Following up on the recent mortgage scandal that has rocked the industry, the lawyers at DeBlasio Law Group, LLC recently learned that a class action lawsuit was filed in a Florida federal court on November 4, 2010, on behalf of thousands of Florida homeowners who claim that GMAC used fraudulent affidavits and other documents in mortgage foreclosure cases against them. The case is Huber v. GMAC.
As reported in www.LawyersandSettlements.com, “GMAC employees have admitted in sworn testimony to signing whatever is put in front of them in foreclosure cases, regardless of the accuracy of those documents, without personal knowledge of the truth of what they are signing, without reviewing the underlying documents to determine whether the documents are accurate, and often not even in the presence of a notary. As set forth in the Complaint, each of the lead plaintiffs is a homeowner facing foreclosure in whose cases GMAC has submitted affidavits signed by one of these ‘robo-signers.'”
The Complaint (click for a copy without exhibits attached) alleges, among other things, that GMAC’s conduct has caused severe financial and personal strain on homeowners, declining home values, and increased deficiency judgments for foreclosed-on homeowners. The Complaint alleges that the defects in virtually every foreclosure case filed in the last several years are not mere “technicalities,” nor just “sloppy paperwork.”
The lawsuit seeks damages based on alleged violations of the homeowners’ due process rights, abuse of process, and unfair and deceptive practices. The suit also asks the court to declare that GMAC’s conduct may be asserted as a defense to foreclosure and to bar GMAC from obtaining a deficiency judgment, as well as a declaration that the fraudulent affidavits are void.
DeBlasio Law Group, LLC has extensive experience in complex commercial litigation matters. If you believe you have been the victim of fraud, contact our law firm (www.DeBlasioLawGroup.com) for an appointment to discuss your case. Our firm is selective in the matters it agrees to pursue.