Dutcher, Ferguson, Ahlers v. Recontrust, BAC, Bank of America | New Lawsuit Alledges Thousands of ILLEGAL Utah Foreclosures


Lawyers for Bank of America and ReconTrust sued in a New Class Action Lawsuit One Month After Utah Attorney General Warned of Legal Action.

The Salt Lake City-based law firm Mumford West & Snow, LLC , today announced the filing of a class action lawsuit against the lawyers for Bank of America and its wholly own subsidiary ReconTrust, N.A. for conducting thousands of unauthorized foreclosures in the state. The lawsuit, filed in Utah’s Third Judicial District, is the latest development in an intense, ongoing legal battle in a state where the Utah legislature has recently enacted new civil penalties to assist aggrieved homeowners fighting illegal foreclosures and Utah’s Attorney General, Mark Shurtleff, publicly announced that ReconTrust was not in compliance with Utah law.

Lead counsel Marcus R. Mumford explained, “These parties have demonstrated a long standing pattern of illegal activity in taking thousands of homes from Utah homeowners in unauthorized foreclosures. They continue to kick people out of their homes claiming that they are not required to follow Utah law. We intend to put a stop to that.”

The lawsuit, now before Utah Third District Judge Andrew H. Stone, is the first class action suit filed after the recently enacted changes to Utah law. Attorney Tyson B. Snow explains, “We recently met with the Utah Attorney General’s office on this issue and it is our understanding that one of the purposes of the new law is to encourage this very type of lawsuit.” Mumford West & Snow attorneys also intend to seek a statewide restraining order and a preliminary injunction prohibiting the named defendants from conducting any additional foreclosure sales within the state.

Utah’s new law awards $2,000 or actual damages, whichever is greater, and attorney’s fees to homeowners who have been subject to an unauthorized foreclosure conducted by “unauthorized persons.” In the past month, ReconTrust has foreclosed on approximately 200 properties and currently has more than 800 foreclosure sales scheduled in the coming months. The newly filed lawsuit alleges that lawyers for Bank of America and ReconTrust violate Utah law each time they conduct these foreclosure sales. Utah homeowners who have been foreclosed on by ReconTrust or who may currently be facing a wrongful foreclosure can contact Mumford West & Snow through the firms website at http://www.mumfordwest.com


Mumford West & Snow (www.mumfordwest.com) is a Salt Lake City based firm that specializes in representing entrepreneurs, businessmen, executives and individual clients, in Utah and around the country, in complex civil and criminal litigation. The firm handles both defense work and plaintiff’s litigation for clients ranging from individuals and small enterprises to major corporations.

Mumford West & Snow has been called “one of Salt Lake City’s leading new firms in high-profile litigation.”


If you’d like more information about this release, or to schedule an interview with an attorney at Mumford West & Snow, please call 801-599-0020 or email contact@mumfordwest.com.




BofA Class Action – Dutcher, Ferguson, Ahlers v. Rec on Trust, BAC, Bank of America

Utah AG Letter to BofA

Mumford West Press Release Rec on Trust 07-05-2011

17 Responses to “Dutcher, Ferguson, Ahlers v. Recontrust, BAC, Bank of America | New Lawsuit Alledges Thousands of ILLEGAL Utah Foreclosures”
  1. Ron Moss says:

    Constitutional provision to coin money and regulate the value thereof may set up a different set of problems but the threat that we can fire them would be better than we have now. now they can steal us blind. Back in 1935 the Supreme Court ruled that Congress cannot abdicate it’s duty. And its duty is to coin money and regulate the value thereof. Why should we pay interest to anyone? When Ronald Reagan set up Peter Grace to report the “Grace Commission” It found that not one cent of income the IRS collected was spent for government needs, but it was all needed for interest on the national debt. Why? When there should not be one?

