Banks May Have Illegally Foreclosed On Nearly 5,000 Military Members

Huffington Post

Even those people putting their lives on the line for their country may not be safe from the American foreclosure crisis.

Ten lenders are reviewing close to 5,000 foreclosures of homes belonging to active-duty service membersin an attempt to discover if they were carried out improperly, according to data from the Office of the Comptroller of the Currency, cited by the Financial Times. The OCC’s report is based on projections prepared by the lenders and and their consultants. Bank of America said it is reviewing 2,400 foreclosures of homes belonging to active-duty service members and Wells Fargo said it’s looking at nearly 900 cases. Citigroup is reviewing 700 foreclosures, the bank said.

The Servicemembers Civil Relief act aims to protect active-duty members of the military from financial difficulty, including through measures that restrict foreclosures on properties owned by active-duty military members. Still, as the OCC data indicates, thousands of active-duty members of the armed forces have lost their homes while fighting abroad.

Bank of America and Morgan Stanley reached deals with the Justice Department earlier this year, agreeing to pay more than $20 million to settle claims that they foreclosed on more than 175 active-duty service members without court orders.

They’re not the only ones. JPMorgan Chase also admitted to illegally foreclosing on the families of 27 active-duty military members earlier this year and has very publicly attempted to give the families back their homes or compensate them for damages if the house was sold.

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Saxon Mortgage bids to close mid-September

Jacob Gaffney, Housing Wire

Morgan Stanley is said to be closing the window for eligible bids on its mortgage servicer, Saxon Mortgage, according to sources familiar with the process.

The Wall Street investment bank put Saxon on the market in May and has been taking bids since. Saxon services about $28 billion in mortgages, down from $55 billion in the fourth quarter of 2008, according to regulatory filings.

Morgan Stanley would not comment on any pending deal, but sources tell HousingWire there are several offers already on the table.

One name being dropped is Fortress Investment Group which sources say is behind two separate bids in the mix. One has Fortress-ownedNationstar Mortgage trying to acquire Saxon. The other involves Fortress backing a bid from Ocwen Financial.

Ocwen would seem to be a more natural fit at first glance, as Saxon already transferred mortgage servicing rights on about 38,000 predominately subprime loans, with an aggregate unpaid principal balance of about $6.9 billion, over to Ocwen Loan Servicing this past April.

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Washington Mutual settles class-action case w/ Ontario Pension Fund

Kerri Panchuk, Housing Wire

Washington Mutual and several co-defendants settled a class-action lawsuit for $208.5 million filed by shareholders who lost money in the 2008 financial crisis.

To end the suit, which became a few shareholder class-action complaints combined into one, the defendant agreed to pay $105 million. In addition, the co-defendant underwriters, including Goldman Sachs and Morgan Stanley agreed to pay $85 million alongside an $18.5 million payment from co-defendant Deloitte.

In exchange, the lead plaintiff, the Ontario Teachers’ Pension Plan Board, agreed to drop all claims on behalf of the fund and similarly situated co-plaintiffs.

The settlement agreement was filed in the United States District Court Western District of Washington at Seattle.

The original case was filed three years ago after shareholders sued Washington Mutual for losses in the wake of the housing market collapse, claiming executives and the company caused stock prices to inflate by making “materially false and misleading statements about the effectiveness of WMI’s risk management procedures, the fairness and reliability of the appraisals received in connection with WMI’s loans, the quality of WMI’s underwriting practices and WMI’s financial results, including the appropriate allowances for its loan losses.”

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MI Soldier Who Successfully Sued Morgan Stanley & Orlans Back In The News

Chris Kirkham, Huffington Post

Amid blistering heat and thunderous bombing in central Iraq during summer 2005, U.S. Army Sgt. James Hurley suddenly found it difficult to reach his wife back home in Michigan.

For four days straight, he called and got a troubling message that the line had been disconnected. Eventually, Hurley tracked her down through his uncle.

“She tells me, ‘We got kicked out of the house, we’re foreclosed,’” Hurley recalled. “I was so pissed off. If it wasn’t for my roommate and my sergeant who was over me, I think I would have gone nuts.”

As his wife removed every stick of furniture from their home, cramming it in her parents’ house and in a nearby garage, Hurley was left to stew halfway around the world. He asked for extra-long shifts and additional mechanic assignments, just to keep his mind off things.

It would be another six months before he could return home to sort out the mess, beginning a years-long court battle with Saxon Mortgage Services over the loss of his home while deployed overseas.

Prompted in part by Hurley’s case, the Justice Department on Thursday announced a $22 million settlement with Saxon and a unit of Bank of America to provide relief to more than 170 active-duty military members who experienced improper foreclosures over the past few years.

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