PHH to Pay $750K to Service Members Who Lost Homes
“The brave men and women who serve in our nation's armed forces frequently are required to deploy and serve overseas with little notice,” U.S. Attorney Craig Carpenito said. The settlement assures they "will be compensated for the damages they suffered when their homes were improperly foreclosed upon while they were serving our country.”
February 06, 2019 at 05:41 PM
4 minute read
New Jersey-based mortgage company PHH Mortgage Corp. entered into a $750,000 settlement agreement Wednesday with the U.S. Justice Department to resolve wrongful foreclosure claims by military service members.
The agreement was signed by Justin Walker, vice president, legal, on behalf of PHH. The settlement resolves allegations made in a lawsuit, United States v. PHH, filed in U.S. District Court for the District of New Jersey. The complaint alleged that PHH violated the Servicemembers Civil Relief Act (SCRA) by unlawfully foreclosing on active-duty service members' homes without the required court orders.
The agreement requires PHH to pay $125,000 to each of the six servicemen and -women who lost their homes. The agreement also requires PHH to provide training to its staff to guard against similar incidents in the future.
The SCRA statute requires that service members may not be foreclosed on, during military service or for one year after, in connection with mortgage obligations that originated before that military service began unless there's a court order or waiver, according to the suit.
“The brave men and women who serve in our nation's armed forces frequently are required to deploy and serve overseas with little notice,” U.S. Attorney Craig Carpenito said in a news release Wednesday. “This Office remains resolute in its commitment to honor their personal sacrifices when they do so by ensuring that servicemembers' rights will be protected, as the law requires, whenever duty calls.”
The settlement document notes that PHH “has cooperated fully” with investigators and “neither admits nor denies any wrongdoing.”
“We take our responsibilities to assist service members very seriously, and we regret whenever any customer experiences a hardship that could be avoided,” a spokesman for PHH said Thursday. “The Department of Justice (DOJ) reviewed PHH Mortgage Corp.'s (PHH) entire portfolio of non-judicial foreclosures from January 2010 to September 2018 and identified six potentially adversely affected service members where foreclosures all occurred prior to 2012. PHH fully cooperated with the investigation and voluntarily agreed to compensate the service members without admitting any wrong doing.”
The statement said settling the case “was in the best interest of these service members, and allows the company to move forward and avoid protracted litigation,” and said the Justice Department “reviewed PHH's foreclosure policies and procedures and found them to be compliant with the Servicemembers Civil Relief Act.”
PHH Mortgage Corporation is now a wholly-owned subsidiary of Ocwen and continues to operate as the PHH Mortgage Corporation, the spokesman said.
The Justice Department news release also included a statement from Assistant Attorney General Eric Dreiband. “Our men and women in uniform deserve to be able to focus on their job of keeping our country safe without worrying about losing their home to an unlawful foreclosure,” Dreiband said. “The Civil Rights Division is committed to protecting the rights of our servicemembers from unlawful conduct.”
The complaint described PHH as “a stand-alone mortgage company that originates, sells, services and subservices residential mortgage loans,” and one of the largest mortgage loan servicers in the country, with last reported annual sales of $456 million. The complaint said the service members had been ordered to report for duty when PHH foreclosed on their homes.
The settlement agreement releases litigation holds of documents related to the complaint and stipulates that litigation is no longer anticipated, provided the terms are met. The parties agreed that “upon any such claim of breach as made by the United States, the United States may move to restore” the lawsuit to the active docket. In such a case, PHH consented not to contest. And the Justice Department said it could bring a civil action for breach of agreement.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute readDOJ: TD Bank Agrees to Pay $3B Over Anti-Money Laundering Program Violations
2 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250