Utah | Judge Sides With Homeowners in Foreclosure Suit Since Bank of America Did Not Know Who Owns the Note

“Benson conducted a 90-minute hearing in the Geddes lawsuit in which he intently grilled both sides over various legal questions. But what seemed to sway him was the admission by attorneys for the foreclosing entities that they were not sure who actually owned the couple’s mortgage note.”


Judge Sides With Homeowners in Foreclosure Suit

U.S. District Judge Dee Benson left open a legal window Wednesday for two South Jordan residents facing the loss of their house, one of the first cracks in federal court for Utahns trying to save homes from the wave of foreclosures swamping the state.

Benson declined to grant a motion to dismiss the lawsuit brought by Michael and Dana Geddes to halt the foreclosure on their home while they try to negotiate a loan modification. That means the couple and their attorney can proceed with gathering testimony and documents to try to prove their contention that the foreclosure process to which they’re being subjected does not comply with Utah and federal laws.

By one estimate, Utah could be facing 40,000 foreclosures this year, the blowback from the financial crisis that was created by an out-of-control mortgage process where many loans were granted with greatly fluctuating interest rates or to people who normally would not qualify.

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5 Responses to “Utah | Judge Sides With Homeowners in Foreclosure Suit Since Bank of America Did Not Know Who Owns the Note”
  1. Catherine Mc Manus says:

    BOA finally admitted the TRUTH !?????! ! “NO ONE KNOWS who actually owns the MORTGAGE NOTE”.
    My Mortgage & Note have been BIFURCATED. BOA refused to accept my payments saying I was using an incorrect account number. HUH ? after 2 1/2 years trying to pay I finally understand what happened and why the Account Number changed. I’m on the Mortgage but not named on the NOTE. They required a notirized Fax of the person on the NOTE to allow me Account Access-yes even to pay them.
    It was securitized to an INVESTOR ACCOUNT with a new Account Number-they made a HUGE MISTAKE by refusing my payment.
    Yes, one lousy FOUR HUNDRED DOLLAR payment plus 200.00 late fees. I begged, tried every qualified
    Councelor-even the Mid Florida Housing Partnership HUD qualified rep with a “personal friend” at BOA
    got no where. By the time I got a pro bono Atty-i was served Lis Pendens. BOA is a boa constrictor-SNAKE

  2. more and more lies says:

    what is so crazy about this whole thing is why truth can not be let out, untill then this back and forth court cases are going to continue. it is amazing how much the truth is out there yet everything is still questiones. for one i have a wells fargo loan. they told me to stop paying to get help? so whom is liable for my foreclosure. i applied for the loan mod but they moved me out of review to make the system generate a new package for me to submit more financila paperwork. i send the paperwork on time. the “convienently” lose the package although i have a tracking number and signee. i have complained to the occ, local sneator, florida AG, and i still have not had any help. they send my info to wells fargo. helloooooo they want to foreclose on me so they can collect the millions my home is insured for, why has no one in our government caught on to this scheme. yet i live in daily feR OF Having to defend what i worked for all my life in court. i just found my credit score form 2006 time and date stamped “789” now what kind of deadbeat is that people? so this fraud continuing is only making the banks wealthier because most people do not know about this info. i try and toss it around work in a hospital because i am a nurse and no one knows. so how is the general public suppose to know? so when one can not afford a mortgage and denied a mod they walk away. we need to stop the taking of american homes and end this

  3. l vent says:

    Our homes are paid for free and clear because of the criminals and their Ponzi Scheme. They all made hundreds of trillions using all of us in their mortgage fraud Ponzi Scheme scam. Time for Fannie and Freddie and all of their evil minions to run, not walk away. I have Allonges to notes that have fictitous bank v.ps and asst. bank v.p.’s signatures.

    • Catherine Mc Manus says:

      what about all the Insurance $$$$ they have stolen from FEMA and the pitiful people that lost their homes damaged by Floods, hurricanes, tornadoes, etc.
      There is a foreclosed (3 years) house next door to me. The servicer got the $85,000. check for flood damage. Today it stil sits empty, molding & rotting as I type. I called County Code Enforcement and told them there were several sheriff reports of vandalism-Sheriff gave me permission to Post No Tresspassing signs. County told me “lady stop mowing the lawn and you are trespassing”, “we have our ways to contact the bank & take care of the problems”. This Deed has never been transferred from the former owners name. There was a COURT SALE date that got cancelled-NO BIDDERS. One prospective bidder was an Attorney-after I told him about the Flood & FEMA Claim he withdrew stating there was “NO DISCLOSURE” of Flooding or Insurance Credits or Claims on the Seller Statements.
      I betcha the servicer on this loan has filed more Homeowners Insurance Claims for the stolen Heat/ AC Unit-all copper wiring-broken windows, appliances, hot water heater-there is nothing but a Health Hazzard, molded shell left. It is waterfront property-was a georgeous $350,000. property.

  4. internetasker says:

    Will appreciate folks here clarifying, correcting the following.

    1. At loan time Lender-L has potential of getting the house, or house/home if it has become one.

    2. By assignment(s) Lender-L gets paid (back) for the loan.

    3. (Presumably ?) the lender then lacks ‘standing’ to foreclose or else it is seeking to collect twice at least.

    4. If the final assignee is found it will may could – have ‘standing’ to sue on the loan?

    Sorry if asking something obvious; the above tentative list kept short to facilitate corrections.

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