GMAC Mortgage sued in illegal late fee class action

Posted on: January 18th, 2012 by Steve Larson

A class action lawsuit has been filed against GMAC Mortgage, LLC (“GMAC Mortgage” or “Defendant”) in the United States District Court for the District of Massachusetts.  The case is entitled  Audrey Kessler v. GMAC Mortgage. The complaint alleges that GMAC Mortgage routinely adds a late payment charge to the schedule of amounts due when GMAC mortgagors request a payoff letter to repay their note early (the “Late Fee”) that are allegedly improper and unlawful because the mortgage payments tendered were allegedly timely.

The GMAC Mortgage Late Fee class action lawsuit is reportedly brought on behalf of the following proposed class pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3):

All individuals who entered into a Fannie Mae/Freddie Mac Uniform Instrument and who timely paid off their mortgage obligation to GMAC from December 30, 2005 through and including the present but who were improperly assessed a Late Fee.

The GMAC Mortgage Late Fee class action lawsuit complaint asserts claims for alleged breach of contract and unjust enrichment.