Foreclosure fraud alleged as GMAC withdraws affidavits and halts foreclosures

GMAC and its lawyers confirmed what many already suspected. GMAC has filed tens of thousands of foreclosure cases, seeking summary judgment. In those cases, affidavits were filed alleging that the person signing had personal knowledge of the facts and circumstances. However, one individual, Jeffrey Stephan, admitted to signing approximately 10,000 of such affidavits per month. Mr. Stephan stated the obvious when he acknowledged that he did not have personal knowledge of what he was signing.

In order to obtain a foreclosure judgment in Florida, the Plaintiff must file affidavits based on personal knowledge. The Stepan affidavits are admittedly not based on personal knowledge. So summary judgment should not and cannot be granted in these cases.

After a Florida judge threw out a foreclosure case based upon one of these improperly filed affidavits, GMAC announced that it was taking "corrective action". Its not clear what GMAC means by that, or how. GMAC's lawyers have been filing notices in pending cases withdrawing the affidavits that have been filed. In the article below, GMAC announces that it is putting foreclosures "on hold". But what happens to those who have already been foreclosed upon?


http://articles.sun-sentinel.com/2010-09-20/business/fl-gmac-foreclosures-halted-20100920_1_gmac-mortgage-foreclosure-cases-foreclosure-process