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The OCC press release regarding the  consent agreement with Chase about their collection & litigation practices and failure to comply with the SCRA.
September 19, 2013
Contact: Bryan Hubbard
(202) 649-6870

WASHINGTON – The Office of the Comptroller of the Currency (OCC) today announced an enforcement action against JPMorgan Chase Bank, N.A., Columbus, Ohio, JPMorgan Bank and Trust Company, N.A., San Francisco, California, and Chase Bank USA, N.A., Wilmington, Delaware (collectively, the bank), for unsafe or unsound practices in connection with the bank’s non-home loan debt collection litigation practices and the bank’s non-home loan compliance with the Servicemembers Civil Relief Act (SCRA).

The enforcement action requires the bank to provide remediation to affected consumers and to correct deficiencies in the bank’s practices and procedures related to the preparation and notarization of affidavits and other sworn documents used in the bank’s debt collection litigation and its SCRA compliance program.  The OCC’s action also directs the bank to improve its debt collection litigation policies, procedures and practices to ensure that affidavits and other sworn documents used in connection with non-home loan debt collection litigation are accurate, based on the personal knowledge of the bank employee signing the documents, or other applicable standard, and are notarized in accordance with all applicable legal requirements.

With respect to its SCRA compliance program, the OCC requires the bank to improve its policies and procedures for determining whether servicemembers are eligible for requested SCRA-related benefits, ensuring that the SCRA benefits are calculated correctly, and verifying the military status of servicemembers prior to seeking or obtaining default judgments on non-home loans.

The OCC’s action also directs the bank to conduct a review of all non-home lending debt collection litigation at the bank from January 1, 2009 until present, and all non-home lending SCRA accounts at the bank from January 2005 until present, to identify consumers eligible for remediation as a result of the deficiencies and unsafe or unsound practices cited by the OCC.  The bank must submit a plan to the OCC detailing how remediation will be made to affected consumers.  OCC national bank examiners will monitor compliance with this order and the remediation required to be provided by the bank.

The 58-page consent order and stipulation to consent.

In a few weeks we have oral arguments re. standing, admissibility of evidence, joinder of debt buyer Acarta’s attorneys, amendment of my counterclaims and my cross-motion for summary judgment (SOL) in superior court.  If we actually get to trial, I’ll submit this consent order to show that Acarta can’t possibly rely on documentation from Chase.  Acarta didn’t even submit a Chase affidavit and relies only on “facsimiles” of monthly statements and a redacted spreadsheet to establish what I allegedly owe.