Bear Stearns Will Pay $28 Million
Litigation Reports
Bear Stearns and subsidiary EMC Mortgage on Tuesday agreed to pay $28 million in settlement with the Federal Trade Commission, on charges of defrauding tens of thousands of home loan customers and violating four sets of federal laws.
"The companies violated four different federal laws, "said Frank Dorman, the spokesperson for the FTC. "We hope people in mortgage servicing companies will read this judgment and adhere to the law."
Bear Sterns through its mortgage subsidiary, EMC, has handled 475,000 mortgage loans in the last year.
Apart from misrepresenting the amounts borrowers owed, said the FTC's complaint, the company charged unauthorized fees to clients. One such fee was the $500 loan-modification fee, which was automatically added to the loan's principle balance, without notice to the client.
The company also made harassing collection calls, where agents would wrongly state the legal status or amount of the customers' debts.
The defendants also failed to notify customers of their right to obtain verification of the debt, or of their right to dispute the debt. When the loans were contested, the defendants failed to report the dispute to credit reporting agencies, as required by law.
Bear Sterns and EMC did, however, illegally share information about the customers' payment status with credit reporting agencies.
In total, the FTC Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and regulation Z of the Truth in Lending Act were all violated.
Apart from the $28 million in redress to affected customers, the settlement prohibits the companies from violating these laws in the future, and requires that they establish and maintain a comprehensive data integrity program to ensure accuracy of their data regarding consumers' loans.
The companies must also hire a qualified and independent group to ensure compliance with the settlement.
Apart for redress to consumers, no fines were imposed.
Bear Steams and EMC Mortgage are represented by Kevin Arquit, from Simpson Thacher & Bartlett.
Related listings
-
Israel high court suspends Palestinians’ evictions for now
Litigation Reports 03/02/2022Israel’s Supreme Court on Tuesday ruled that a group of families slated for eviction from a flashpoint east Jerusalem neighborhood can remain in their homes for the time being. The ruling could work to ease tensions in Jerusalem’s Sheikh ...
-
New Mexico Supreme court mediates clash on pandemic aid
Litigation Reports 11/20/2021New Mexico’s Supreme Court is considering whether state legislators should have a greater say in the spending more than $1 billion in federal pandemic aid. Arguments in the case were scheduled for Wednesday morning at the five-seat high court. ...
-
Court sides with Congress in battle for Trump’s bank records
Litigation Reports 12/01/2019A federal appeals court in New York on Tuesday upheld the legality of congressional subpoenas seeking President Donald Trump’s banking records but said sensitive personal information should be protected.A three-judge panel of the 2nd U.S. Circu...

Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.