Recontrust / Bank of America Foreclosure Injunction Dissolved by Federal Judge

Clark Waddoups (AP photo)
utdecf_waddoups@utd.uscourts.gov
Clark Waddoups (AP photo)(Salt Lake City, UT) – Federal Judge Clark Waddoups issued the following court order just before noon Friday.

“The court held a hearing on this matter on June 10, 2010. For the reasons to be explained

in a memorandum decision that the court shall file shortly, the court ORDERS as follows:

Plaintiff’s motions to remand are DENIED;

Plaintiff’s motion to amend the complaint is GRANTED;

Defendants’ motion to vacate the Utah state court’s preliminary injunction order is GRANTED;

Defendants’ motion to expedite the hearing is moot; and consideration of Plaintiff’s motion for partial summary judgment is deferred.

The preliminary injunction of May 22, 2010 issued by the Utah state court is hereby DISSOLVED in its entirety.”

John Christian Barlow, attorney for the plaintiff, Peni Cox likely is surprised by the court ruling that allows Utah law to be trumped by a nationally charter financial institution that can continue to operate faceless its subsidaries in Utah without registration or offices.

As one state lawmaker told KCSG news, this will only serve to get state lawmakers energized to put an end to homeowners (taxpayers) being victimized by mortgage lenders like the Bank of America who acquired Countrywide Home Loans in a stock deal worth billions and took TARP bailout money, too. he said. Barlow’s arguments fell on deaf ears in federal court allowing ReconTrust Company to continue their foreclosures.

Homeowners continue to seek redress through the courts without success against lenders that have bundled the homeowner promissory note with others and sold them as securities through Mortgage Electronic Registration Systems (MERS). www.mersinc.org

Attorney Barlow was traveling and unavailable for comment to KCSG News as was the plaintiff Peni Cox.

Judge Clark Waddoups can be reached by email at utdecf_waddoups@utd.uscourts.gov

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Comments
10 Responses to “Recontrust / Bank of America Foreclosure Injunction Dissolved by Federal Judge”
  1. Yvonne S Ewins Hammon says:

    Update 10 23 2013 to Yvonne S Ewins Hammon
    I only wish to thank what ever judge helped and I be leave more then one. in 8 years of the banks trying to take the property the records shows all is now canceled but other offices of B of A keep trying even though they have now now teeth the judge pulled them,.my home is safe but at what price??? my husband died in 2011 90% stress. now it is only me and the kids. and I have AAA an arty problem due to the stress so now I only pray I can last long enough to pass it down to the kids.with help of my son maybe. for they will need it
    more then I But again THANK YOU TO THE COURTS AND THE JUDGE FOR HELPING TO SAVE MY HOME GOOD BLESS YOU ..ALL

