I want to file a claim against GMAC. I was in the process of a HAMP and the GMAC documents said they would not proceed with foreclosure while my application for Home Affordable Mortgage Program was being evaluated. But they did foreclose and were going to put my home up for auction.The Bank that I used when I refinanced a number of years ago for a lower interest rate sold my mortgage to GMAC. June 23 the Boston Globe stated that many people have filed claims against their bank or mortgage co for the very same reason I want to file a claim. can you help me?
State/Country relating to question: Massachusetts
I hired a banruptcy attorney, showed him the onflicting doc stating GMAC would not foreclose while my HAMP app was being reviewed but they not only foreclosed but a Sherriff came to the door stating my house was going up for auction in a few weeks. I had to declare Bankruptcy to save my house. I was also able to borrow the 25K that was in the rear but the bank wouldn't except it without the 8K to cover their lawyers fees. I have been paying the mortgage and the trustee but lost my job.
Hello and thank you for the question. I am sorry to read of this dilemma.What outcome are you seeking?
I want the foreclosure stopped as I believe GMAC would not be able to provide the original papers that I signed when I remortgaged with Mount Washington because Mount Washington sold my mortgage to GMAC.
First Question, did you read the article in the Boston Globe about people winning cases for the exact same reason, if the banks and or mortgage companies cannot provide the original signed document for the mortgages they can not file for foreclose on your property.
I believe that is the determining factor where people in my situation are now out of foreclosure.
I had to declare bankruptcy to keep my house from being auctioned off. I want to drop the bankruptcy with no fear that GMAC will foreclose on me again.
In addition, GMAC has been charging me for their lawyer fees, considering my house never should have been foreclosed on, I do not feel I should pay for GMAC's mistake.
I also want the back amount owed to be forgiven or dismissed as GMAC would not let me pay them the 25K I owed them back in June/July/August timeframe because they wanted me to pay the cost GMAC occurred foreclosing on my house.
I paid 3K to a bankruptcy lawyer with this information right from the beginning, sorry to say he is the most inadequate Lawyer I have ever met. He keeps saying "I don't know much about this". I would like GMAC to reimburse me for all the money this scam and I really do mean scam has cost me. I believe I previously mentioned I was in the process of applying for the HAMP rate modification and GMAC sent me letters every month stating they would NOT foreclose while my HAMP modification was in process but they did.
Honestly I have been in a living hell since the Sherriff came to my door with paperwork stating my home was up for auction in a few weeks.
What can I do to begin filing a claim on GMAC?
Have you considered suing using counsel on commission?
I am/was not aware of suing using counsel on commission. What does that entail? Would I have a lawyer that is knowledgeable about the bank foreclosures?
What steps do I need to take to go with suing counsel on commission?
What is counsel on Commission?
What do you think my chances are of at least getting GMAC to stop the foreclosure proceedings?
As mentioned I had to declare bankruptcy and my lawyer told me if I remove the bankruptcy it leaves me wide open for GMAC to foreclose again.
Did you read the Boston Globe June 23rd, 2012 article? Once you do please tell me what you would do if you were me?
Did the lender get permission to proceed with foreclosure outside of bankruptcy? Lawyer on commission means a lawyer who works on contingency and is paid one third of the recovery. Findlaw.com is a good resource.
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