verification process, which focuses on these areas of inquiry:

• Purpose for the information,

• Type of information,

• Sensitivity of the information,

• Use of the information,

• And the risk to the information.

Please use the attached form to determine whether a Privacy and Civil Liberties Impact Assessment (PCLIA) is required under the E-Government Act of 2002 or a System of Record Notice (SORN) is required under the Privacy Act of 1974, as amended.

Please complete this form and send it to your program Privacy Liaison Officer (PLO). If you have no program Privacy Liaison Officer, please send the PTA to the HUD Privacy Branch:

John Bravacos, Senior Agency Official for Privacy

Privacy Branch

U.S. Department of Housing and Urban Development

[email protected]

Upon receipt from your program PLO, the HUD Privacy Branch will review this form. If a PCLIA or SORN is required, the HUD Privacy Branch will send you a copy of the PCLIA and SORN templates to complete and return.

PRIVACY THRESHOLD ANALYSIS (PTA)

Summary Information

Project or Program Name: (OMB Title & Control Number)	FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Programs and OMB Control Number 2502-0589
Program:
CSAM Name (if applicable):	N/A	CSAM Number (if applicable):	N/A
Type of Project or Program:		Project or program status:
Date first developed:	September 26, 2006	Pilot launch date:	N/A
Date of last PTA update:	Unknown	Pilot end date:	N/A
ATO Status (if applicable)		ATO expiration date (if applicable):	N/A

PROJECT OR PROGRAM MANAGER

Name:	Venida Brown
Office:	Single Family Asset Management	Title:	Housing Program Specialist
Phone:	202-402-2456	Email:	[email protected]

INFORMATION SYSTEM SECURITY OFFICER (ISSO) (if applicable)

Name:	N/A
Phone:	N/A	Email:	N/A

Specific PTA Questions

1. Reason for submitting the PTA:

HUD is seeking an extension approval from the Office of Management and Budget (OMB) for information collection number 2502-0589. This information collection is a comprehensive collection of requirements for mortgagees, who service FHA-insured mortgages that are delinquent, in default or in foreclosure and the borrowers who are involved with FHA’s Loss Mitigation Program/options. The data and information provided is essential for managing HUD’s programs and the FHA Insurance Fund. The respondents are Mortgagees responsible to FHA for the proper servicing of FHA-insured mortgages and reporting to FHA. The information is subject to the Privacy Act and may be made available only to the appropriate Federal, State, and local agency.

The listed HUD forms are included in this collection of information and do not have substantial changes to the language contained in the forms.

Form HUD- 27011, Single-Family Application for Insurance Benefits is a multi-use form submitted electronically via FHA Connection. This form is used to file a claim for FHA-Insurance benefits for claim types PFS and Deed-in-Lieu of Foreclosure.

Form HUD- 90035, Information Sheet Pre-foreclosure Sale Procedure: When a Borrower has expressed an interest in participating in the PFS program or has been identified by the Mortgagee as a qualified candidate for the PFS Program, the Mortgagee must mail form HUD-90035, adding its toll-free or collect telephone number to the form. This policy is listed in FHA’s Single Family Housing Policy Handbook 4000.1, Section III.A.2.l.ii.

Form HUD- 90041, Request for Variance Pre-foreclosure Sale Procedure: Upon receipt of the Government’s Estimate of the Cost to Repair, the Mortgagee must submit form HUD-90041to HUD via the Extensions and Variances Automated Requests System (EVARS) to obtain approval prior to entering into a PFS Agreement with the Borrower. The Mortgagee must note on the form the specific reason for the request and attach any supporting documents needed for the Department’s review. This guidance is listed in FHA’s Single Family Housing Policy Handbook 4000.1, Section III.A.2.l.ii.

Form HUD- 90045, Approval to Participate Property Sales Information Property Occupancy and Maintenance Pre-foreclosure Sale Procedure: After determining that a Borrower and Property meet the PFS eligibility requirements, the Mortgagee must notify the Borrower by sending an Approval to Participate in the PFS Program, form HUD-90045. This guidance is listed in FHA’s Single Family Housing Policy Handbook 4000.1, Section III.A.2.l.ii.

Form HUD- 90051, Sales Contract Review Pre-foreclosure Sale Procedure: After receiving an executed Contract of Sale from the Borrower, the Mortgagee must send to the Borrower form HUD-90051 no later than five business days from the Mortgagee’s receipt of an executed Contract for Sale. This guidance is listed in FHA’s Single Family Housing Policy Handbook 4000.1, Section III.A.2.l.ii.

Form HUD- 90052, Closing Worksheet Pre-foreclosure Sale Procedure: Prior to closing, the Mortgagee must provide the Closing Agent with form HUD-90052, Closing Worksheet, which lists all amounts payable from Net Sale Proceeds. The Mortgagee must also ensure that this completed form HUD-90052 is included in the Claim Review File. This guidance is listed in FHA’s Single Family Housing Policy Handbook 4000.1, Section III.A.2.l.ii.

Does this system employ the following technologies? If you are using these technologies and want coverage under the respective PIA for that technology, please stop here and contact the HUD Privacy Branch for further guidance.

Social Media Web portal2 (e.g., SharePoint) Contact Lists Public website (e.g. A website operated by HUD, contractor, or other organization on behalf of the HUD None of these

From whom does the Project or Program collect, maintain, use, or disseminate information? Please check all that apply.

