U.S. State Officials Investigate After GMAC Halts Evictions

September 25, 2010, 12:01 AM EDT

By Dakin Campbell

Sept. 25 (Bloomberg) — Attorneys general in three U.S. states are investigating foreclosures at Ally Financial Inc.’s GMAC Mortgage unit after the lender said it would halt some evictions following a discovery of faulty documentation.

Texas, Iowa and Illinois have started investigations into mortgage practices at Ally, while California, which isn’t affected by GMAC’s action, ordered the company to stop foreclosures unless it can prove compliance with state law, according to statements. Ally said it has issued a “more robust policy” on processing foreclosures, increased staff to handle documents and instituted more training for employees.

“Preserving the integrity of the foreclosure process is of the utmost importance,” Ally said yesterday in a statement. “While we are exercising an abundance of caution in the review process, we are confident that the processing errors did not result in any inappropriate foreclosures.”

Continue reading…BUSINESS WEEK

.

September 24, 2010

Chicago ­ Attorney General Lisa Madigan today issued a letter to the mortgage lender Ally (formerly GMAC) demanding a meeting to address concerns that the company has violated the state’s Consumer Fraud Act in its pursuit of Illinois homeowners in foreclosure. Madigan’s letter responds to reports raising serious questions about the accuracy of documents the lender files in foreclosure lawsuits.

An Ally employee testified in a Florida court case that he routinely signed affidavits for foreclosure lawsuits and submitted them to Ally’s attorneys without reviewing the homeowners’ loan documents. These affidavits were then filed with the court as evidence of Ally’s right to foreclose on the homes. The employee testified that he signed at least 10,000 affidavits a month without reviewing the underlying paperwork, and thus had no way of knowing whether the information in the affidavits was actually true.

“Families’ homes are at stake here,” Madigan said. “If I determine that Ally is rubber-stamping affidavits and filing them with our courts as evidence, I will take appropriate action. The law demands that lenders prove their case in foreclosure actions, and Illinois homeowners demand the same.”

Following these revelations, Ally announced this week that it is suspending foreclosure lawsuits in 23 states, including Illinois.

Madigan also requested that Ally immediately provide her office with details on the impact of Ally’s conduct on Illinois homeowners, including the number of Illinois homeowners affected by the suspension of foreclosures; the names of the Illinois law firms that Ally retains to pursue foreclosure actions; information about how these firms will implement and monitor the suspension of foreclosure lawsuits in Illinois; and the length of the suspension.

GMAC ranked fourth among U.S. home mortgage lenders in the first six months of this year, according to Inside Mortgage Finance, an industry newsletter.

Related posts:

1. California Attorney General Demands Halt To Foreclosures By Mortgage Giant California Demands Halt To Foreclosures By Mortgage Giant By Dale...
2. FORECLOSURE FRAUD LETTER TO FANNIE MAE FROM GRAYSON, FRANK and BROWN This should send a powerful message to each and every...
3. FORECLOSURES TO COME TO A HALT IN FLORIDA? WE WROTE THEY READ IT! . THIS IS HUGE! Coming in… Florida might halt all...
4. MERS is a “defective” product, should MERS be recalled nationwide? This is not a GMAC thing… this is a MERS...
5. BLOOMBERG| GMAC STOPS FORECLOSURES NATIONWIDE IN 23 STATES This bombshell just hit the wires….EFFECTIVE IMMEDIATELY GMAC HAS SUSPENDED...