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

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

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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

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

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

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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…

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Judge Clark Waddoups to Rehear Federal Jurisdiction Dispute

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(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…
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4closureFraud.org