Bear Stearns Will Pay $28 Million
Financial
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
-
Former Colorado analyst pleads guilty in DNA testing scandal
Financial 06/28/2026A former forensic analyst with the Colorado Bureau of Investigation pleaded guilty Tuesday to four felony counts stemming from accusations that she manipulated and omitted data to speed up the DNA testing process, calling into question the validity o...
-
Court strikes down Hawaii law requiring permission to carry guns
Financial 06/25/2026The Supreme Court struck down a Hawaii law requiring people to get permission to carry guns into stores and hotels on Thursday, in its latest opinion backing Second Amendment rights.The high court's 6-3 decision means people can carry guns onto priva...
-
Canadian auto parts magnate Frank Stronach found guilty of sexual assault
Financial 06/22/2026Austrian-Canadian billionaire and automotive business founder Frank Stronach was found guilty Friday of sexual assault and indecent assault of two women decades ago.Stronach, who is 93, had been accused of alleged incidents involving seven complainan...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.
