John Christian Barlow, Esq. (KCSG photo) slideshow
Under intensive questioning Barlow was asked by Judge Waddoups to explain why the bank should not be excluded. Barlow said the issue is not about the federally chartered Bank of America but its subsidiary ReconTrust Company. The injunction stopping foreclosures was issued specifically to Recontrust Company, a Bank of America subsidiary, which has no office or business registration in Utah as required by state statute. The plaintiff, Peni Cox, claims her rights for remedies under Utah law were taken from her by ReconTrust Company which is operating illegally in Utah, Barlow said.
The Bank of America operating as a nationally chartered financial institution is not at dispute, he said, it’s the bank’s subsidiaries which have been foreclosing on homeowners without legal standing in Utah.
Barlow provided the court evidence of proper notice to all of the defendants in the case; Recontrust Company, N.A; Bank of America Home Loans Servicing, LP; Bank of America FSB; New Line Mortgage, a division of Republic Mortgage Home Loans and Mortgage Electronic Registration Systems, Inc.
The St. George attorney filed an amended petition to remand the case to Fifth District Court with exhibits showing proper service had been made. Amended Petition Proper notice and proper service was a fundamental issue to the bank’s motion to move the case to federal court and the emergency hearing before Judge Waddoups asking the court to dissolve the injunction, modify it to apply only to ReconTrust, or delay its effect until such time as the defendants have had an opportunity to defend against it with a properly-noticed motion.
ReconTrust Company has 903 Utah homeowners in foreclosure this month and 155 Utah homes already foreclosed, according to their website at Recontrustco.com
Judge Waddoups is expected to issue his ruling by Friday according to the federal court docket record.