“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 email@example.com