Ohio Judge Nixes GMAC F'closure Action Withdrawl; Orders Lender To Fork Over “Proof Of Integrity Of All Docs Submitted" As State AG Files Amicus Brief

From the Office of the Ohio Attorney General:

• [A]fter filing a lawsuit against GMAC for fraud earlier this month [go here for press release, lawsuit], [Ohio Attorney General Richard] Cordray demanded that the loan servicer withdraw all pending foreclosures in which questionable affidavits were used in Ohio. Th[e] foreclosure case, U.S. Bank National Association v. James W. Renfro, was one of a handful of cases in which GMAC willingly filed a motion to withdraw.

• However, on October 25, Judge Nancy Margaret Russo denied the motion and ordered GMAC to provide the court with “proof of integrity of all documents submitted” at a pretrial set for November 8.

• To inform the court of evidence of affidavit tampering, Cordray filed an amicus brief. Cordray’s brief focuses on testimony given by GMAC employee Jeffrey Stephan in two cases acknowledging falsification of affidavits,(1) two previous sanctions against GMAC for filing false affidavits(2) and outlines the argument that filing false affidavits is an act of fraud on the court.

For the Ohio AG press release, see Cordray Outlines Fraud in Cleveland Foreclosure Case.

Go here for:

• GMAC’s motion to withdraw and Judge Russo’s ruling,
• Ohio AG's "friend of the court" brief,
• Information on AG's Cordray’s lawsuit against GMAC.

(1) The Ohio AG's amicus brief specifically references, and attaches as Exhibits A & B of the brief, Jeffrey Stephan's:

• December 10, 2009 Florida deposition, and
• June 7, 2010 Maine deposition.

(2) The previous incidents referenced in the AG's amicus brief are:

• a September, 2010 sanction in a Maine foreclosure action, see FNMA v. Bradbury,
• a May, 2006 sanction in a Duval County, Florida foreclosure action recently referenced in The Wall Street Journal: Niche Lawyers Spawned Housing Fracas.