Sarah Mirando  |  April 24, 2012

Category: Legal News

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HSBC Military Foreclosure Class Action Lawsuit

By Mike Holter

 

HSBCA federal class action lawsuit claims HSBC Mortgage Services violated the Servicemembers Civil Relief Act (SCRA) by illegally foreclosing on the homes of dozens of veterans on active duty, without giving them a chance to seek judicial stay.

The lead Plaintiff in the case, Philip M. Harry, is an Army National Guardsman who served as a sergeant in Iraq from June 2008 to June 2009. Harry claims in the class action lawsuit that the very day he left for active duty, HSBC began foreclosing on his home. He says he only learned his home had been foreclosed upon and sold when his parents forwarded his mail to him in Iraq.

The SCRA protects members of the military against default judgments such as foreclosure while they are on active duty. It is intended to ease the economic and legal burdens on military personnel called to military service.

According to the HSBC military foreclosure class action lawsuit, however, HSBC “made no attempt to determine Mr. Harry’s military status in any way, including by contacting him directly.”

Harry is not alone, he says. According to his class action lawsuit, a review by the Federal Reserve uncovered 87 foreclosures with an SCRA identification from HSBC alone from 2009-2010.

The HSBC military foreclosure class action lawsuit says Harry and other Class Members have lost their homes, incurred additional expenses in trying to redeem or reinstate their mortgages, and have suffered damage to their credit. Harry is seeking class certification and damages for all servicemembers with mortgages originated before the period of the servicemember’s military service who, within the statute of limitations were on active duty military service and whose property was foreclosed or sold by, or on behalf of, HSBC without a prior court order.
 
A copy of the HSBC Military Foreclosure Class Action Lawsuit can be read here.

The case is Philip M. Harry v. HSBC Mortgage Services, Inc., Case No. 12-cv-00990-SRN-JJK, U.S. District Court, District of Minnesota.

 

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Updated April 24th, 2012

 

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