Ally Bank (formerly GMAC Bank) Acknowledges Fake Affidavits

In a surprising move, Ally Bank says its mortgage division, GMAC Mortgage, “Mishandled Affidavits on Foreclosures” and as a result have halted proceedings in 23 states.

A GMAC employee testified in a deposition that he and a number of others in his department signed Affidavits attesting to the accuracy of the loan information as well as swearing that they had first hand knowledge of the facts.  The employee said they had signed as many as 10,000 of these a month.

Falsley signed Affidavits have recently become another defense in the fight against foreclosures.  It comes on the heals of other “illegal” actions by the so called banks and their foreclosure mill attorneys such as forged documents, fabricated documents such as assignments and more in an attempt to illegally prove that the Plaintiff’s have proper standing to file these actions as they do actually own these mortgages.  FRAUD, FRAUD and MORE FRAUD, that the courts have been allowing all over this country and some – like in Florida – are now encouraging by hiring (another illegal action, I maintain) retired judges who will handle nothing but foreclosure cases under the mandate of ‘CLEARING” THE DOCKETS. 

The courts have been hijacked by the banks as they have hijacked our entire financial system and country.  The banks own us, own the government and now own the courts.  They can do what ever they want with absolutely no consequence. 

WE MUST CONTINUE TO STAND UP AGAINST THEM (THE BANKS), STAND UP FOR OUR RIGHTS IN COURT (APPEAL EACH CASE), GET THE LEGAL PROFESSION TO STAND UP FOR JUSTICE FOR ALL (NOT JUST THE BANKS) AND BRING BACK DUE PROCESS OF LAW WHICH EACH AND EVERYONE OF US HAS BEEN GUARANTEED BY THE CONSTITUTION.
(please forgive my yelling above but I am mad as hell).

Read the full Ally article in Bloomberg…click here

Here is as similar article published in the New York Times:
GMAC Halts Foreclosures in 23 States for Review
by David Steitfeld
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GMAC Mortgage, one of the country’s largest and most troubled home lenders, said on Monday that it was imposing a moratorium on many of its foreclosures as it tried to ensure they were done correctly.

The lender, which specialized in subprime loans during the boom, when it was owned by General Motors, declined in an e-mail to specify how many loans would be affected or the “potential issue” it had identified with them.

GMAC said the suspension might be a few weeks or might last until the end of the year.

States where the moratorium is being carried out include New York, Connecticut, New Jersey, Illinois, Florida and 18 others, mostly on the East Coast and in the Midwest. All of the affected states are so-called judicial foreclosure states, where courts control the interactions of defaulting homeowners and their lenders.

Since the real estate collapse began, lawyers for homeowners have sparred with lenders in those states. The lawyers say that in many cases, the lenders are not in possession of the original promissory note, which is necessary for a foreclosure.

GMAC, which has been the recipient of billions of dollars of government aid, declined to provide any details or answer questions, but its actions suggest that it is concerned about potential liability in evicting families and selling houses to which it does not have clear title.

The lender said it was also reviewing completed foreclosures where the same unnamed procedure might have been used.

Matthew Weidner, a real estate lawyer in St. Petersburg, Fla., said he interpreted the lender’s actions as saying, “We have real liability here.”

Mr. Weidner said he recently received notices from the opposing counsel in two GMAC foreclosure cases that it was withdrawing an affidavit. In both cases, the document was signed by a GMAC executive who said in a deposition last year that he had routinely signed thousands of affidavits without verifying the mortgage holder.

“The Florida rules of civil procedure are explicit,” Mr. Weidner said. “If you enter an affidavit, it must be based on personal knowledge.”

The law firm seeking to withdraw the affidavits is Florida Default Law Group, which is based in Tampa. Ronald R. Wolfe, a vice president at the firm, did not return calls. The firm is under investigation by the State of Florida, according to the attorney general’s Web site.

Real estate agents who work with GMAC to sell foreclosed properties were told to halt their activities late last week. The moratorium was first reported by Bloomberg News on Monday. Bloomberg said it had obtained a company memorandum dated Friday in which GMAC Mortgage instructed brokers to immediately stop evictions, cash-for-key transactions and sales.

Nerissa Spannos, a Fort Lauderdale agent, said GMAC represents about half of her business — 15 houses at the moment in various stages of foreclosure.

“It’s all coming to a halt,” she said. “I have so many nice listings and now I can’t sell them.”

The lender’s action, she said, was unprecedented in her experience. “Every once in a while you get a message saying, ‘Take this house off the market. We have to re-foreclose.’ But this is so much bigger,” she said.

See Original Article…click here  This may require a free subscription to the NYT’s.

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Comments

  • Reuben Nieves  On September 24, 2010 at 7:24 PM

    What you have said is only the tip of the iceberg. What is not yet revealed to the general public and acknowledged by the powers that be, is that federally chartered bank corporations are violating the due process clause of the 5th Amendment when foreclosing non judicially using a power of sale provision in a mortgage contract. I have the analysis showing that the activities of these types of corporations have been deemed to be governmental in several Supreme Court decisions. If you wish a copy of this analysis you can email me at reuben.nieves@yahoo.com

  • L.FitzGerald  On September 28, 2010 at 5:08 PM

    The Supreme court has washed their hands like “Poncius Pilate” they don’t want blood on their hands so they let the dogs run free , so they’l keep chewing away at homeowners rights ….
    Well they have embolden the criminals to keep on stealing, and homeowner’s keep going down , while the Supreme Court sit and watch .

    In my 58 years on this earth, I have never experienced such a vile Takeover of the Government by a Criminal organization…

    This is a classic coup d’état a overthrow , a sudden unconstitutional deposition of a government, usually by a small group of the existing state establishment [ Judges ]—typically the military—to replace the deposed government with another body; either civil or military.

    A coup d’état succeeds when the usurpers establish their legitimacy if the attacked government fails to thwart them, by allowing their (strategic, tactical, political)
    consolidation and then receiving the deposed government’s surrender; or the acquiescence of the populace and the non-participant military forces. Typically, a coup d’état uses the extant government’s power to assume political control of the country. In Coup d’État:
    A Practical Handbook, military historian Edward Luttwak says, “A coup consists of the infiltration of a small, but critical, segment of the state apparatus, which is then used to displace the government from its control of the remainder”, thus, armed force (either military or paramilitary) is not a defining feature of a coup d’état.

    the Congressmen’s letter’s don’t work ,

    Begging does not work ,

    only the physical presence of real people in protest by picketing , marching…bringing national wide attention to this abuse…. Remember Rosa Park’s boycot…
    one person started a positive reaction from her abused group Black Americans …

    Marching , and Protesting may be our last resource ..to stop this abuse …Like the Rosa Park’s strong stand against the brutal prejudice of her town…

    We the foreclosed and evicted victims are also suffering brutal judicial prejudice …. If we don’t start to protest in public pickets we can only blame ourselves .

    If Mrs Parks had not started her protest , she would have sat in the back of the bus for many more years…..

    L.FitzGerald aka Luigie Foreclosure Hamlet

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