Servicemembers With Mortgages Originated Before The Period Of Their Military Service Who Were On Active Duty Military Service and Whose Property Was Allegedly Foreclosed Or Sold By HSBC Mortgage Services Without A Court Order or Without A Correct Affidavit Regarding Military Service Status File Class Action Lawsuit Complaint Against HSBC Mortgage Services.
A class action lawsuit has reportedly been filed against HSBC Mortgage Services, Inc. (“HSBC Mortgage Services” or “HSBC” or “Defendant”) in the United States District Court for the District of Minnesota (styled Philip M. Harry v. HSBC Mortgage Services, Inc. Class Action Case No. 12-cv-00990-SRN-JJK) alleging, among other things, that HSBC Mortgage Services foreclosed on military servicemembers’ home mortgages while the servicemembers were still on active duty and allegedly failed to file correct affidavits regarding military status, according to the HSBC Mortgage Services Military Servicemembers Civil Relief Act SCRA Foreclosure Sale class action lawsuit complaint.
The proposed HSBC Mortgage Services Military Servicemembers Civil Relief Act SCRA Foreclosure Sale class consists of all servicemembers with mortgages originated before the period of the servicemember’s military service who, within the statute of limitations as extended or tolled by any period of military service:
(1) were on active duty military service, as defined in 50 U.S.C. App. section 511(2), or had the protections of SCRA under section 516, or were within the grace period under section 533; and
(2) whose property was foreclosed or sold by or on behalf of Defendant without a prior court order as required by 50 U.S.C. App section 533 or with a court order that was not based on a correct affidavit regarding military service status (the “Class”).
The Class reportedly does not include servicemembers who executed a valid written waiver of the rights and protections provided under SCRA.
The HSBC Mortgage Services Military Servicemembers Civil Relief Act Foreclosure Sale class action lawsuit complaint reportedly asserts claims for, among other things, alleged violation of the Servicemembers Civil Relief Act (“SCRA”), 50 USC App section 501 et seq, and common law conversion.
The HSBC Mortgage Services Military Servicemembers Civil Relief Act SCRA Foreclosure Sale class action lawsuit complaint reportedly seeks, among other things, declaratory relief, damages, equitable and injunctive relief, punitive damages, prejudgment interest and attorneys’ fees and costs.
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