The Market Ticker – Utah Has Had Enough: BofA / CFC Foreclosures
It appears that Utah has had enough:
ReconTrust Co. isn’t meeting requirements for carrying out foreclosures in the state, Utah Attorney General Mark Shurtleff said in a letter to Bank of America Chief Executive Officer Brian Moynihan. The letter, dated May 19, was released today by Shurtleff’s office.
“All real estate foreclosures conducted by ReconTrust in the state of Utah are not in compliance with Utah’s statutes, and are hence illegal,” Shurtleff wrote.
If you remember I wrote on this recently, on 3/12:
To the State of Utah: Where are your balls?
I want to know if you can find them with both hands and a flashlight, or if you’re going to knob-job Bank of America and screw your citizens while making a lot of worthless noise.
The time to rattle sabers is over. Start revoking foreign corporate registrations (necessary to do business in a given state) and bringing indictments.
~
4closureFraud.org
~
I have gone to the Attorney General with a criminal complaint with clear evidence of false and forged documents entered into the Maricopa County Recorders office, I have also reported it to the Courts when I discovered there were 3 Banks making false claims. I had a forensics examination done and entered it with other evidence of fraud that are being found to this day. The SOS has suspended 2 Notaries in connection with my Documents for not upholding their office. I entered Bankruptcy Court in March 2010, I made a simple request that I turn my home of 16 years over to the proper party. This is what I had sent and explains why I requested it.
Federal Circuit Courts have ruled that the only way to prove the perfection of any security [including original promissory note] is by actual possession of the security. Current or prior possession must be proved up.
That a certain balance is due and owing on the note.
It is the note holder’s duty and responsibility to validate the claims being made on the note and the amount owed.
Foreclosure by State.
The Lender Must prove Existence of the Original Note.
To recover on a original promissory note, the plaintiff must prove:
(1) the existence of the original note in question;
(2) that the party sued signed the original note;
(3) that the plaintiff is the owner or holder of the original note; and
(4) that a certain balance is due and owing on the original note See In Re: SMS Financial LLC v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals).
Be it also known that normal actions in the matters of transfer and sale of property handled by any trustee within Arizona State are typically non-judicial, unless challenged, must be in compliance with MERS rule 8, if such a trustee or bearer or original note is registered lawfully with MERS and is utilizing their services. (Note:Refer to MERS )
This action is to protect and insure against any future attempts made by the alleged existing account holders or unknown alleged parties; and their trustees, who may come forward with similar claims until the aforementioned request is either validated or pending validation to the extent of a resolution, failure to validate, of the current matter based on the merits of this case and authorities cited herein,
Any and all parties involved or later becoming enjoined to this action have no lawful standing to proceed until said validation is either achieved; or an equitable resolution is obtained, for failure of validation, by all parties to this action past, present and future.
I thought it would be simple to have the documents validated but I was wrong, as of date I have filed over 200 dockets in all the court cases to date. this includes Superior and District Courts and now I am back in Superior Court where I am still struggling to have my complaint actually heard I want the truth and for the bankers to be made responsible for their lack of consideration and the courts to put an end to this unfair business practice being perpetrated against the hard working American. I do not want a House for free….I have worked and Labored hard for my Home…. The Banks have lied cheated and stolen from me They have even forged my very own signature on the notice of right to cancel. and why should I want to ever work anything out with them again. I would never be able to Trust them., The bank of America along with ReconTrust are continuing to unlawfully foreclose on me, the next sale is scheduled for the 20th of September. I have Complained to the OCC the Attorney General and anyone that would listen but as to date all I have received in my request to stop the crime of an unlawful party from victimizing me…..They have all responded with the can not stop the sale..They have said “If you have a court case pending We cannot interfere” …..What are we paying for I had once believed that the Attorney General and SOS would stop these Banks from committing further crimes against us when I gave them my documents with supporting evidence of the crime….. But what I find is they have used our documents to build there case against the banks….How is that helping me NOW? why are they not stopping what they know is FRAUD. THEY ALL KNOW THE RECORDS IN THE COUNTY RECORDERS ARE FALSE…..THEY HAVE PLEDGED TO PROTECT THE PEOPLE FROM HARM. WHERE ARE THEY WHEN YOU CALL……The Judges Want us to Pay them Thousands of Dollars just to restrain the Banks from foreclosing….WHAT? May God bring miracles to us all and may we continue to STAND for truth in our lives and our Country. I still believe we can win …Thoughts become things….
Brenda ,I agree with you, I believe like you do that we can win…the tables are finally begining to turn…filing complaints is a good thing….we need to file millions…..!!!!
This mess would clear up real fast if the AG’s and Judges would just start enforcing the laws. The banksters would fix things real fast if they could no longer get away with it.
Just so you know, the AG for Arizona broke with the NAAG investigation and filed charges against Countrywide/BAC for violations of a consent decree that it entered into with that state.
The Arizona AG’s office is only one of two AG”s to go after these Bnksters and hold their hand to the fire, so far.
The 50 State AG investigation is a joke and most of those guys are looking for or already receiving payolla from the Banksters so don’t look for anything to come from that.
DL 55 and holding………….
Yes, What’s up with this? He states that he will be willing to talk about this?? More DEALS? Well, if you guys want to pay a small fine, we will turn the other cheeky?? I have a PAYOFF DISCHARGE OF MORTGAGE with their being listed as the TRUST under the MERS MORTGAGE and NOTE??? Think this is the case in all states. Probably so. He states violations of state and federal laws. I will assert this in my defense? First I heard of this name in LIGHTS? RECON TRUST is the trust for BANK OF AMERICA and I have BAC Home Loans Servicing?? One and the same as I see it. Just brings out more questions and more fraud. It will be nice if the states will take ACTION, but I don’t see that EVER HAPPENING. SAD FOR OUR COUNTRY.
Now we need someone with balls here in Florida , and someone to go after One West Bank , lets all remember it is not just the BIG FAT BANKS , it is all of them , I am so sick of hearing of them all getting away with breaking the law , if we did what they are doing we would be in JAIL no question asked .
“But Bank of America contends that federal banking laws, not state law, governs its conduct, and it forecloses under its own name. That will continue to be the practice of acting as its own foreclosure trustee, a bank spokeswoman said.”
These banks are acting as if their power & authority supersedes that of the U.S. gov’t overstepping their boundaries from state to state. I guess when money talks dead man walks but hopefully someday justice will prevail and destroy this Goliath with one stone up his forehead.
Now help me attack the State of Arizona …… They absolutely have no balls. If I were Governor of the State … Bank of America Chase and Wells Fargo would have to leave or change their ways completely.
I am loving it…………..it’s time for these crooks to serve time!!!!!!!!!!