UTAH CLASS ACTION: COLEMAN v. BofA, ReconTrust, MERS, Wells Fargo, HSBC, US Bank, Keybank, BNY Mellon

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UTAH CLASS ACTION: COLEMAN v. BofA, ReconTrust, MERS, Wells Fargo, HSBC, US Bank, Keybank, BNY Mellon

UTAH CLASS ACTION: COLEMAN v. BofA, ReconTrust, MERS, Wells Fargo, HSBC, US Bank, Keybank, BNY Mellon

E. Craig Smay #2985
174 E. South Temple
Salt Lake City, Utah 84111
ecslawyer@aol.com, cari@smaylaw.com
Telephone Number (801) 539-8515
Fax Number (801) 539-8544

John Christian Barlow
40 N 300 E #101
St. George UT 84771
jcb@JohnChristianBarlow.com
435-634-1200
Attorneys for Plaintiffs


IN THE UNITED STATES DISTRICT COURT, DISTRICT OF UTAH, CENTRAL DIVISION

JEREMY COLEMAN, DWAYNE WATSON, SAMUEL ADAMSON, ETHNA LYNCH,

Plaintiffs,

vs.

RECONTRUST COMPANY, N.A., MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., BANK OF AMERICA,
N.A. AS SUCCESSOR TO COUNTRYWIDE
HOME LOANS, INC., BAC HOME
LOAN SERVICING LP, HSBC BANK
USA, N.A., WELLS FARGO BANK, N.A.,
U.S. BANK N.A., BANK OF NEW YORK
MELLON, KEYBANK, N.A. and Does 1-
10, Defendants.

CLASS ACTION
COMPLAINT FOR VIOLATION OF
FAIR DEBT COLLECTION
PRACTICES ACT, UTAH
PATTERN OF UNLAWFUL
AUTHORITY ACT
JURY DEMANDED

Case No. 2:10-cv-02099-TC

Judge Tena Campbell

Plaintiffs Jeremy Coleman, Dwayne Watson, Samuel Adamson, and Ethna Lynch, individually and on behalf of others Similarly Situated (“Plaintiffs”) bring this action under the Fair Debt Collection Practices Act (“FDCPA”), 15 USC §§ 1692-1692p, and Utah state law, including, without limitation, §§ 76-10-1602, 76-10-1603, and 76-10-1605(1), (2), UCA (1953), and allege as follows:

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3 Responses to “UTAH CLASS ACTION: COLEMAN v. BofA, ReconTrust, MERS, Wells Fargo, HSBC, US Bank, Keybank, BNY Mellon”

  1. alfredo says:

    my mortgage laon was securitized us bank na is the investor ASC is servicing my mortage backed pass through certificates 2006-3 i have 24 mo.triing to modify i have multiple investors.they wan to fourclose do they have the right to do that?

  2. Thomas Johnson says:

    I was divorced and forced by the court to sign a quit claim deed to my ex-wife. I had a VA Loan on the house in my name. She did not pay the house payments for over 2.5 years. She moved from the house and Wells Fargo promptly sent foreclosure papers saying the house would be sold in a couple months. I got my ex-wife to sign a quit claim deed to me so I could try to refinance the VA loan on the house. When I called Wells Fargo, the person assigned to the loan (Adam)would not talk to me. He said my ex-wife (not the principle on the loan) said not to talk to me. I asked what to do about that. He said to fax a letter to him rescinding that order. I did so on more than one occasion to make sure it got there. Every time I called after that I would only get voice mail for Adam (I left messages every time to call me back – no calls back). I tried to talk to anybody at Wells Fargo mortgages… they would all say that I had to talk to Adam who would not return my calls. I told them he was not responding. They responded they could not work on the account as it was assigned to Adam only. After trying over 30 times to reach Adam, the house was sold at auction and foreclosed on. I was not allowed to refinance my VA loan and now have been sent a 1099c for my taxes. Is this legal? Why was I not allowed to refinance the loan? Can I be a part of the class action lawsuit against Wells Fargo about foreclosures? What can I do?
    Thomas Johnson

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