    • Update even though canceled and fraud bank still trys to collect even when they stoped and recored all in2013 sold fraud in a package of frauds to a company called. SPS collection agent put a cloud on title so it cant be sold foot note,,, to all it is. Clear and im still here.with my kids I can transfer it to any one I will chose the foundashion I started. As original home sight of. Larry E Hammon-Ewins Foundation. When my husband died in 2011 I started to try to save the endangered from extinction Bee are honey bee.II have been able to do just that they are safe now inside a greenhouse safe from the cannibals
      the African Bees they don’t like people they don’t like cat will kill all Iin 10 stings each 3 times the venom. As a honey bee. They live on killing her and when caught. They kill each other never leaving a trace because they fly away with the dead what they can’t fly way with the eat until her down to one and that one flies away to die alone I learned this first hand are honey bees endangered I started the foundation it is a non-profit anyone who wishes to donate to it they can also take it off your income tax as a donation it is legal nonprofit registered with the state of California anyone who wishes to donate if they don’t believe me they can go into any USA bank tell them they want to donate to Larry E Hammon-Ewins Foundation please keep your receipt, as Iit is tax deductible on your income tax when you file.so all will know but this is dedicated to saving the honeybee if possible a radiation and extinction of the Africanized bee that B needs to be killed before it kills our honey bee populations throughout the United States and the world Foundation is dedicated to pollination it will be free to all the apply to the foundation located 1326 Edgar Avenue Beaumont California zip code 92223 where the honeybee is being saved right now it is contained in a greenhouse 10×22 feet and loves it…. looking at moving soon running fastly out of room I don’t think anyone’s going to pay too much attention to this, due to you can still buy food ,all those prices are going up,our supplies get shorter farmers are crying 4 more bees, they should stop spraying their crops when the bees are present all it does is kill them ,this foundation will have to hire a bee keepers and motorhomes and this is my idea that it does stablished in 2011 I’ve been trying t need to go to put a hundred hives in the bottom belly the motorhome 45 feet in length to go round the United States strictly for pollination to arrange with a the area to be visited I had a time for the motorhome to pull in to the Grove and park the bees would be released at 5 a.m. A beekeeper would be there with them at all times or his family probably he gets bored this is my goal to have a fleet of these motorhomes containing 100 hives each for free pollination to all the growers through the foundation and to help the food supply out this will reliant totally on donations from the people, growers in order to get this done without it
      as of now they will stay to the property and only my own trees will get pollinated and a few of my neighbors maybe as they like their home safe from the Africans for now healthier bees you’ve never seen,no viruses no bugs no mites no problems it will be accustomed to a motorhome has their home , foundations goal ,to eventually repopulate the honeybee in the wild as it was 50 years and more ago to make food cheaper for people to buy growers had that had to pay as much as 200.00 per hive for the purpose of pollination this is returned in the market and higher prices they have to get it back I understand this people have to understand bees are our life without them we’re dead anyone who is Reads this if you have bees put them inside greenhouse three quarters clear so they can see the sky how’s louvered vents top sides so they can go out your bees will be safe,don’t get frustrated if they get a little unhappy at first it will change they will protect their home from all invaders
      and they might suffer a little wing damage at first if they’re used to the outside but believe me I’ve had in a greenhouse for years now it works ,but the sides must be clear you have to check them regularly make sure they don’t need anything I use a hummingbird feeder to feed them beside feeders on boxes feed back their own honey from other boxes in the winter a new hive, I will share a honey full frame from a nabor, so they will not starve this keeps them happy and soon they’re making more bees this is why I do this to prevent their extinction please follow my example if you had these I have learned so much about the African and is treacherous ways are these are not safe anymore anyone who is not familiar with this please watch amazon.com: vanishing of the bees. this is a documentary all should watch tell your friends tell your neighbors tell everyone these are in danger if you don’t save them then we’re extinct god bless you Thanks and pray for the foundation to work sincerely Coe president of the Larry E Hammon-Ewins Foundation.
      P.S. it would be nice,to know that someone else cares about the bees And wants to help
      to save them from extinction for when they go we will be next in about 9 years when we run out of all our resources when the president gives up is hord for the officersof Congress and the United States government stash food for their use in time of need like all presidents have done it’s just a precaution to make sure our founding fathers are safe but that will not stop our children from starving slaughtering the herds for too high prices on feed no one wants to keep for sale of skinny cow a skinny goat a skinny chicken so they kill them they go to market we eat them, prices to go up to keep them down we have to save the Bee. I encourage any questions on this do you want to call me you can 951 733 1465 please no kooks this is our food very important to all in the world my Foundation also will try to supply the world with bees in time we will not be able to stop some of the starvation from starvation that will occurand that is now occurring throughout the world I’m too small of a beekeeper right now to do the world some good hoping to get great big by the millions and billions in bees thank you……..other websites .org dot net dot com. Foundation few others . this foundation is also hope to PayPal to the bank US bank to get the word out any way I can I how to save for a while to get a Web Builder I don’t know how I had to correct with my tablet is saying if I catch it so I hope you can understand this I’m a new foundation there’s not a lot of information yet I try to get it out anyway I can thank you again

  2. J Glenn Lowe says:

    EVERYONE TELL OBAMA TO CRASH THE BIG BANKS NOW!

    The Fed and their complicit banks must be abolished to save the Republic!

    It’s the only thing we can do. CRASH THE BIG BANKS NOW “Too Big Too Fail” apparently means “Too Big To Succeed” and “Too Big for their own Wallets”

    The sooner the better. Why don’t we ask a 3rd grade math student what he thinks? The real problem is that a politician who could do something about it has his own mathematical challenges about healthy economies. “Bite the hand that feeds him” (by indicting Banksters), or make millions putting children in the streets for power and profit.

