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Justice Department Levies Fines for Servicemembers Civil Relief Act Violations

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DOJ-BofAWell, at least our government is serious about holding banks accountable when the violate the rights of some of 0ur citizens…..I’m glad to know they are taking the SCRA seriously and will continue to press for enforcement of this essential law.  This is about the violation of due process rights…we can only hope that it will expand to the rights of all Americans….

Justice Department Settles with Bank of America and Saxon Mortgage for Illegally Foreclosing on Servicemembers Settlement Includes a Minimum of $22 Million in Relief for Victims

WASHINGTON — The Justice Department today announced settlements with two lenders under the Servicemembers Civil Relief Act (SCRA) to resolve allegations that the lenders wrongfully foreclosed upon active duty servicemembers without first obtaining court orders, in violation of the SCRA. Combined, the settlements provide more than $22 million in monetary relief for the victims.

Under the first settlement , BAC Home Loans Servicing LP, formerly known as Countrywide Home Loans Servicing LP, a subsidiary of Bank of America Corporation, will pay $20 million to resolve a lawsuit alleging that Countrywide foreclosed on approximately 160 servicemembers between January 2006 and May 2009 without court orders.   In addition to the $20 million, Countrywide agreed to pay any servicemember wrongfully foreclosed in the period from June 2009 through 2010.  The complaint alleges that Countrywide did not consistently check the military status of borrowers on whom it foreclosed through at least May 31, 2009. The complaint was filed in the Central District of California, where Countrywide is headquartered.

Under the second settlement, Saxon Mortgage Services Inc., a subsidiary of Morgan Stanley, will pay $2.35 million to resolve a lawsuit alleging that Saxon foreclosed on approximately 17 servicemembers between January 2006 and June 2009 without court orders. In addition to the $2.35 million, Saxon agreed to pay any servicemember wrongfully foreclosed in the period from July 2009 through 2010.   The complaint alleges that Saxon failed to consistently or accurately check the military status of borrowers on whom it foreclosed through at least June 30, 2009.   The complaint was filed in the Northern District of Texas, where Saxon is headquartered.

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