Monday, December 5, 2011

SCRA Investigation

Recently I wrote of apparent violations of the Servicemembers Civil Relief Act (SCRA) in which case many major banks had illegally foreclosed on active military servicemembers' homes. Under the SCRA, a foreclosure is not permitted on the home of any active duty military personnel. Apparently, in a number of cases, this federal statute hasn't stopped some lenders from proceeding anyway. Now the Office of the Comptroller of the Currency (OCC) has commenced an investigation into the foreclosures of as many as 5,000 servicemembers' homes--all allegedly in violation of the SCRA--by ten of the country's largest banks.
The investigation is based on info provided by the lenders themselves. Additionally, the New York state attorney general, Eric Schneiderman, has undertaken an investigation as well. Members of Congress have publicly advocated for criminal prosecution of offending lenders and their involved staff. The law provides for both criminal and civil penalties, and, in fact, BofA agreed to a $20 million settlement for this earlier this year.
If you or someone you know is on active duty in the military and facing foreclosure or already been foreclosed upon during their military service, call your Congressional representatives or the OCC.
Good Luck.

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