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GMAC May Resume Foreclosures in Maine, Judge Says

A judge last week declined to issue a temporary restraining order against ""GMAC Mortgage's"":http://www.gmacmortgage.com/index.html foreclosure and eviction procedures in Maine.


This decision frees the mortgage servicer to proceed with foreclosure sales and evictions it had ""temporarily halted as part of an agreement"":http://dsnews.comarticles/gmac-mortgage-and-bank-of-america-agree-to-halt-foreclosure-sales-in-maine-2010-11-29 with Maine Attorney General Janet Mills in November.

Lawyers Andrea Bopp Stark and Tom Cox in October filed a suit against GMAC on behalf of several homeowners, and requested a temporary restraining order as a part of the class-action suit.

U.S. District Court Judge Brock Hornby denied both the restraining order and the plaintiffs' request for damages.

According to the judge, the decision to deny the restraining order is based on federal courts' lack of control over state cases. Homeowners who wish to obtain a court order to stop foreclosure sales or eviction proceedings are encouraged to approach the state courts with their complaints.

GMAC is owned by the Detroit, Michigan-based ""Ally Bank"":http://www.ally.com/.

About Author: Joy Leopold


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