Maine Residents File Class Action Suit In Effort To Hold Lender Accountable For Allegedly "Routinely & Systematically" Using False F'closure Documents

In Biddleford, Maine, the Molleur Law Office announces:

• Five Maine residents filed a complaint(1) today [Oct 1, 2010] against GMAC Mortgage, LLC ("GMAC") on behalf of themselves and a class of Maine homeowners alleging that the company routinely and systematically files false certifications that it has a right to foreclose on Maine homeowners, and false affidavits when asking courts to enter foreclosure judgments.

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• The Maine residents are represented by Andrea Bopp Stark from the Molleur Law Office in Biddeford, Maine; Thomas Cox(2) coordinator of Maine Attorneys Saving Homes in Portland; the National Consumer Law Center and the Center for Responsible Lending.

For more, see Molleur Law Files Class Action Complaint Against GMAC.

See also Lexology: Archibald v. GMAC Mortgage, LLC may be start of new class action wave over allegedly defective affidavits (requires subscription; if no subscription, GO HERE, then click appropriate link for the story).

(1) For the GMAC Maine Class Action Lawsuit and related documents, see:

• Archibald, et. al. v. GMAC Mortgage, LLC.,
• Exhibits 1 - 4,
• Exhibits 5 - 25,
• 2009 Deposition of Jeffrey Stephan,
• 2010 Deposition of Jeffrey Stephan.

(2) Mr. Cox, an attorney who reportedly has retired from the practice of law but apparently has yet to leave the "playing field" (see Retired Maine Attorney Joins Fight Against Foreclosures; Volunteers Services With Local Legal Aid Program), successfully represented a homeowner facing foreclosure as co-counsel in a case decided by the Maine Supreme Court in August. Based on the facts in that case, the Maine high court found that MERS was not a "mortgagee" within the meaning of the state's foreclosure statute, 14 M.R.S. §§ 6321-6325, and therefore had no standing to institute foreclosure proceedings. See Mortgage Electronic Registration Systems, Inc. v. Saunders, et al., 2010 ME 79 (August 12, 2010).