Barclays' View On The GMAC Scandal Underscores The Perceived Fall-Out Severity In Judicial States

Barclays' View On The GMAC Scandal Underscores The Perceived Fall-Out Severity In Judicial States

Submitted by Tyler Durden on 09/20/2010 23:41 -0500

From Barclays' Jasraj Vaidya, who states: "At this stage, we are unable to ascertain what that exact issue might be. What is certain is that foreclosure timelines in those states for GMAC loans will be extend further, potentially adversely affecting their eventual severity" which echoes verbatim what Zero Hedge suggested a week ago on the Florida Judge news: "The implications for the REO and foreclosures track for banks could be dire as a result of this ruling, as this could severely impact the ongoing attempt by banks to hide as much excess inventory in their books in the quietest way possible." Jasraj also notes: "Using publicly available data from HUD and RealtyTrac, we have created a list of judicial foreclosure states. These are states where judicial foreclosures are most common and in which the lender has to appear before a judge and obtain a court order before initiating foreclosure proceedings against the delinquent borrower. Such states tend to have much longer foreclosure timelines than non-judicial states. What is striking about the list of states in the GMAC announcement is that all but one (North Carolina) are judicial states. Also, all judicial states in the country but one (Delaware) are in the GMAC list. This would hint at some potential issues with judicial states that is driving the GMAC directive." In the meantime, class actions lawyers across the country will not be sleeping for days.

Full Barclays report:

It was reported on Bloomberg today that GMAC has sent a memo to all brokers suspending all foreclosure activity against delinquent borrowers in 23 states. Further action has also been frozen on all properties for which foreclosure has already been implemented. Any buyers of those properties face an extension of the closing date by 30 days and have the option to cancel the agreement to purchase.

Read that again.

Full Barclays report:

It was reported on Bloomberg today that GMAC has sent a memo to all brokers suspending all foreclosure activity against delinquent borrowers in 23 states. Further action has also been frozen on all properties for which foreclosure has already been implemented. Any buyers of those properties face an extension of the closing date by 30 days and have the option to cancel the agreement to purchase.

Now, read the earlier post on GMAC:

GMAC's Full Letter To Agents... Something Does Not Add Up

Zero Hedge has obtained the GMAC Letter referred to earlier by Bloomberg, and contrary to subsequent reports by the bailed out lender that this is merely a procedural adjustment, something does not add up. To wit, note statements such as:

Do not proceed with evictions, cash for keys transactions, or lockouts. All files should be placed on hold, regardless of occupant type.

Do not proceed with REO sale closings. GMAC Mortgage will communicate instructions to the assigned agent regarding the management of the properties in Pending status. If the contract has already been executed by both parties, the Asset Manager will request an amendment to extend the closing date by 30 days or as otherwise designated by the Asset Manager. Please provide appropriate notice to the REO purchaser that, pursuant to Section 1 of the GMAC Mortgage Addendum to Standard Purchase Contract, GMAC Mortgage is exercising its sole discretion to extend the Expiration Date of the Agreement by 30 days at this time. If the REO purchaser wishes to cancel the contract, GMAC Mortgage will terminate the Agreement and return the earnest money deposit.

The Banksters are quite scared and for those facing possible foreclosure, read carefully and do your own research- hard research.

No, I am not encouraging anyone to be a deadbeat, I am pointing out that you may have been screwed- again.

WP