  2. Rita Cheche says:

    I am the plaintiff suing Wachovia for lying, cheating, and stealing from me, everything is with MERS, “ASSIGNMENTS OF SUBSTITUTE TRUSTEES’ etc. (call me 757-427-0075 Rita)
    I have 2 fraud/predatory loans from them, Oct. 24, 2005 World Savings Bank / Wachovia and Nov. 21, 2006 Peoples Choice Home Loan / Specialized Loan Servicing L.L.C. / Wachovia / Wells Fargo. In the United States District Court for the Eastern District of Virginia, Norfolk Division. RITA CHECHE Plaintiff, v. WITTSTAT TITLE & ESCROW COMPANY, LLC, WACHOVIA BANK NATION ASSOCIATION AND SPECIALIZED LOAN SERVICING, LLC, Defendants. TRIAL DATE: OCT. 18, 2011.
    NO ONE IS GETTING TREATED FAIRLY, AND I KNOW, WITH YOUR HELP, WE CAN CHANGE THIS. Or, anyone can help me, please give them my information, Rita Cheche, 757-427-0075. I have an email, rcheche1@cox.net but I am getting hundreds of emails of people in mortgage trouble, needing help, SO PLEASE CALL ME DIRECTLY. I need to get my story & evidence in the public eye! And be in the public eye to make it harder for the court system to continue to violate my rights. I’m not great on the computer, not having the right tools for the job! BUT I AM THE FAXING QUEEN! If you would like to see proof of any docs.
    I have evidence of every entity & actors’ violations of the law and my rights, example of just one of hundreds of my original documents:
    VICE PRESIDENT OF WACHOVIA, JUDY WILLS, FORGED AN IMPORTANT DOCUMENT FROM MY FRAUD MORTGAGE CLOSING, SHE SIGNED MY NAME INCORRECTLY, AND DATED IT 3 YEARS AFTER THE CLOSING DATE, PLUS IT’S DATED 6 MONTHS INTO THE FUTURE (closing 11/21/05, date of package to O.T.S. 03/25/08, date on document 09/23/08). V.P. of Wachovia sent her version of my closing package TO THE OFFICE OF THE THRIFT SUPERVISION, Dept. of Treasury, answering my complaint to the Attorney General of TX, Greg Abbott. I have contacted approx. 15 agencies, having the correspondences, including the secret service and the F.B.I. and getting NOTHING BUT SCREWED.
    PLEASE COME TO Virginia Beach, VA to document my plight, before they silence me. My case is a Precedence Setting Case, and will help hundreds of thousands, with your help!
    They have stolen over 2.3 million in assets alone. Losing my commercial floor contracting business, I started in 1986, installing floors and wallpaper. Forced to liquidate and/or lost my 9 unit apartment building I provided to the Section 8 Program, a duplex on Chesapeake Bay, I bought to help a lifetime friend who is a quadriplegic, a single family rental home, my son’s education, and my retirement.
    My attorney (working for Wachovia) is continuing to bend me over, holding me for WACHOVIA! I have searched for the last 6 yrs. for representation, hiring mine 2 years ago, and in that time I’ve had about 15 mins. Face to face, the first & only appt. She said, for a cost of thousands, up front, she would do everything I asked, get my 2.3 million back, my home, my livelihood, what I would have made with my business, real estate properties, assets, investments, $100k, 25 yr. equity credit line from my rental, they illegally closed, & my excellent credit (they ruined my credit within 48 hours of 1st fraud closing, Oct. 24, 2005 dropping approx. 200 points to 513). Plus, I wanted several million dollars for ruining my family & my life! I wanted all of them to pay until it crushed them, legally doing to them what they illegally did and are continuing to do to me!
    I was retiring, when they ripped off my world. I have done nothing but fight back, every waking moment since Oct. 24, 2005. I will fight till I win what is rightfully mine, and then, with the money I win, I will help homeowners get their worlds back! My attorney pulled out the 3-day Cancellation Notice I signed, faxed, mailed & confirmed received, saying “we can start with this”, and then we can file motions and such, after looking over only a couple of pages of my presentation, I set up at 1st & only appt.
    I had 2 hrs. to wait for her, an empty conference room, & 6 files boxes of documents to show her. She said she would be in touch to go over everything else, after I deposited the money into her account.
    I personally, with my money & labor had taken an old 1300 sf. farm house built in 1890’s having a “Purchase Money Mortgage” of $235K, 06/30/04 no additional loans, my boyfriend built with my money & help, I alone paid for everything, building a 4,000 sf. 2-story Custom home appraised 03/06, for $796,500.00, the bank, with 2 fraud mortgages stole every cent of equity, & a year after my court case, I put against them they fraudulent foreclosure, everything is with MERS, “ASSIGNMENTS OF SUBSTITUTE TRUSTEES’ etc.
    but there are no attorneys who specialize in mortgage fraud (not even the ones that advertise, like my attorney). Up until a few months ago, they acted like I was a “crazy lady”, who was trying to get something for nothing from the “Great Gods”, I mean, the banks, brokers, title companies, insurance cos., credit bureaus. I’ve corresponded with at least a hundred. Locally, in Virginia, owned and operated by Wachovia / Wells Fargo Bank, they want to bankrupt you or do a bogus modification, not go up against the “Almighty Bank, WACHOVIA”, and the out-of-state attorneys, Demet, etc. that have succeeded against the banks for homeowner’s tell me they “are licensed in 34 states but not licensed in VA”. Virginia is a “Commonwealth” run by the CBN, and Wachovia/Wells Fargo, also, a NON-JUDICIAL STATE, this bunch of “Good ol’ Boys” stick together & change the “rules” to sue themselves, just like our government.
    If you know a lawyer or advocate or anyone who can help, before my lawyer and the court shut down all my options,
    PLEASE CALL ME, Rita Cheche (757) 427-0075.

