Matt Cooper & A Soldier's Home

Matt Cooper has been an attorney for 26 years.  He recently provided representation to a United States Service member, Sgt. James Hurley, in a Federal Court action that lasted over five years.  This action resulted in amendments to the federal Servicemembers Civil Relief Act.  Hurley v Deutsche Bank, et al.  These amendments (known as the "Hurley Amendments") continue to affect every man and woman on active duty service in the United States Military.  Matt memorialized this landmark legal conflict in a book entitled A Soldier’s Home.  He currently represents a number of servicemembers in similar cases.

Matt also co-founded the Servicemembers Civil Relief Act Foundation, Inc., (SCRA) a Non-Profit Public Charity that is focused on assisting United States Servicemembers and their families with their rights and protections under the Servicemembers Civil Relief Act.  Through the Foundation, Matt pursued and partnered with Western Michigan University Cooley Law School to produce the 2015 Michigan Revised Judge’s Guide to the Servicemembers Civil Relief Act.  The SCRA Foundation raised funds and distributed Judge’s Guides to every federal, state and tribal Judge throughout the State of Michigan.  This caught the attention of the Department of Army, who sought Matt’s assistance and partnership with Army OneSource to develop and distribute Judge’s Guides in every state.

How did you decide to become a lawyer?

While attending Western Michigan University, I worked for five years at Wickes Lumber Company.  I enjoyed higher education at Western and I received a lot of personal satisfaction helping customers.  Between desiring more education and helping people, I thought a legal degree and becoming an attorney would fit well with my ambitions.

Why did you choose to represent Sergeant Hurley? Can you offer the basic details of the case?

While Sgt. James Hurley was in Iraq during President Bush’s surge in that war, Deutsche Bank, Saxon Mortgage and their attorneys illegally foreclosed on his home.  Hurley’s mother, wife and two small children were displaced from their residence.  The bank not only illegally foreclosed on his home, but sold it to a bona fide purchaser.  Upon Sgt. Hurley’s return from the war, he found another family living in his home; a home that he had lived in and enjoyed for ten years.  Sgt. Hurley was a man in his 40’s and had developed quite a homestead.  His home was set high on a ridge along the Paw Paw River.  It was a beautiful home and he had never missed a payment. Sgt. Hurley’s home was illegally taken from him; while he was away serving our country at war. Sgt. Hurley’s home was near my law office.  One day he came to my office seeking to know if he had any rights relating to his loss. At the time, I was not at all familiar with the Servicemembers Civil Relief Act.  However, I knew that Sgt. Hurley had been wronged. I have always held the belief that there is a clear distinction between right and wrong and that our justice system, on its best days, does attempt to achieve justice and do what is right.

Your case involved going against Deutsche Bank. What was that like?

It was miserable.  The case drug on for over five years because Deutsche Bank could not allow the violations that they were committing against thousands of soldiers to be disclosed.  Unbeknownst to me, the United States Department of Justice had been tracking me and this case for the last two years of its progression through the court system.  Because of the Hurley case, the Department of Justice learned that these Defendants were violating the rights of thousands of other soldiers.  In fact, the United States Department of Justice obtained the largest SCRA settlement as a result of Hurley.  Senior attorneys at the Department of Justice declared Hurley and his attorneys pioneers in this area of the law and because of what they were able to accomplish - allowing the Department of Justice to obtain justice for thousands of soldiers.  As a result of Hurley, the Servicemembers Civil Relief Act was amended.  These amendments are referred to as the Hurley amendments.  All of this was fuel for Deutsche Bank defending its actions and trying to keep a lid on the illegal violations they committed against United States soldiers.  At one time, Deutsche Bank even filed for sanctions against me.

What was it like trying a case in federal court?

Federal Judges are appointed for life.  This question reminds me of an old joke that I have heard told in various forms.  That is; upon entry into Heaven one day, someone noticed that there was an interesting fellow walking around in a black robe.  Upon inquiry of another as to who the gentleman was, the response was, “oh, don’t worry, that’s just God.  Some days he likes to pretend he’s a federal judge.”

How did your experience with the Hurley case change your opinion of the legal system in the US?

Not for the better.  I have always been a firm believer in that our system of government is the world’s best.  The justice system, however, I believe has been mostly ignored by society and our governmental leaders. 

What’s the mission behind the Servicemembers Civil Relief Act (SCRA)?

