Mortgage Servicers Required to Review Foreclosure Files and Compensate Veteran Victims

On March 6th, 2012, the White House announced two methods to provide relief for the struggling U.S. housing market pursuant to the February settlement between the Federal government and 49 state Attorneys General.

The first method is aimed at providing relief to servicemembers and veterans. Mortgage servicers will be required to conduct a review of every foreclosure file since 2006. If the servicer finds that it violated the Servicemembers Civil Relief Act, then the victim will be compensated in the amount of the victim’s lost equity, plus interest, plus a fee of $116,785.00.

If servicemembers were wrongfully charged an interest rate exceeding 6% after they requested a rate reduction, servicers will have to pay the victim at least four times the amount wrongfully charged. The look back period for this provision reaches back to 2008.

The Administration will also require servicers to issue short sale agreements to servicemembers who were forced to sell their home for a loss due to a Permanent Change in Station (PCS), and were not able to claim the Department of Defense’s Homeowners’ Assistance Program. This protection will apply to servicemembers who purchased a house between July 1, 2006 and December 21, 2008, or who received a PCS post October 1, 2010.

Finally, servicers will pay into the Veteran’s Housing Benefit Program Fund an amount of $10 million. This fund guarantees certain beneficial loan terms to eligible veterans.

The servicers responsible to taking these actions are Bank of America, J.P. Morgan Chase, Ally, Citi, and Wells Fargo. They will carry out these requirements under the supervision of the Civil Rights Division of the Department of Justice.

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