“Foreclosure-Gate” Causing Chaos In The Mortgage Industry
Recently allegations have been made against several prominent mortgage lenders claiming the use of flawed and in some cases fraudulent documents during the foreclosure process. In one GMAC Mortgage has been accused of using a “notary-mill” to crank out upwards of 10,000 foreclosure documents each month without reviewing the documents. Similar accusations have been leveled at Bank of America. In states that use judicial foreclosure, this activity amounts to a fraud upon the court and is illegal.
JPMorgan Chase, Ally Bank’s GMAC Mortgage and PNC Financial have all suspended foreclosures in states that require a judge’s order. Bank of America has suspended all foreclosures in all 50 states. State attorney generals across the nation have joined an investigation into these foreclosure practices. In Congress, Nancy Pelosi and Christopher Dodd, have called for a federal investigation, and U.S. Attorney General Eric Holder said he is looking into the matter.
Potentially millions of foreclosures across the United States are subject to challenge. In some cases courts are denying the lender’s foreclosure suit because it cannot produce clear title. A recent lawsuit in federal court in Louisville alleges that banks participating in MERS (a mortgage document clearing house) conspired to produce false promissory notes, affidavits, and mortgage assignments to be used in mortgage foreclosures. Similar class actions have been filed against MERS in Florida and New York.
As a result of this mortgage document fiasco, one title insurance company, Old Republic National Title Insurance, has announced that it will no longer write new insurance policies for homes that have been foreclosed on by JPMorgan Chase and GMAC Mortgage. Homeowners who have purchased foreclosed homes may not have clear title and may face difficulty in selling their homes in the future.
If you are facing foreclosure, consult with an experienced bankruptcy attorney and discuss your options. There are many options for homeowners who are unable to make their mortgage payments. Your bankruptcy attorney can discuss your options and protect your legal rights.
Fears & Nachawati Law Offices