The SCRA has as its stated purpose from Congress, to secure the defensive needs of our nation.  The principles behind the SCRA were formed before the founding of our nation when General George Washington stated: “When we assume the solider, we did not lay aside the citizen.”  These principles were expanded upon by President Lincoln during the Civil War.  In 1917, the United States Congress passed, for the first time, the Soldier’s and Sailor’s Civil Relief Act.  This Act protected our servicemembers throughout World War I, World War II, Korea, Vietnam and the Gulf War.  In 2003, these protections were updated and re-named the Servicemembers Civil Relief Act.

Upon enlistment, our servicemembers sign a blank check payable to the United States of America up to and including their life.  The least we can do is what President Lincoln recognized - if a servicemember can defend our nation, they should be allowed to defend themselves back home, relating to civil suits and claims made against them.  Simply put, if a servicemember is defending us, shouldn’t they be allowed to defend themselves?

What does the SCRA Foundation do? (How is it separate from the SCRA itself?)

We formed the SCRA Foundation, Inc., in an effort to help the public, judges, lawyers and military personnel recognize the rights and responsibilities associated with the Servicemembers Civil Relief Act and what soldiers endure when they are activated.  I felt much of the problem in the Hurley case was the need to educate our judiciary about what is contained in the SCRA and its practical application.  Working with Western Michigan University Cooley Law School, the SCRA Foundation, Inc., developed a Judge’s Guide to the SCRA and provided a copy to every state, federal and tribal judge across the State of Michigan.  The Foundation also provided a copy of the Guide to hundreds of lawyers and military personnel.  This project caught the attention of the United States Army.  They sought out our partnership with Army OneSource to work with different law schools in each state throughout our nation providing Judge’s Guides to judges, attorneys and military personnel throughout the country.  It is my understanding it is quite a lucrative business model for lenders to target United States Military personnel for extending loans and credit. 

I recently worked on an SCRA case for a captain in the United States Army.  He was in default on his mortgage and on active duty.  Yet, his mortgage was easily sold and acquired by someone seeking out this type of mortgage.  Could you imagine making the business decision to buy such a mortgage?  Think about how money is made in that type of transaction.

In your experience, how do members of the US Armed Forces lose their homes?

As Sgt. Hurley's story indicates, thousands of servicemembers actually lost their homes through illegal actions taken against them by financial institutions.  Following the Hurley case, it is illegal, and in complete contradiction of the Servicemembers Civil Relief Act to exercise a non-judicial foreclosure against someone on active duty military service.  We know this happened to thousands of servicemembers.

If financial institutions would only follow the SCRA, it would work to their benefit as well.  Soldiers do not have their debts forgiven.  They are not allowed to be irresponsible for their bills. The SCRA merely provides practical protections that anyone would see as reasonable. For example, helping a soldier on active duty in a war zone far from home to participate in the process.

This is not a political issue; it is about being an American.  The men and women serving and protecting our nation are our country’s most precious asset.  The SCRA does not give them something for nothing; it merely helps them balance their responsibilities as a servicemember with their obligations as a citizen.

How big a problem is foreclosure among veterans? Do you have a few tips as to how to avoid this?

I believe our servicemembers are used to pulling up their boot straps and marching forward.  But many times this causes them hesitation in seeking out help. Typically servicemembers are trained to take responsibility for their actions, including their debts.  When foreclosure occurs, sometimes the servicemember is simply willing to move forward and not protect their self against violations.  My specific tip would be to seek out legal counsel right away.

                                                                                                               

Can you offer an update as to how Sgt. Hurley is doing today?

I would encourage anyone who is interested in arts and crafts to check out Sgt. Hurley’s website, Razor’s Edge.  Sgt. Hurley is a skilled craftsman  and is extremely talented with his engravings.  If you have the opportunity to read the book, A Soldier’s Home, you will see that Sgt. Hurley is a man of incredible character and fortitude.  I continue to admire how he has endured and has moved forward in such a positive manner.

Is there anything else you’d like to mention?

Please recognize the importance of our servicemembers serving on our behalf.  Unfortunately, we live in a very violent and adversarial world.  It is the men and women serving our nation that provide us with the freedom and ability to live the lives that we do.  If you have any desire to provide assistance or learn more, please visit www.SCRAFoundation.org   The Judge’s Guides can be found and downloaded directly from the site.

You can check out A Soldier's Home here.