Filed: Oct. 12, 2010
Latest Update: Mar. 03, 2020
Summary: GMAC Mortgage, LLC v. Jones, No. S1545-09 CnC (Toor, J., Oct. 12, 2010) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying data included in the Vermont trial court opinion database is not guaranteed.] VERMONT SUPERIOR COURT CHITTENDEN UNIT CIVIL DIVISION ¦ GMAC MORTGAGE, LLC ¦ Plaintiff ¦ ¦ v. ¦ Docket No. S1545-09 CnC ¦ CYNTHIA K. JONES, et al. ¦ Defendants ¦ ¦ ORDER This is a foreclosure case rai
Summary: GMAC Mortgage, LLC v. Jones, No. S1545-09 CnC (Toor, J., Oct. 12, 2010) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying data included in the Vermont trial court opinion database is not guaranteed.] VERMONT SUPERIOR COURT CHITTENDEN UNIT CIVIL DIVISION ¦ GMAC MORTGAGE, LLC ¦ Plaintiff ¦ ¦ v. ¦ Docket No. S1545-09 CnC ¦ CYNTHIA K. JONES, et al. ¦ Defendants ¦ ¦ ORDER This is a foreclosure case rais..
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GMAC Mortgage, LLC v. Jones, No. S1545-09 CnC (Toor, J., Oct. 12, 2010)
[The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the
accompanying data included in the Vermont trial court opinion database is not guaranteed.]
VERMONT SUPERIOR COURT
CHITTENDEN UNIT
CIVIL DIVISION
│
GMAC MORTGAGE, LLC │
Plaintiff │
│
v. │ Docket No. S1545-09 CnC
│
CYNTHIA K. JONES, et al. │
Defendants │
│
ORDER
This is a foreclosure case raising an issue that has lately been all over the news:
the massive filing of potentially false affidavits by certain lenders in foreclosure cases
across the country. A foreclosure judgment was issued based upon an affidavit of
amounts due signed by Jeffrey Stephan. Plaintiff has recently submitted an amended
affidavit of amounts due, indicating that the prior one “may not have been executed on
personal knowledge of the affiant and may not have been executed in the physical
presence of a notary public.” Letter of Joshua Lobe, Esq. dated October 4, 2010. The
new affidavit is proffered as “a corrective Affidavit, which does not have these defects.”
Id.
While the court appreciates the candor of Plaintiff’s counsel and attributes no
inappropriate conduct to him, the court is at a loss to understand how it can rely upon an
affidavit from a party that has apparently previously filed a false affidavit with the court.
The court therefore declines to rely upon the written affidavit. The court will require that
the affiant appear personally in court to testify to the accuracy of the information in the
affidavit – not by telephone, but in person, so that the court can fully judge the affiant’s
credibility. A hearing will be scheduled for that purpose. If the court is not convinced of
the reliability of the information, the judgment may be vacated.
The court strongly urges Ms. Jones to seek legal representation for the hearing, so
that all potential legal issues may be raised by both sides.
Dated at Burlington, Vermont this 12th day of October, 2010.
_____________________________
Helen M. Toor
Superior Court Judge
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