If anyone has the order, please send it over…
Local judge halts ReconTrust foreclosure sales statewide
A company that auctions off foreclosed homes for Bank of America is out of business in Nevada — at least for now.
Fifth Judicial District Judge Robert Lane signed an injunction order Thursday that effectively halts all non-judicial foreclosures statewide that are being performed by ReconTrust.
The order affects at least 100 homeowners in Nye County and more than 7,000 in Clark County who are currently facing trustee sales of their foreclosed homes.
The order states that ReconTrust is operating in Nye County and the rest of the state without a business license. A check of the company’s registration with the Secretary of State’s Office shows it to be expired.
A message was left for a Texas-based team leader at ReconTrust who is in charge of Nevada trustee sales. She did not return a phone call seeking comment.
Investigators with the state’s mortgage lending division say ReconTrust is not regulated through their office. And that Bank of America, because of its status as a national bank, is also not regulated by state banking officials either.
Pahrump resident Suzanne North, whose Pro Se complaint in Lane’s courtroom sparked the injunction, says she is fighting to save her home after being “taken for a ride” by Bank of America. North’s home on Bronco Street is not just her residence, it is also her business — North runs a day care and pre-kindergarten program out of the house.
“This is my life,” she said. “This is my home. This is my business,” North said.
Continue reading here…
You can also check out…
BofA unit ordered to halt foreclosures
In the order, however, the judge said there is a “substantial likelihood that (North) will establish that ReconTrust does not have any contractual privities with respect to the contract between (North) and the other defendants regarding the promissory note and deed of trust.”
If the allegations are proven, an attorney could argue that ReconTrust improperly foreclosed on properties, Las Vegas attorney Tisha Black-Chernine said.
“It could give rise to lawsuits for wrongful foreclosure,” she said.
Full report here…
~
I think B of A is in for a world of hurt. After those Mass. supreme court rulings they are getting hit with all kinds of lawsuits claiming that they don’t even own the loans any longer and should not be foreclosing anyway. B of A sold tons of mortgages as securities to foriegn investors. The new brand of lawsuits coming out now are claiming that unless B of A can produce an original copy of the note, they can not prove owner ship of the debt.
We definitely have to support the House Bill coming out of the State of Virginia to which Dena Roudybush has done a fantastic job fighting the big banks and mortgage services to which she used to work for. Now Miss Roudybush, a practicing Attorney in State of Virginia and Maryland is now fighting for the citizens. Check out the site at: themortgagecrisisupdate.com
Virginia House Bill HB1506
For those of you in sunny CA, I just checked the California Secretary of State website, and ReconTrust is NOT LISTED. I searched under ReconTrust and Recon Trust. NOTHING. What does this mean? It means that ReconTrust is NOT QUALIFIED TO DO BUSINESS IN CALIFORNIA EITHER.
For those of you in other states, you should Google “[your state] Secretary of State.” Then do a word search for corporations and limited liability companies. Run your search the same way I did — AND share your results with us. I’D BE VERY SURPRISED IF RECONTRUST POPS UP AT ALL.
i just received 10 envelopes with my 90 day notice from Recontrust. Any advise?
My home is going up for sale today, really frustrated I have been working with BofA for over 7 months to get a loan modification and they say that everyting looks good and it is all at the underwriters still waiting for approval, yet my home goes up for sale today yet BofA representives have ask for a postponment until we here from the underwriters, my biggest frustration is that we were never even given an anwser on the loan mod so if nothing else we could at least go for a short sale. I would like to know if there are any class action suits starting up anywhere.
my home goes up for sale today and I have been working with the BofA representives deligently to get a loan modification they tell me that everyting looks good and that the underwriters have everything just waiting for an anwser from them. Yet recon trust is selling my home today BofA has ask for an postponment but have herd nothing, really frustrating, I was never even given a chance to atleast try for a short sale, doses anybody know of any class action lawsuits taking place for someting like this or a really good attorney. Thank You
Also see (below), wherein Honorable Judge Patrick Flanagan in Washoe County, Nevada, at page 4, establishes the basis for state jurisdiction vs. preemption:
http://findsenlaw.files.wordpress.com/2011/01/1236-2-logan-v-world-savings-bank.pdf
President Obama must address and speak the truth about what has caused the Foreclosuregate Crisis in our Country tonight in his State of the Union speech. The people cannot or will not be able to stand behind a President who continues to ignore and not speak about the real reasons why our Country is falling apart and the truth that it was not any fault of the people. He must place a Nationwide Moratorium on all foreclosures. The people deserve that respect from their elected officials. The people did nothing wrong and our homes are paid for by us and have been since the origination of our mortgage. The banksters charged us a nominal fee for our homes and mortgages so they could then use our paid off collateral and our names to perpertrate the biggest Ponzi Scheme in history. They created trillions in wealth this way and now the Government wants to STEAL OUR HOMES? This is also a criminal act by our own elected officials to house steal from it’s own people via FRAUDCLOSURES..
Obama Fax- 202-456-2461 AG Eric Holder -phone 202-514-2001