A federal court is on the verge of throwing out a lawsuit filed by Maine homeowners facing foreclosure action against Ally Financial Inc.'s GMAC mortgage unit, which has been accused of wrongful foreclosure practices.
U.S. District Judge D. Brock Hornby in Portland, Maine has granted GMAC's request to dismiss two claims in the complaint and the remaining one claim is also not expected to survive, according to Thomas Cox, a lawyer for the homeowners.
In disputed foreclosure actions, especially in cases where the aggrieved homeowner is trying to bring an action against a servicer for having filed false affidavits, the judge has ruled that the homeowner can challenge the use of false coduments in their individual foreclosure cases and can't file new lawsuits.
A contrary ruling would mean that the outcome of every lawsuit could produce a later lawsuit by the unhappy loser, seeking damages on account of the outcome of the former lawsuit and claiming that it resulted from false testimony or false affidavits, the judge wrote.
However, Cox said the decision could set a precedent and be a setback for homeowners who are attacking the foreclosure practices of lenders by filing class-action lawsuits.
Meanwhile, the homeowners, who have accused GMAC of filing false documents in foreclosure cases, are devastated. The lawsuit was filed last year and in December, they had failed in stopping GMAC from proceeding with the foreclosure sales in Maine.
The lawsuit's sole surviving claim alleges that GMAC has violated Maine's Unfair Trade Practices Act but Cox feels Hornby will probably side with GMAC in this matter too.
The case is Bradbury v. GMAC Mortgage LLC, 10-00458, U.S. District Court of Maine (Portland).