GMAC mortgage will need to take corrective action in connection with many Florida foreclosures, including many filed in Miami. GMAC has suspended evictions, cash-for-keys transactions and lockouts, regardless of occupant type, effective immediately. GMAC will also suspend sales of properties on which it had already foreclosed.
The reason behind GMAC’s unusual move to halt all foreclosures in Miami, and statewide, stems from serious concerns surrounding affidavits GMAC submitted in support of its foreclosures.
It turns out that Jeffrey Stephan, a GMAC foreclosure team leader, admitted under oath that he signed tens of thousands of affidavits verifying mortgage note ownership and amounts, even though he never saw original documents in those cases. This is a violation of Florida’s Rules of Civil Procedure, bolsters the defense of many of GMAC foreclosures, and could lead to possible perjury charges. Additionally, many affidavits filed in support of GMAC foreclosures were also signed without a notary public present. This is a violation of Florida’s notary rules and laws.
These irregularities can lead to the successful defense of a foreclosure. Our firm has a proven track record in defending foreclosure cases. We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure. The Miami lawyers at Alvarez & Barbara, LLP, are on your side. We are experienced trial attorneys who will help you understand your rights and options under Florida and federal foreclosure laws.