    Apparently ALL politicians are going to make the same choice over and over again. They have always sold the souls of your children and their future and they always will. Take the big Banksters out of the picture. Build a local banking system that cares about its community and helps it thrive instead of sucking the life out of it by bribing and fixing the entire system for itself, taking us all of a cliff with it.

    Crash all the big banks now. Create new local Banks only = No more Wall Street Banksters.

    Problem Solved!

    J Glenn Lowe

    Die Banker Die – A Tribute to the Wall Street Banksters that suck the life from all of us and our economy just to get a nice Christmas Bonus – http://www.youtube.com/watch?v=YGFZ1Jj3ui8

  3. debi J says:

    Why are our courts accepting this nonsense? Because it easier? Or Faster? . The bank may not even own your note and may not have legal standing to foreclose. Everyone should get a viable forensic audit to verify who owns it and has the right to foreclose. This will not only enhance your bargaining power, for a modification, but may show the bank has no legal standing to torture u any more. Call me-or check out-
    http://www.mfi-miami.com
    561-389-9339. Hopefully we can help u w/this vulger attack upon the american people and our high courts!! Good luck, dont give up the fight okay!! Debi J -Boynton Bch FL

  4. Bank of America frauds/ countrywide home loans

    I have a Grant Deed to my home a homestead Declaration/and befour that a Substitution of trustee and a full
    Recononveyance also and they are going to sell my home out from under me. first posted forsale on 28 july now is extended to the 11 of August 2010 but they have forcesed on me with a Grant Deed forcesed to get a attorney ans they runed my credit and my hubands to so. no loan can be gotton , the attorney is brakeing up fees to $ 2,500.00 in august and same in
    September then it will go to 1,200.00 a month fee till 3,11 2011 at least i will still have my home, but to be able to do that will leave us with nothing to live on so will be serlling off any thing i can to pay the bills
    , what i do know, their is no grantee on the recording so the money would haft to come to me at 40 cents on the dollar! if a grant deed can be attacked , by the BofA and recon trust of semi valley california . why own a home

    the banks own it.any way. every one should get toghter , if you know of any class action suits agenst them I’m in. will be real hard for the the next two months but with out a attorney they would win I would bet.
    due to now they do not haft to give you a chance in court at all. to say your defence or to stop them .
    they run a add / post your property of date of sale and your done , unless you seek a attorney weather you can aford one or not I have had my home 47 years now it was my parents be me, I only pray I can save it from the
    money grubing banks / if we live on bean or what ever i will fight . yvonne hammon

  5. Storm says:

    The attorney who filed this nonsense attended a seminar I gave this past weekend, he knows better now!

  6. Dave Wellington says:

    This issue raises some interesting questions since it is NOT the lender/owner of the mortgage doing any foreclosure, but instead is a mortgage servicing company, a company that does NOT own the mortgage. Utah law [48-2c-1602(h)] only excludes from the registration requirement those who are “securing or collecting debts IN ITS OWN BEHALF or enforcing mortgages or security interests in property securing those debts” (emphasis added). The first part of this is pretty clear that one must be acting ‘in its own behalf’ (i.e. be the owner of the mortgage). The latter part is not so clear. In either case, the focus needs to be on who is doing what, and what actual relationship they have with the mortgage note/deed of trust. (Many notes simply don’t exist, or were separated from the deed of trust). The issue of state registration is interesting, but I think clouds the more fundamental issues: note ownership (not just possession), and whether the note and trust deed have been separated, making either one nearly worthless on its own as a basis for foreclosure.

  7. Many state courts agree that where a party seeks to foreclose a mortgage on property situated within the state, the part is not required to register as a business transacting business within the state. Similarly, mere ownership of a mortgage, whether converted into a security or not, also does not constitute doing business in the state. The inference I make from what is known so far is that the state does not have jurisdiction over a Federally chartered institution which holds mortgages secured by properties located in the state. Does this not mean, at the same time, that there is federal jurisdiction over the federally chartered bank that can still be sued for wrongful foreclosure in Federal Court?

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