Class Action Filed Against GMAC Alleging Due Process Violations, Abuse of Process, and Unfair and Deceptive Practices

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Mason, LLP., of Washington, D.C., and Tampa law firms Lash & Wilcox, PL, and Kynes, Markman & Felman, P.A., have filed a class action lawsuit in the United States District Court for the Middle District of Florida, Huber, et al. v. GMAC, Civil Action No. 8:10-cv-02458-SCB-EAJ, on behalf of tens of thousands of Florida homeowners who have allegedly been harmed by GMAC's use of fraudulent affidavits and other documents in foreclosure proceedings. 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. Each of the lead plaintiffs is a homeowner facing foreclosure in whose cases GMAC has submitted affidavits signed by one of these "robo-signers."

It's easy to blame the borrowers,

Mason, LLP., of Washington, D.C., and Tampa law firms Lash & Wilcox, PL, and Kynes, Markman & Felman, P.A., have filed a class action lawsuit in the United States District Court for the Middle District of Florida, Huber, et al. v. GMAC, Civil Action No. 8:10-cv-02458-SCB-EAJ, on behalf of tens of thousands of Florida homeowners who have allegedly been harmed by GMAC's use of fraudulent affidavits and other documents in foreclosure proceedings. 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."

"It's easy to blame the borrowers, " said Gary E. Mason, one of the attorneys for the Florida homeowners, "but what about due process? Homeowners have a constitutional right to be treated fairly. There is nothing fair about false affidavits."

According to Geoffrey Huber, one of the plaintiffs, he discovered a "robo-signed" affidavit had been filed in foreclosure proceedings on the house he owns in Florida. "I don't know how they thought they legally could get away with this."

As set forth in the Complaint, GMAC's conduct in foreclosure cases has resulted in 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." Indeed, one of the lead plaintiffs in this case alleges that he was not actually in default at the time GMAC initiated foreclosure proceedings.

The lawsuit seeks damages based on claims GMAC's actions violated the homeowners' constitutional right to due process, was an abuse of process, and was an unfair and deceptive practice. The suit also seeks a declaration that GMAC's fraudulent conduct may be asserted as a defense to foreclosure and to preclude GMAC from obtaining a deficiency judgment, and a declaration that the fraudulent affidavits are legally void.

Mason LLP has extensive experience in representing plaintiffs in complex class action litigation, including class actions arising from violations of privacy, defective products, price fixing conspiracies, wage and hour law violations, and toxic torts. Lash & Wilcox, PL is a law firm specializing in consumer protection actions. Kynes, Markman & Felman, P.A. specializes in civil, criminal, and appellate cases, as well as class actions.

Florida homeowners who have mortgages serviced by GMAC can obtain additional information by contacting Gary E. Mason of Mason Law Firm LLP 202-429-2290, or by email, gmason(at)masonlawdc(dot)com. For a copy of the complaint, please visit http://www.masonlawdc.com.

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Monica DiCocco
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