As the race against time continues to stop foreclosure fraud, two North Carolina Congressman are seeking investigation into unlawful foreclosures against servicemembers.
The congressman, Reps. Brad Miller (D-CA) and Walter Jones (R-NC), have called upon the Justice Department to determine if mortgage services have violated the Servicemembers Civil Relief Act (SCRA) by foreclosing on active duty members.
“The SCRA is not some obscure legal technicality that might just have escaped the attention of mortgage servicers.” Rep. Miller said. “Those servicers are all affiliates of the biggest banks, but they’re huge and specialized. Servicing mortgages is all they do, and they really don’t have that many laws to keep up with. They have got to have known what the law required, and consciously decided that they could just ignore it, the same way they apparently decided it was okay to file false affidavits in legal proceedings.”
Wednesday, Miller and Jones sent a letter to Attorney General Eric Holder in regards to the Office of the Comptroller of the Currency’s investigation in over 5,000 unlawful foreclosures against servicemembers by ten mortgage servicers. According to OCC reviews, it seems that many mortgage servicers simply overlook the SCRA when sending a property to foreclosure.
When a military personnel is out on duty protecting the country, the SCRA was enforced to make sure they are fully devoted to their duties without having to worry about being evicted from their home. A servicemembers national security clearance can be put at risk if foreclosure occurs because of the damages to the individual's credit rating.
“The continued failure to pursue criminal charges in the face of flagrant violations of the criminal law is destroying Americans’ faith in their government and democracy,” Miller said. “In a democracy, no one is too big to prosecute.”
The report states that anyone in violation of the SCRA is subject to up to 1 year in prison and a fine. Holder may seek a civil action to help enforce the SCRA and protect the servicemembers who serve out country.