GMAC, the struggling financing arm of General Motors, whose mortgage arm holds $26 billion of mortgages, just suspended foreclosures in 23 states in a harried, chaotic policy shift.
Ally Financial Inc.’s GMAC Mortgage unit told brokers and agents to halt foreclosures on homeowners in 23 states including Florida, Connecticut and New York.
GMAC Mortgage may “need to take corrective action in connection with some foreclosures” in the affected states, according to a two-page memo dated Sept. 17 and obtained by Bloomberg News. Ally Financial spokesman James Olecki confirmed the contents of the memo. Brokers were told to stop evictions, cash-for-key transactions and lockouts, regardless of occupant type, with immediate effect, according to the document, addressed to GMAC preferred agents.
The company will also suspend sales of properties on which it has already foreclosed. The letter tells brokers to notify buyers that the company will extend the closing date on all sales by 30 days. Buyers will be able to cancel their agreement to purchase and get their deposit back, according to the letter.
“Corrective action?” The only thing I can think of to elicit that kind of reaction is the noose tightening around foreclosure fraud. Federal investigators have been probing these activities, and the New York Times just ran a major story about foreclosure mills, where loan originators used phony documentation to claim ownership of titles to which they had no claim. Basically, people were getting foreclosure eviction notices from servicers who did not own the home. Rep. Alan Grayson recently petitioned the Florida Supreme Court to halt all foreclosures initiated by three firms in the state, who account for roughly 80% of all foreclosure activity.
Three foreclosure mills – the Law Offices of Marshall C. Watson, Shapiro & Fishman, and the Law Offices of David J. Stern – constitute roughly 80% of all foreclosure proceedings in the state of Florida. All are under investigation by Attorney General Bill McCollum. If the reports I am hearing are true, the illegal foreclosures taking place represent the largest seizure of private property ever attempted by banks and government entities. This is lawlessness.
I respectfully request that you abate all foreclosures involving these firms until the Attorney General of the state of Florida has finished his investigations of those firms for document fraud.
I have included a court order, in which Chase, WAMU, and Shapiro and Fishman are excoriated by a judge for document fraud on the court. In this case, Chase attempted to foreclose on a home, when the mortgage note was actually owned by Fannie Mae.
The court order is here, and basically, Shapiro and Fishman lied on behalf of Chase and WaMu to try and kick someone out of a home they didn’t own.
In an indirect response to this, one of these foreclosure mills just withdrew thousands of affadavits in their foreclosure cases. I suspect that GMAC, wary of entangling themselves in this kind of fraud, stopped all their activities to get a handle on the extent of the damage. One of the states where they halted foreclosures was Florida, where Attorney General Bill McCollum has initiated his own investigation on these matters.
FDL has extensively covered the issue of foreclosure fraud, and those articles can be viewed here.
UPDATE: GMAC is now denying this report.




18 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
the denial sounds like you were on the money David
Central Texas Judge gives Ms Proia a 7.7 on her floor execise
California wasn’t on the list unfortunately.
The biggest rape of all. Drive that cost of living up via $147.00 per barrel oil then watch the house of cards collapse, while betting that Americans would default, because of the increased cost of energy which underscores all cost? Sick bastards…………….
This makes Bernie Madeoff’s scam look like a “dot” on a bulls ass. Corporate Sodomy by design!!!!!!!!!!
Yves is following this at NakedCapitalism.
It’s mind-boggling.
September 20, 2010
Chief Justice Charles T. Canady
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1900
Dear Chief Justice Canady,
I am disturbed by the increasing reports of predatory ‘foreclosure mills’ in Florida. The New York Times and Mother Jones have both recently reported on the rampant and widespread practices of document fraud and forgery involved in mortgage assignments. My staff has spoken with multiple foreclosure specialists and attorneys in Florida who confirm these reports.
Three foreclosure mills – the Law Offices of Marshall C. Watson, Shapiro & Fishman, and the Law Offices of David J. Stern – constitute roughly 80% of all foreclosure proceedings in the state of Florida. All are under investigation by Attorney General Bill McCollum. If the reports I am hearing are true, the illegal foreclosures taking place represent the largest seizure of private property ever attempted by banks and government entities. This is lawlessness.
I respectfully request that you abate all foreclosures involving these firms until the Attorney General of the state of Florida has finished his investigations of those firms for document fraud.
I have included a court order, in which Chase, WAMU, and Shapiro and Fishman are excoriated by a judge for document fraud on the court. In this case, Chase attempted to foreclose on a home, when the mortgage note was actually owned by Fannie Mae.
Taking someone’s home should not be done lightly. And it should certainly be done in accordance with the law.
Thank you for your consideration of this request.
Sincerely,
Alan Grayson
Member of Congress
First off we will never win this because no matter how long it takes to reach the Supreme Court the court will find for the powerful institutional powers.
That said somebody should immediately find people who were just foreclosed upon by these same parties, the firm and bank, and file a case against them. Do not go class action. Tens of thousands of cases will kill the law firms and damage the banks terribly. Fight class action as long as possible.
Foreclosure mills? Who coulda anticipated.
Doing my errands last Saturday, while driving through an upper middle class section of Long Beach, CA (California Heights) I counted two “bank owned” open houses and one “Auction” in just two blocks. Sad news for a rather toney neighborhood. (:>
Cynthia Kouril has a bit more on the denial here.
If she says her spidey-senses are tingling, I believe her.
Shocker.
LOL.
This is strictly Ally Bank’s push to be “The Ethical Bank” in America.
Is the allegation that the challenged documents are in some manner altering the underlying debt and security agreements the mortgagors initially entered into? If so, that would be an extraodinarily serious matter.
If it is something other than that, then it would be a serious matter for the lawyers involved, but it would not necessarily have a dramatic impact on the actual foreclosure proceeding.
This is great news for all honest homeowners victimized by this pack of forgers masquerading as banks.
But I want to know why this is being left to the states to investigate, instead of AG Holder initiated a criminal investigation under the RICO statutes, since these forgers are perpetuating their scam across state lines.
Indeed, the MOB couldn’t do it any better!
Now that’s funny.
Their balance sheets will have to have a lot more capital…where will that come from? It is clear to me this decision was made for their financials not for the customers. And propabably these loan were securitizing making it illegal to foreclose.
If the loan was securitized, it makes ownership hard to prove, making any foreclosure unlikely to be approved,
Indeed my own transactions show that major banks lost much of the paper documentation – including the note – behind their loans in the 2005-06-07-08 period. That does not stop a foreclosure unless you are rich – for the rest of us it can delay it a bit.
It’s an egg management fee. But seriously, the issue that has caused the document fraud was the creation by the mortgage and banking interests in the 1990′s of the Mortgage Electronic Registration System, or MERS. The banks pretend they have the authority, or standing, based in part on your mortgage being in this registry, but there is a growing tsunami of lawsuits challenging MERS, and if this wave ever hits there will be some major problems at Fannie, Freddie, and Wall St.