Ohio AG Advises Judges to Exercise Caution, Asks Judges Perform Special Review of Foreclosures

October 5, 2010

2010/09/29 at 7:44 am

Ally Gets Ohio, Colorado, North Carolina Queries on Evictions
By Danielle Kucera and Margaret Cronin Fisk – Sep 28, 2010 5:23 PM ET

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Richard Cordray, Ohio attorney general

Richard Cordray, Ohio attorney general. Source: Ohio Attorney General Office via Bloomberg
U.S. Home Seizures at 3rd Record in Five Months Sept. 17

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Sept. 16 (Bloomberg) — U.S. home seizures reached a record for the third time in five months in August as lenders completed the foreclosure process for thousands of delinquent owners, according to RealtyTrac Inc. Bloomberg’s Su Keenan reports. (Source: Bloomberg)

Ally Financial Inc., the lender that stopped evictions in 23 states, faces new queries from Ohio, Colorado and North Carolina about whether its foreclosure process is legal.

Ohio Attorney General Richard Cordray asked state judges in a letter today to do a special review of all foreclosures involving Ally’s GMAC Mortgage unit and urged them “to exercise caution when approving any foreclosure orders involving GMAC.” Colorado Attorney General John W. Suthers asked Ally yesterday to extend the freeze on evictions to his state, and his counterpart in North Carolina is asking for a meeting with GMAC.

Mortgage firms have drawn fire from lawyers and homeowners about methods used to streamline foreclosures as U.S. evictions hit record levels. GMAC Mortgage notified agents and brokers on Sept. 17 that it had suspended evictions. Ally, the Detroit- based parent company of GMAC, said it found a “technical” defect in its foreclosure process allowing employees to sign documents without a notary present or with information they didn’t personally know was true.

Attorneys general in at least five states including Texas and Florida are investigating GMAC’s practices and California has told the company to prove its foreclosures are legal or halt them.

North Carolina sent a letter yesterday telling Ally that “use of unverified affidavits to obtain judicial relief could constitute a fraud upon the court.” The letter was sent by North Carolina Assistant Attorney General Philip Lehman to Ally General Counsel William B. Solomon Jr.

Ally spokeswoman Gina Proia wasn’t immediately available for comment.

To contact the reporters on this story: Danielle Kucera in New York at dkucera6@bloomberg.net Margaret Cronin Fisk in Detroit at mcfisk@bloomberg.net;

To contact the editor responsible for this story: Rick Green in New York at rgreen18@bloomberg.net.

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Ohio AG Advises Judges to Exercise Caution, Asks Judges Perform Special Review of Foreclosures