Getting a Mortgage - Article Example

Currently, the states attorneys general in all the states are investigating how mortgage companies have violated laws in pursuing foreclosures by "robo-signing" paperwork on mortgages. In court, Sergeant Brash provided evidence of how he tried to contact the mortgage company, PHH Mortgage. One arm of the company kept sending him late payment notices while the other arm kept refusing his automatic payments. His attorney sued the mortgage company under Georgia and federal laws. Sergeant Brash had taken out the mortgage in November 2007. The court has finally made a judgment on the case and awarded Brash 21 million dollars.

Did PHH Mortgage as a business have any good defense that could oppose the sergeant's suit? It is the eighth largest mortgage company in the United States and this case, it was pursuing a military man. It could be suggested that PHH Mortgage was doing all it can to maximize profit in favor of the open and free market that is unregulated. Another view would be that it was following a trend of the market, which at this time is to simply move people out of their homes.

What is the moral issue involved? Could the Sergeant pay for the home? Yes. It appears there was some duplicity involved on behalf of PHH Mortgage. Rawl's theory of distributive or contractual justice would have people hide behind a "veil of ignorance" to make decisions giving to all the most extensive basic rights of liberty. But most important is that laws the people come up with must be based on principles of justice and fairness. PHH Mortgage was not providing the respect to Sergeant Brash that everyone should have. Violating Kantian principles of deontological morality, they were using him as a means to an end, to acquire more property to make more money. To resolve this PHH Mortgage executives should go to jail.