GMAC’s Recent Foreclosure “Technicalities” Ain’t Nothin New – 2006 Order Granting Motion for Sanctions RE Fraud on the Court for False Affidavits

Well well well…

Who woulda thunk…

I have taken the liberty to publish the full order below in which the judge sanctions GMAC and our good friend Roy A. Diaz of Smith Hiatt & Diaz right here in Florida…



GMAC Foreclosures Drew Earlier Sanctions for `False Testimony’

Excerpts from the report…

GMAC gave “false testimony” when it justified foreclosures by submitting sworn affidavits signed by a mortgage executive who later said in a deposition she didn’t actually review the loan documents or sign in the presence of a notary, according to a 2006 court order filed in Duval County, Florida. In response to the sanctions, GMAC Mortgage directed employees to “read and fully understand” court documents before signing.

Here we go… Is GMAC positioning to throw it’s employees (Robo-Signers / Affidavit Slaves) UNDER THE BUS?

“Do not sign unless you have that comfort level,” said a policy directive from GMAC Mortgage’s James Barden, then- associate counsel for the legal staff. “It is the integrity of our cases that is at stake and we cannot afford anything less than full accuracy.”

Oh, damn… They just did…

You could always turn witness for the prosecution, Jeffrey…

Ally, the Detroit-based auto and home lender, said this week it found a “technical” deficiency in its foreclosure process allowing employees to sign documents without a notary present or with information they didn’t personally know was true.

Yea, “technically” we lied on hundreds of thousands of documents to disposes people of their homes…

Ally declined to say how many loans may be affected.

Because they are TERRIFIED of the repercussions that are about to change the foreclosure landscape as they know it while taking the rest of the industry down with them…

The 2006 case stems from a GMAC Mortgage foreclosure that began in August 2004 on a home owned by Robert and Lillian Jackson. The filing included an affidavit signed by a GMAC officer laying out the amount owed on the loan.

Florida Circuit Court Judge Bernard Nachman sanctioned GMAC in May 2006, saying that the company “submitted false testimony to the court in the form of affidavits of indebtedness.” The company was ordered to submit an explanation and confirmation that the policies were changed, and told to pay defendants’ legal costs of $8,135.55.

Order below…

GMAC’s legal department issued a statement afterward that told employees “not to sign verifications on court pleading documents unless you have independently reviewed and checked the facts.” The policy, distributed in June 2006, also stated in italics and boldface that employees should sign documents only in the presence of a notary. GMAC told the court four years ago that the policies were “being corrected.”

Ohh, boldface italics…

Four years ago? And they sill haven’t gotten it right? Okay..

“They’re acting like this is a new problem,” said O. Max Gardner III, a bankruptcy attorney at Gardner & Gardner PLLC in Shelby, North Carolina, who is not directly involved in either GMAC case. “It’s the exact same thing,” Gardner said. “This is not just a GMAC problem. This is an industry-wide problem.”

“It’s not ‘technical’ when people attest under oath to knowledge they don’t have, and it doesn’t matter that in fact there isn’t actual error or discrepancy,” Rhode said. “Any court would take this very seriously.”

Unless you are in Florida, so far…
(I promise I will make it stop)

Chief Judge Peter Blanc of Palm Beach County Florida…


LINK – Palm Beach Post: Blanc said it is important to clear the foreclosure cases so that vacant and dilapidated homes can go back on the market…

“I’ve read about some claims of fraud on the part of lenders. And, of course, it only becomes an issue if it’s pled in the case. I like to hope if there’s any fraud, that it wouldn’t be widespread. . . . I mention that because it’s a variable, and I don’t know if it will be a factor.” Blanc Said.

Umm. Let’s see, it has been reported in the Wall Street Journal, NY Times, Huffington Post, though letters to your office and your states top cop, the Attorney Generals Office alleging WIDESPREAD fraud across the board…

So, you are saying you allow known massive fraud to infect your court but it only becomes an issue if it is pled?

Does anyone find this absolutely mind blowing other than me?

“It only becomes an issue if it’s pled in the case.”


Are you drinking the same Kool-Aid as Judge Meenu Sasser?

LINK – Palm Beach Post:

“I haven’t seen any widespread problem,” Sasser said.

Anyway, you can check out the full Bloomberg article here…

And you can check out the Order Granting Sanctions from 2006 below…

A much appreciated THANK YOU needs to go out to the Florida Attorney General’s office on all this…

Without their announcements of their investigations on the four largest foreclosure mills here in Florida, I truly believe that all the judges, politicians and media would of never come forward to expose the fraud that they knew was happening but were too afraid to be the “first” one to talk about it…

You can reach them, right now, (and yes I am tracking this if you do or don’t) by clicking here and telling them that their investigations are more important than any other investigation they have ever investigated and decisions need to be made now…

Either they are going to let these games continue or they are not…

So please, flood their office with calls and faxes and tell them to act…

PHONE: 954-712-4706

FAX: 954-712-4706

BTW, I am exhausted..




Foreclosure Fraud Rewind Circa 2006 – Order Granting Sanctions Against GMAC & Roy A. Diaz
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Foreclosure Fraud Rewind Circa 2006 – Plaintiff’s Notice of Compliance With Court Order
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3 Responses to “GMAC’s Recent Foreclosure “Technicalities” Ain’t Nothin New – 2006 Order Granting Motion for Sanctions RE Fraud on the Court for False Affidavits”
  1. Marla Gibson says:

    I’m Pro Se in a lawsuit filed by GMAC in which Judge Hall in Desota Co. ordered the plaintiff to schedule mediation within a specific time.
    1st: Our schedule “meeting” is 1 day past the specified time
    2nd: The meeting that is scheduled by plaintiff is with KeyChain Alliance which seems to be GMAC related and may not meet the judges criteria concerning mediator
    3rd: The plaintiff was ordered to contact me with the information about the mediation with in a specific time which they did not.
    4th: This lawsuit has already seen one council for the plaintiff withdraw council. Now Florida Default is council for plaintiff.
    5th: My note was robo signed.
    6th: 2 separate affidavits from 2 separate servers, from 2 separate states, with 2 separate and different amounts owed.
    7th: Sent my last payment back to me after they filed suit. Payment was made in good faith prior to any notice of action.
    Does any or all hold any water? Do i have a chance considering pro se representation?
    Thanks from a terrified home owner
    Marla Gibson.

  2. housemanrob says:

    Do judges like Sasser and Blanc, etc…etc and the spiritual thinkers of this ‘mind blowing” scheme really believe or think they can pull this off by downplaying legal issues like FRAUD! Are they saying a little crookedness is ok if it does not get out of hand. It is too ridiculous to accept for reason or intellect.This is a CONSPIRACY. Have a look underneath the surface and once again it is about power and money.

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