  3. lillebit says:

    They need to do this is Washington State too- Recontrust IS NOT EVEN LICENSED TO TO BUSINESS HERE! They Atty Gen is doing NOTHING about it. I met with their office and told them this myself. They don’t have a physical adress here either, and they have to by law.

  4. Jeanette Ambrose says:

    1vent don’t forget,the answer to 1984 is 1776…fortunately we have a peaceful lawful instrument so we don’t need the other method:)

    • lvent says:

      Someone said people only get the Government they deserve. Alot of us were drinking their Kool-aid and living lies.We really trusted the politicians were doing the peoples work but now we come to find out they mostly were not. At least we still have a Constitution and a Bill of Rights. Though they have tried to weaken it severely we still have time to put America back on the right track. Thank God there is an American side to all of this and a truth movement or we would have been doomed.

      • lvent says:

        Saw a news report on my local news yesterday that was to say the least ,very disturbing. Seems Chicago is hosting the G-8 summit next spring and NATO is going to help with crowd control. So the New World Order is meeting here in my hometown and the foreign military is assissting the cops with crowd control. DESPICABLE. Thanks to Obama the traitor for signing EX order 12425 on 1-11-10 which allows the military to join the police against the people. Obama has fundamentally altered our Constitutional Rights. That signing which overrides Congress, was all done very secretly I might add. Not so coincidentally, J.F.K. signed Executive Order 11110 on November 12, 1963, 10 days before his assassination. which called for the issuance of 4,292,893,815 in U.S NOTES through the Treasury rather than the Federal Reserve System. That same day, Kennedy signed a bill changing the backing of 1 & 2 dollar bills from silver to gold, adding strength to the weakened U.S Currency.

  5. Jeanette Ambrose says:

    “We can take’em.”~ what’s his name -from The Lord of the Rings…the Dwarf..Gimley?

  6. Jeanette Ambrose says:

    Go “little people” go!

  7. Melanie Thomas says:

    I’m so HAPPY to hear that something is being done in our state!!! The Judge ruled in our favor today against BOA, WE GET TO STAY IN OUR HOME!!! KEEP FIGHTING PEOPLE!!! LET’S BRING ALL THE BANKS TO THERE KNEES!!! THEY GAVE US FRAUDULENT HOME LOANS, NOW THERE STEALING OUR HOMES!!!! IT’S TIME FOR THIS TO STOP!!!

  8. talktotennessee says:

    As long as Republicans hold enough power to circumvent protection of the individual, we will have little ore no justice for the man on the street. It is remarkable that Utah even has a law protecting homeowners. In states like Tennessee our state Republican legislature, which holds a majority, are busy destroying unions, bargaining rights, and legal access of individuals. In an opportunistic bonanza in direct conflict with best interests of their own constituents, favoring big business, banking, corporate capitalism, Wall Street, the GOP is destroying the middle class. Until we, the people take control of these entities by electing candidates who support our rights, it will be difficult or impossible to see equitable treatment in the the courts or state and federal legislatures.

  9. lvent says:

    If the U.S. Government won’t stop the illegal foreclosures, the people must. The American people will not forget these politicians who allowed this tyranny to steal what they do not own from the American people. The politicians allowed the PONZI SCHEMERS TO ROB AMERICA AND PAY FOR OUR OWN ROBBERY VIA THE ILLEGAL BAILOUTS, FEDERAL RESERVE CLASS WARFARE, THE NATIONAL DEBT AND FRAUDCLOSURES. AMERICA IS NOT NAZI GERMANY, WE DO HAVE RIGHTS AND LAWS THAT PROTECT WE THE PEOPLE FROM A TREASONIST GOVERNMENT THAT IS OPPRESSING ITS OWN PEOPLE.

    • Jeanette Ambrose says:

      Ivent is right…we HAVE been paying IT to rob ourselves
      via treason&tyranny.
      Politically corrected citizenry have little clue what will happen next if we don’t stand them down.

      History repeating,live…
      That Constitution isn’t there to protect the government from the people,it is there to protect the people from a tyrannical usurper..foreign or worse,domestic.

      Same hands faction,Mr. Madison&Jefferson..same hands faction…
      B.A.R. none?
      With due respect to the real Lawyers..who”speak the law” …
      how can anyone,Lawyer,Officer of the Peace,Jury,Sheriff, protect Property and/or unalienable Rights if they do not even know what they are?and why we have the Law on the side of the people and not our SERVANT government????????

      They can’t.

      Capstone Clause…people need to recall thier history.

      • lvent says:

        They don’t want to just own everything, they want to own everyone. TOTALITARIANISM. Just like what George Orwell wrote about in his book 1984. They want a one world fascist communist dictatorship Government with a one world leader, a one world paperless currency with a microchipped society. Max Keiser put it well, these tyrants want everyone working as debt slaves on their WALL STREET SLAVE PLANTATION. Max Keiser also said if the social contract is broken, the people must revolt. We can’t let them get away with stealing our freedom and our National Sovereignty.

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