Fraudclosure: Still Too Big to Jail, When Our Military They Fail? Part 1


“Our nation owes a debt to its fallen heroes that we can never fully repay, but we can honor their sacrifice.”
Barack Obama


Fraudclosure: Still Too Big to Jail, When Our Military They Fail?

🙁 Happy Memorial Day America 🙁

On or about March 13, 2009, Mr. Julian Garvin, a client of The Law Offices of Evan M. Rosen, was called to active duty by the United States Army for one year, to begin on March 22, 2009. On March 26, 2009, he informed his mortgage servicer, JPMorgan Chase Bank, N.A., that he had been called to serve our country. Mr. Garvin provided a copy of his deployment order and asked them to reduce his interest rate, as required by federal law. No such adjustments were made. While on active duty, and for 11 months after his return, Mr. Garvin continued to make his full monthly payments. Then, at the peak of the crisis, he was unable to continue to pay.

On November 14, 2012, ALS-RVC, LLC, the entity claiming the right to foreclose, filed suit. The case went to trial and was involuntary dismissed, in part, because of ALS-RVC’s failure to adjust the interest rate as required by the Servicemember Civil Relief Act (SCRA). 50 U.S.C.A §3937.  In other words, ALS-RVC lost the case.

ALS-RVC then appeals.

In their Initial brief they concede the SCRA “applies to this situation, and [Mr. Garvin’s] loan payments should have been credited with a reduced interest rate during his active duty…” They also concede that “Subsection (e) of 527 is entitled ‘Penalty’ and reads, ‘Whoever knowingly violates subsection (a) shall be fined as provided in title 18, United States Code, imprisoned for not more than one year, or both.’ 50 U.S.C.A § 3937(e).” Yet, rather than trying to make amends for their admitted, jailable offense committed against a member of the United States Army, the bank and their lawyers appeal.

In the 80s, we were introduced to the phrase “trickle down economics.” From what we see in this and so many other foreclosure cases, the only thing trickling down from Wall Street is fraud, greed, arrogance and a complete disregard for the rule of law.

We will continue to keep readers updated on this situation while we do our best to keep this United States Veteran in his home.

The answer brief to ALS-RVC’s appeal can be read here: 2016-03-30 – Answer Brief


2 Responses to “Fraudclosure: Still Too Big to Jail, When Our Military They Fail? Part 1”
  1. Robert Hall says:

    After OBL who should be next?

    It’s really hard to understand, runaway mindless corporate greed, I mean.
    Take the recent revelation that J. P. Morgan Chase was found guilty of stealing from military servicemen and fraudulenty foreclosing on many of these military families in violation of the law.
    Now, after my two-year ordeal with Chase, I can understand why Chase would cheat me as part of my Making Home Affordable Program application process. The federal guidelines are very extensive and in some areas very complex (the NPV test for example) making them that much easier to “game”. Being a senior it’s easy to understand how Chase, now a proven financial predator, would identify my wife and I as prime financial prey and “game” the HAMP guidelines to cheat us out of a fair modification. After all, why not? In the absence of Federal, State or congressional oversight, the odds are in their favor and if you can cheat enough people there are millions to be looted. My wife and I are in our 70’s, retired and just ordinary middle class folks. Its understandable why Chase and other predators would see us as easy marks and I guess this is why Florida has many laws and statutes to protect this very vulnerable, but significant segment of the population.

    But to threaten, steal from, harass, foreclose, evict Military professionals and their vulnerable families, and to spend (millions?) over five years of court litigation rather than admit to “mistakes”? This is unimaginable. This outrageous, mindless corporate greed is, in my opinion, like playing Russian roulette with a round in all but one chamber! It’s like the hyena attacking a charging wounded Rhino. It boggles the mind and makes no sense, but I guess that’s a characteristic of greed-gone-mad.
    Think about it!
    Surely many of the military victims are trained combatants. Do you suppose Chase was slick enough to prey only on those without combat training? On those without sniper training, (capable of taking out the enemy at a 1000 yards)? Or those willing to accept just another “ Chase mistake” at the cost of their home? I doubt that. My age is a matter of record, but combat experience in their mortgage records? Not likely. So you have to ask yourself, what would compel such reckless criminal behavior? It is widely believed self-preservation is the strongest motivator, but in this case perhaps it is greed, but greed wrapped in impunity, behind a mountain of political donations and mortgaged political influence. Maybe they think they are safe behind that mountain, but if I were one of those responsible Chase executives I would sleep with one eye open.
    One would hope “RICO” would catch up to the responsible Chase criminals, but this is unlikely in light of the facts revealed in the award-winning documentary “An Inside Job”
    Now that Osama Bin Laden has been taken out by the Navy Seals perhaps we can move on to public enemies no 2 through…? the banking executives. In any event, they should not be too hard to find, just look for the executive mansions lit up every night…………. ………

  2. mike Drouin says:

    It’s a sad day in America when its Government that send its men and women into harms way , supports the criminal behavior of its financial system against its Veterans !!!!

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