Throughout the country close to Three Million families will be receiving checks ranging from $300 to $125,000 from someone called Rust Consultants. Rust was the latest contractor hired by the Office of the Comptroller of the Currency (“OCC”) in their disastrous effort to “investigate” foreclosure abuse by the National Banks that they are charged with regulating.
You may remember that the nation’s largest Banks, in collaboration with the OCC wasted billions of dollars that could have gone to consumers who were the victims of fraud, perjury and document fabrication in the foreclosure process that was openly perpetrated by banks, often resulting in homes being taken without any meaningful due process of law, often from homeowners who were not even in default, or who were being promised, government subsidized modifications of their loans.
After spending billions on consultants to review bank files, the OCC and the Banks agreed a few months ago just to let the banks decide who they defrauded and to get the checks out to alleged victim homeowners as soon as possible. (I’m not making this up. The Federal Government agency overseeing banks suspended the independent review of the banks files and decided to let the banks themselves decide who they defrauded)
So each and every one of the 2.9 million checks that Rust Consulting will be sending to homeowners is based on a bank’s own admission that they acted inappropriately in the foreclosure process.
The only good news about the OCC settlement is that specifically states that homeowner’s who receive the checks DO NOT WAIVE ANY LEGAL CLAIMS THEY MIGHT HAVE AGAINST THE BANK THAT FORECLOSED ON THEM. While there has been a little problem of some of the checks bouncing, homeowners who can get the bank to honor them should cash the checks.
But, there is a much more important issue for homeowners receiving checks. You are now aware that the bank that foreclosed on you admits that there was something wrong with your foreclosure.
Whether you are still in your home or not you should consider consulting a lawyer in your state who is experienced in consumer, banking and foreclosure issues to determine whether or not you may still have a civil claim against the bank, or even whether the fraud in your case was so egregious that a court might be persuaded to unwind the foreclosure all together.