Skip to comments.GMAC Mortgage attempted foreclosure over a 30 CENT error!!
Posted on 12/24/2008 10:36:03 AM PST by big black dog
click here to read article
First to call BS.
Instead of working with customers to the benefit of both, banks have turned into thugs, trying to maximize quarterly profits. That this behavior destroys their customer base and lower housing prices is not accounted for. It is suicidal.
You hear about this stuff happening and are usually incredulous that it does happen.
Is it any wonder that consumer faith in lending institutions is in the crapper?
I would be posting this on elance.com for legal help offering a hefty bonus collected on punitive damages.
You win something for that?
You should have bought the Trucoat!
>>First to call BS.<<
I agree. Extraordinary claims require extraordinary evidence.
Thanks to the internet, now more than ever this is true.
I, too, wonder about this story.
I’ve had mortgages with GMAC and they have always been great to deal with. Perhaps there is more to this story.
It's all fun and games until someone puts an eye out . . . in other words, it's all fun and games until one gets served with a summons to appear and blows it off. Thus the "summery" judgment motions.
This is very simple. Without official documents crossing your doorstep you are not liable. Personally, once they told me of the 30 cent error, I would have sent them a check for 30 cents and if they wanted more, immediately gone to small claims court for the maximum amount AGAINST THEM for harrassment.
The fact that they were told by “unbiased” lawyers that they were screwed means one of three things: 1. the lawyers were lazy incompetents. 2. the case was not worth their time. 3. This case is not what is described in this post.
I’ve been on Jury duty during two long and complicated trials. The most important take-away from both of those experiences was that you NEVER make up your mind until you have heard both sides make their case.
This one is one sided. That makes it an interesting read but, then, so is a lot of fiction.
“... it’s all fun and games until one gets served with a summons to appear and blows it off.”
Yup. One thing I have learned about court is that it is a game and you have to play by the rules. I learned first hand that it is the number one secret to winning. Crossing your t’s and dotting your i’s, and doing it at the right time with the propper form of notification to the propper people is where it’s at.
And when you are the one notified properly, you had better, by God, respond properly!
Out of curiosity, CAN they set things right?
Either this is fake, or they had a law firm seriously trying to steamroll them with no regard for the consequences. Motions for summary judgment are supposed to served to the opposing party, usually weeks in advance of any court date to allow for a response time. Upon learning this a judge should just deny the motion on those grounds, maybe do something to the law firm for trying to pull one over on him. A complaint to the state bar for this might result in sanction for the firm.
Grotesgue as it seems, the story sounds entirely too plausible to me.
You must live in a state of grace, or a hermits cave if you have not experienced something similar.
These things happen, the guy did not even need to make the 30 cent error to experience something like this.
He was lucky he found a judge willing hear the facts instead of copping a “this must be BS, pay the upstanding GMAC (or Countrywide or your choice of financial institution), as they could neither err nor cheat”.
Multiply the problem by how many different people/computers are involved and you end up with total chaos.
"I'm tellin' ya, dat Trucoat's reeeely good stuff, dere, ya know, jeez"
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