Bank of America Utah Foreclosures – Judge Clark Waddoups to Rehear Federal Jurisdiction Dispute TODAY

Remember the Bank of America ReconTrust injunction in Utah?

LINK – Bombshell – Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing; MERS et al


LINK – UPDATE UTAH FORECLOSURES – Federal vs State Rules Governing Bank of Americas Case to be Argued Before Federal Judge Clark Waddoups Thursday


LINK – POW!!! Barlow Appeared to Hold His Own Against the Legal Team of Bank of America – Utah Foreclosures Remain on Hold Pending Judge’s Decision


LINK – Recontrust / Bank of America Foreclosure Injunction Dissolved by Federal Judge


LINK – Notice of Appeal Filed – Stay of Court Order to Vacate Injunction Stopping Bank of America Foreclosures in Utah Requested


LINK – Bank of America Utah Foreclosures – New Filing May Persuade Judge Waddoups to Set Aside Restraining Order

Well there is a hearing on the dispute today…


Judge Clark Waddoups to Rehear Federal Jurisdiction Dispute


(Salt Lake City, UT) – The case of Peni Cox vs. Bank of America’s ReconTrust Company will be reheard in Utah District Court by Judge Clark Waddoups Tuesday, August 31, 2010 at 8:30 am. The central issue is preemption of Utah law which previously arose in the analysis of the court’s jurisdiction, according to attorneys John Christian Barlow and E. Craig Smay. Barlow and Smay contend the court relied upon the wrong statute, producing an erroneous conclusion of preemption. The Plaintiff’s attorneys have asked the court to correct its finding and remand the matter to state court.

The Defendants have asked the court to dismiss the action alleging the Plaintiff, Peni Cox of St. George, Utah, lacked a cause of action under Utah Code §16-10a-1501 and 57-1-21, which are the statutes that allow foreclosure of real property. The Plaintiff does not dispute whether ReconTrust, which is the entity Bank of America uses to foreclose on homes, is permitted to serve as a trustee in Utah, said Barlow. “We do contend the company is still required to register and have offices in the state along with its competitor state banks, and only after it becomes a recognized title insurance company then will it be allowed to foreclose non-judicially…

I’ll keep ya posted on what happens…

5 Responses to “Bank of America Utah Foreclosures – Judge Clark Waddoups to Rehear Federal Jurisdiction Dispute TODAY”
  1. dee says:

    I really believe I have been screwed by Bank of
    American on our first and second mortgage. who can I contact in New Jersey for help? I am so overwhelmed, I dont’ know where to start.

  2. J Glenn Lowe says:


    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 –

  3. Timothy True says:

    We hired 1st American Law in Oceanside, California to get us a loan modification. We paid 1000 usd to get a loan mod. but here we are 9mths. later and we have been Foreclosed on. Now what we dont have the money to fight it so we are sol. Our mortgage was written by Countrywide Home Loans, and was sold to B.O.A.

    • Jim in PA says:

      Were you behind on payments? if so how many months? I too had my loan written by CWHL and it was sold to BOA

      • Timothy True says:

        Yes, But we were told by 1st american law not to make any more Mortgage payments because they would be forgiven when the modification and new mortgage were written!!!

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