Appeals court says Texas law governs foreclosures in Utah by BofA

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Appeals court says Texas law governs foreclosures in Utah by BofA

Appeals court says Texas law governs foreclosures in Utah by BofA

Everything can always be adjusted. I’d like to find this legal opinion from the Office of the Controller of the Currency that construed federal banking law in the other case that is referenced in this article.

Salt Lake TRIBUNE-

A federal appeals court has ruled that Texas law governs foreclosures in Utah when carried out by a unit of Bank of America. But in doing so it left open a big door for further legal challenges to that position.

In a ruling issued Thursday, the 10th Circuit Court in Appeals upheld an order by U.S. District Judge David Sam, who in 2011 had dismissed the lawsuit of a Utah County resident who’s home had been foreclosed on by ReconTrust, the foreclosure unit of Bank of America.

Sam had agreed with ReconTrust’s arguments that because its offices are in Texas when it carried out foreclosure procedures in Utah, national banking laws and regulations mean that the governing law is in the state in which its offices are located.

[SALT LAKE TRIBUNE]

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