(Salt Lake City, UT) – US District Chief Judge Tena Campbell recused [Recusal order] herself in the class action lawsuit against ReconTrust and Bank of America (NYSE: “BAC”), Mortgage Electronic Registration Systems (“MERS”), Countrywide Home Loans, HSBC Bank (NYSE: “HSBC”), Wells Fargo Bank (NYSE: “WFC”), U.S. Bank (NYSE: “USB”), Bank of New York/Mellon (NYSE: “BK”), KeyBank (NYSE: “KEY”) filed in Utah federal court Friday, November 5, 2010, alleging violations of the, Fair Debt Collections Practices Act, Utah Pattern of Unlawful Activity Act (FDCPA), Unlawful Foreclosures, and Intentional Infliction of Emotional Distress.
Upon Judge Campbell’s recusal from the case [Class Action Complaint], it was sent to Judge Clark Waddoups who has the Peni Cox case (No.10-00492) before his court based upon the same issues and the same defendants, ReconTrust and Bank of America. The case is also on appeal to the 10th Circuit Court in Denver, Colorado.
KCSG News learned from court records filed in the docket Thursday that Judge Waddoups recused himself December 21, 2010. [Recusal order] So, the question now we are askingh now is why did Judge Waddoups recuse himself in the class action matter and not recuse himself in the Peni Cox case pending in his court when the Cox case is based upon the same issues against the same defendants? What’s changed, other than it’s now a class action case?
Both matters filed in Utah District federal court by attorneys E. Craig Smay and John Christian Barlow allege that ReconTrust has violated the FDCPA by proceeding with non-judicial foreclosure sales. The complaint states that ReconTrust lacks the power of sale and therefore, its actions are within the definition of debt collection. ReconTrust has used the mail, internet, and other instrumentalities of interstate commerce in its attempt to collect the debt, the complaint says that ReconTrust has engaged in this pattern of activity repeatedly over the course of many years, and as a result of this activity, each foreclosure is wrongful. The complaint says the intentional and unlawful activity of ReconTrust has caused widespread loss of property and intentional infliction of emotional distress.
Barlow told KCSG News in November he “hoped that homeowners and government officials could work together to see that illegitimate corporations such as ReconTrust are not allowed to trample on the well crafted laws of the State of Utah.”
Read more: KCSG Television – ReconTrust Bank of America Class Action Case Moves to Judge Dale Kimball s Court
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How can join the “Class Suit”?
How do you join this law suit against BofA, we have had nothing but problems in dealing with them. Ours goes back before they took over Country Wide and it has been one problem after and another. I am finding out it really doesn’t do any good to talk with BofA, what they do send out if the do is a slap in your face.