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洛杉矶( 美联社 ) --加利福尼亚司法部长想要停止通用汽车金融服务公司抵押有限责任公司在州的取消抵押品赎回权,直到它证明它遵照意在防止丧失抵押品赎回权的州法律。


国家法律涵盖抵押贷款的项目在2003年一月和2007年12月之间 。 它要求出借人在发通知给违反抵押贷款人之前,尝试与借款人接触去决定,如果他们是符合贷款修正案的话,这是丧失抵押品赎回权过程的第一步。






佛罗里达司法部长调查了三家律师事务所,因为怀疑其提供欺诈性的宣誓书,确定其在丧失抵押品赎回权案件中保留原始抵押票据。 在佛罗里达和在其它州,这文件允许出借人回避昂贵的审讯并且继续进行取消抵押品赎回权。

所调查的三个公司中的两个—马歇尔 西 沃森法律事务所和大卫 杰 斯特恩律师事务所—他们是在丧失抵押品赎回权诉讼中代表通用汽车金融服务公司。 同时,签署许多这样的据说错误的宣誓书的人是通用汽车金融服务公司的一个雇员。

在十二月被革职的,通用汽车金融服务公司雇员杰弗里说他一个月内签署10,000份宣誓书或者类似的文件没有亲自证实抵押持有人是谁。 那意味着许多取消抵押品赎回权发生是基于伪造的文件。




Calif atty general asks GMAC to cease foreclosures

LOS ANGELES (AP) -- California's attorney general wants GMAC Mortgage LLC to stop foreclosures in the state until it proves it is complying with a state law aimed at preventing foreclosures.

California Attorney General Jerry Brown said Friday that he directed Ally Financial Inc., which owns GMAC, to prove it is complying with a law that prohibits lenders from taking steps to foreclose a home before making an effort to work with the borrower.

The state law covers mortgages made between Jan. 1, 2003, and Dec. 31, 2007. It requires lenders to attempt to contact a borrower to determine if they're eligible for a loan modification before issuing a notice of default on the mortgage, the first step in the foreclosure process.

On Monday, GMAC said it had halted certain evictions and sales of foreclosed homes in 23 states -- California is not among them -- to correct a "potential issue" in its foreclosure process.

On Friday, the company went further and said procedural errors were made in certain affidavits required by some states as part of the foreclosure process.

"The error is not related to the accuracy of the underlying transaction or the ultimate decisions to have exercised the foreclosure proceedings," the company said in a statement.

Moreover, the company said its review of the matter has revealed no evidence of any factual misstatements about details such as loan balance, its delinquency or the validity of the note and mortgage.

An Ally Financial spokeswoman declined to comment specifically on the California attorney general's directive.

The Florida attorney general is investigating three law firms for allegedly providing fraudulent affidavits that identify who holds the original mortgage note in foreclosure cases. In Florida and in other states, this document allows lenders to bypass a costly trial and proceed with a foreclosure.

Two of the three firms being investigated -- the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA -- have represented GMAC in foreclosure proceedings. And the person who signed many of these allegedly false affidavits was an employee of GMAC.

In a deposition taken in December, GMAC employee Jeffrey Stephan said he signed 10,000 affidavits or similar documents a month without personally verifying who the mortgage holder was. That means many foreclosures could have taken place based on false documentation.

Brown alluded to Stephan's deposition, saying California homeowners facing foreclosure are "clearly in jeopardy since an Ally Financial official admitted his review of thousands of critical foreclosure documents was really a sham."

The company has not addressed how many homeowners would be affected by its suspension of evictions and foreclosure sales. It expects the issues to be resolved within a few weeks or, at latest, by year-end.

California has the nation's fourth-highest foreclosure rate, with one in every 194 households receiving a foreclosure-related warning last month, according to foreclosure listings service RealtyTrac Inc.



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