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FDL | 10,000 GMAC Foreclosures Stopped in Maryland

FDL | 10,000 GMAC Foreclosures Stopped in Maryland


Posts by David Dayen Sunday January 16, 2011 7:00 am

In a major ruling Friday, a coalition of nonprofit defense lawyers and consumer protection advocates in Maryland successfully got over 10,000 foreclosure cases managed by GMAC Mortgage tossed out, because affidavits in the cases were signed by Jeffrey Stephan, the infamous GMAC “robo-signer” who attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements.

The University of Maryland Consumer Protection Clinic and Civil Justice, Inc., a nonprofit, filed the class action lawsuit, arguing that any case using Jeffrey Stephan as a signer was illegitimate and must be dismissed. In court Friday, GMAC agreed to dismiss every case in Maryland relying on a Stephan affidavit. They can refile foreclosure actions on the close to 10,000 homes, but only at their own expense, and subject to new Maryland regulations which require mandatory mediation between borrower and lender before moving to foreclosure. Civil Justice and the Consumer Protection Clinic also want any cases with affidavits from Xee Moua of Wells Fargo, who has also admitted to robo-signing, thrown out, but that case has not yet been settled.

This was not the plan of GMAC and other banks caught using robo-signers last year. They hoped to undergo a pause in proceedings, run a quick “double-check” and then issue substitute documents in the same cases. That would have been a much more rapid solution for the banks and would have resulted in many more foreclosures. Now GMAC has to go back and basically file the entire case all over again, meaning they have to give notice of foreclosure to the borrower, engage the borrower in modification options, and basically run through the whole process from the beginning. They cannot use the shortcut solution, thanks to the class action suit filed. GMAC’s dismissal of every foreclosure in Maryland shows their doubts they would have won the class action.

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MARYLAND CLASS ACTION| JONES v. HSBC, WELLS FARGO, BH&L

MARYLAND CLASS ACTION| JONES v. HSBC, WELLS FARGO, BH&L


CLASS ACTION COMPLAINT AND JURY DEMAND COMES NOW,

Plaintiff, Reginald Jones (hereinafter “Plaintiff”), by and through his attorneys Jon D. Pels, Esq., Lawrence J. Anderson, Esq., Justin M. Reiner, Esq. and Jennifer Schiffer, Esq., and Pels Anderson, LLC, and all others similarly situated, and makes the following Complaint against Defendants HSBC Bank USA, N.A., as Trustee, (hereinafter “HSBC”), Wells Fargo Bank, N.A. (hereinafter “WELLS FARGO”) and Buonassissi, Henning & Lash, P.C. (hereinafter “BH&L”)1

FIRST CAUSE OF ACTION
–    Solely Against Buonassissi, Henning & Lash, P.C    –
Violation of the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692, et seq.)

SECOND CAUSE OF ACTION
–    All Defendants –
Wrongful Foreclosure: Failure to Comply with Maryland Real Property Article, §§ 7-105.1 or 7-105.2

THIRD CAUSE OF ACTION
–    All Defendants    –
VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT

FOURTH CAUSE OF ACTION
–    All Defendants    –
BREACH OF CONTRACT – IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

FIFTH CAUSE OF ACTION
–    All Defendants    –
UNJUST ENRICHMENT/CONSTRUCTIVE TRUST

SIXTH CAUSE OF ACTION
–    All Defendants    –
INJUNCTIVE / DECLARATORY RELIEF

SEVENTH CAUSE OF ACTION
–    All Defendants    –
COMMON LAW FRAUD

[ipaper docId=40747885 access_key=key-7iobhc6adcr7l4x7wdu height=600 width=600 /]

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GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
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Kenneth Eric Trent, www.ForeclosureDestroyer.com

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