No Foreclosures for Service Members

by Jim Fausone
Veteran Disability Lawyer

Banks and mortgage companies continue to step in it. There are state and federal laws which protect service members from home foreclosure when they are active duty. But Michigan has recently had a case go to trial, and settle before the jury decided the case, on just this issue.

An Iraq War veteran settled his lawsuit against the bank that foreclosed upon and sold his house while he was overseas. James Hurley, 45, settled the lawsuit against Deutsche Bank Trust Co. and Saxon Mortgage Services on Thursday in the second week of a US District Court trial. Terms of the agreement are confidential . Sgt Hurley owned a house in Hartford, in Van Buren County, before foreclosure proceedings began in 2004. The settlement will not even the score for the 7 years of grief and aggravation he suffered.

This problem is so pervasive that Michigan Attorney General Bill Schuette recently issued a statement reminding banks and mortgage companies of this type of foreclosure is illegal. "Michigan service members should not be foreclosed upon while on active duty," said Schuette. "State and federal law offers legal protections to ensure our military families have a roof over their head while Mom or Dad fights for our freedoms." A congressional investigation was launched earlier this year to investigate reports of financial services companies foreclosing on military families and overcharging thousands for mortgages in violation of the federal Service members Civil Relief Act. This is why it is important for veterans and service members to know their rights.

http://www.michigan.gov/ag/0,1607,7-164--252507--,00.html


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