This program collects no personally identifiable information3 Members of the public HUD employees/contractors (list programs): Contractors working on behalf of HUD Employees of other federal agencies Other (e.g. business entity)

What specific information about individuals is collected, generated or retained?
Name, social security number, property address and telephone number are required to obtain or retain benefits in the program.
4(a) Does the project, program, or system retrieve information from the system about a U.S. Citizen or lawfully admitted permanent resident aliens by a personal identifier?	No. Please continue to next question. Yes. If yes, please list all personal identifiers used: Name, social security number, property address and telephone number
4(b) Does the project, program, or system have an existing System of Records Notice (SORN) that has already been published in the Federal Register that covers the information collected?	No. Please continue to next question. Yes. If yes, provide the system name and number, and the Federal Register citation(s) for the most recent complete notice and any subsequent notices reflecting amendment to the system
4(c)Has the project, program, or system undergone any significant changes since the SORN?	No. Please continue to next question. Yes. If yes, please describe.
4(d) Does the project, program, or system use Social Security Numbers (SSN)?	No. Yes.
4(e) If yes, please provide the specific legal authority and purpose for the collection of SSNs:	Section 165 of the Housing and Community Development Act of 1987, 42 U.S.C. 3543, requires persons applying for assistance under HUD programs to furnish his or her Social Security number (SSN).
4(f) If yes, please describe the uses of the SSNs within the project, program, or system:	The social security number is used as a unique identifier.
4(g) If this project, program, or system is an information technology/system, does it relate solely to infrastructure? For example, is the system a Local Area Network (LAN) or Wide Area Network (WAN)?	No. Please continue to next question. Yes. If a log kept of communication traffic, please answer this question.
4(h) If header or payload data4 is stored in the communication traffic log, please detail the data elements stored.
Click here to enter text.

Does this project, program, or system connect, receive, or share PII with any other HUD programs or systems?	No. Yes. If yes, please list: FHA Case number and Loan number Sharing Agreement with Government National Mortgage Association (Ginnie Mae)
Does this project, program, or system connect, receive, or share PII with any external (non-HUD) partners or systems?	No. Yes. If yes, please list: Click here to enter text.
6(a) Is this external sharing pursuant to new or existing information sharing access agreement (MOU, MOA, etc.)?	N/A Please describe applicable information sharing governance in place:
7. Does the project, program, or system provide role-based training for personnel who have access in addition to annual privacy training required of all HUD personnel?	No. Yes. If yes, please list:
Per NIST SP 800-53 Rev. 4, Appendix J, does the project, program, or system maintain an accounting of disclosures of PII to individuals/agencies who have requested access to their PII?	No. What steps will be taken to develop and maintain the accounting: Yes. In what format is the accounting maintained:
Is there a FIPS 199 determination?5	Unknown. No. Yes. Please indicate the determinations for each of the following: Confidentiality: Low Moderate High Integrity: Low Moderate High Availability: Low Moderate High

PRIVACY THRESHOLD ANALYSIS REVIEW

(To be Completed by PROGRAM PLO)

Program Privacy Liaison Reviewer:	Kim N. Sanders
Date submitted to Program Privacy Office:	March 11, 2019
Date submitted to HUD Privacy Branch:	March 11, 2019
Program Privacy Liaison Officer Recommendation: Please include recommendation below, including what new privacy compliance documentation is needed.
Click here to enter text.

(To be Completed by the HUD Privacy Branch)

HUD Privacy Branch Reviewer:	Click here to enter text.
Date approved by HUD Privacy Branch:	Click here to enter a date.
PTA Expiration Date:	Click here to enter a date.

DESIGNATION

Privacy Sensitive System:		If “no” PTA adjudication is complete.
Category of System:		If “other” is selected, please describe: Click here to enter text.
Determination: PTA sufficient at this time. Privacy compliance documentation determination in progress. New information sharing arrangement is required. HUD Policy for Computer-Readable Extracts Containing Sensitive PII applies. Privacy Act Statement required. Privacy and Civil Liberties Impact Assessment (PCLIA) required. System of Records Notice (SORN) required. Paperwork Reduction Act (PRA) Clearance may be required. Contact your program PRA Officer. A Records Schedule may be required. Contact your program Records Officer.
PIA:	If covered by existing PCLIA, please list: Click here to enter text.
SORN:	If covered by existing SORN, please list: Click here to enter text.
HUD Privacy Branch Comments: Please describe rationale for privacy compliance determination above.
Click here to enter text.

DOCUMENT ENDORSMENT

DATE REVIEWED:

PRIVACY REVIEWING OFFICIALS NAME:

By signing below, you attest that the content captured in this document is accurate and complete and meet the requirements of applicable federal regulations and HUD internal policies.

SYSTEM OWNER Ivery Himes/Director		Date
Office of Single Family Asset Management
John Bravacos Senior Agency Official for Privacy Privacy Branch		Date
OFFICE OF ADMINISTRATION

2 Informational and collaboration-based portals in operation at HUD and its programs that collect, use, maintain, and share limited personally identifiable information (PII) about individuals who are “members” of the portal or “potential members” who seek to gain access to the portal.

3 HUD defines personal information as “Personally Identifiable Information” or PII, which is any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual, regardless of whether the individual is a U.S. citizen, lawful permanent resident, visitor to the U.S., or employee or contractor to the Department. “Sensitive PII” is PII, which if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. For the purposes of this PTA, SPII and PII are treated the same.

4 Header: Information that is placed before the actual data. The header normally contains a small number of bytes of control information, which is used to communicate important facts about the data that the message contains and how it is to be interpreted and used. It serves as the communication and control link between protocol elements on different devices.

Payload data: The actual data to be transmitted, often called the payload of the message (metaphorically borrowing a term from the space industry!) Most messages contain some data of one form or another, but some actually contain none: they are used only for control and communication purposes. For example, these may be used to set up or terminate a logical connection before data is sent.

5 FIPS 199 is the Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems and is used to establish security categories of information systems.

United States Department of Housing and Urban Development

January 15, 2021