Ohio Attorney General Mike DeWine

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Finding problems with foreclosures

10/28/2010

Information has recently come to light about how foreclosures are being processed across the country. It appears that, on a mass scale, many homeowners may be being deprived of their private property rights based on phony affidavits and without the due and proper processes of law.

The Ohio Attorney General's Office filed the first lawsuit in the nation against a mortgage servicer over fraudulent affidavits filed in foreclosure cases. The lawsuit charged GMAC Mortgage, LLC and its parent, Ally Financial Inc., of filing fraudulent affidavits to mislead courts in hundreds of Ohio foreclosures.

The Ohio Attorney General's Office is seeking a preliminary injunction that, if granted, would prevent GMAC Mortgage from completing foreclosure sales in Ohio based on fraudulent affidavits and stop GMAC from using faulty affidavit practices in other foreclosure cases in Ohio.

In addition to GMAC, similar concerns have arisen about the accuracy of affidavits filed by others, including Bank of America, JPMorgan Chase, PNC and OneWest Bank.

To investigate this problem, Cordray has joined a multi-state working group made up of attorneys general from all 50 states and banking and mortgage regulators from more than 30 states, including the Ohio Department of Commerce's Division of Financial Institutions.

Together, the group will investigate whether individual mortgage servicers have improperly submitted documents in support of foreclosures and whether other servicing irregularities or abuses have occurred.

Ohio homeowners who have knowledge of foreclosure fraud or questions about the litigation against GMAC/Ally or investigations into other foreclosure fraud can contact the Ohio Attorney General's Office at ForeclosureFraud@OhioAttorneyGeneral.gov.


Tags: mortgage servicer, fraud, mortgages, Consumer Advocate

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