Utah Homeowner Wins Lawsuit Against Bank of America in Illegal Foreclosure Action

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Utah Homeowner Wins Lawsuit Against Bank of America in Illegal Foreclosure Action

Utah Homeowner Wins Lawsuit Against Bank of America in Illegal Foreclosure Action

KCSG-

Utah Fifth District Judge Jeffrey Wilcox listened to Sam Adamson tell his story on the witness stand about the illegal foreclosure conducted on his home by ReconTrust Company over four years ago. After taking the case under advisement Judge Wilcox issued a ruling stating that the foreclosure sale on Adamson’s home was void and never happened. “Judge Wilcox listened to all of the testimony and carefully reviewed case law and made the appropriate ruling,” Attorney John Christian Barlow, who represents the Adamsons, told KCSG news.

This ruling is significant because it renders ReconTrust foreclosure action invalid as if it never happened. For years Utah homeowners have battled Bank of America (NYSE: “BAC”) and its subsidiary ReconTrust Company over the validity of the bank’s foreclosure actions in Utah, Barlow said.

Adamson challenged ReconTrust’s foreclosure action, which under Utah law only a title insurance company or an attorney can legally foreclose on real property (UCA 57-1-21). The Bank of America used ReconTrust to foreclose on homes in Utah up until approximately 2012 when the Utah Supreme Court ruled (Fed. Nat. Mortgage Ass’n v. Sundquist 2013 UT 45, 311 P.3d 1004) that ReconTrust did not qualify under Utah Law to conduct foreclosure sales. However, the Utah Supreme Court left open the question of what happens to the homeowners and homes that were foreclosed by ReconTrust.

[KCSG]

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