By Sarah Mirando  |  January 5, 2012

Category: Legal News

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GMAC Mortgage Late Fee Class Action Lawsuit

By Kimberly Mirando

 

GMAC MortgageA federal class action lawsuit claims GMAC Mortgage charges customers a bogus late fee when they request to pay off their home loans early.

Plaintiff Audrey Kessler alleges in the GMAC Mortgage class action lawsuit that “GMAC routinely adds a late payment charge to the schedule of amounts due when all GMAC mortgagers request a payoff letter to repay their note early… The Late Fee, consisting of 3% of the monthly loan payment due, was unlawfully included in each and every home mortgage loan paid off during the Class Period.”

The class action lawsuit says these late fees are “improper and unlawful” because the payoffs to GMAC “were in fact timely made.”

The GMAC Mortgage class action lawsuit is brought on behalf of all GMAC mortgagers who were assessed the Late Fee when paying off their GMAC-serviced home loans from December 30, 2005 through and including the present, despite their loan payment not being late.

It is asking the court the award Class Members compensatory damages and the fees and expenses they incurred, as well as an injunction permanently forbidding GMAC from committing the practices alleged in the lawsuit.

A copy of the GMAC Mortgage Late Fee Class Action Lawsuit can be read here.

The case is Audrey Kessler v. GMAC Mortgage, LLC, in the U.S. District Court, District of Massachusetts.

 

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Updated January 5th, 2012

 

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4 thoughts onGMAC Mortgage Late Fee Class Action Lawsuit

  1. Angelica Romero says:

    I had gmac in 2015.sold my home. Not sure if I’m eligible. Add if I am.

  2. deanna bilecki says:

    Is this case settled? If so, when are settlement checks going out?

    1. Top Class Actions says:

      Unfortunately, the case was dismissed in 2012.

  3. joseph hardy says:

    I have recently noticed a lot of extra fees on my mortgage, was wondering what other information you may have. I was just told by GMAC I have an additional 2,200 if fees.

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