Utah Judge Voids Foreclosure Sale — It Never Happened

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see http://www.kcsg.com/view/full_story/25831345/article-Utah-Homeowner-Wins-Lawsuit-Against-Bank-of-America-in-Illegal-Foreclosure-Action?instance=more_local_news1

see Judges Order at

Click to access JC9H_Decision_and_Order_140500067.pdf

This case shows how Recontrust — an entity created and controlled by Bank of America — goes down in flames AFTER the sale of the property. The Judge found that Reconstrust was not a proper “substitute trustee” and in my opinion neither are any of the other “substitute trustees” in the context of loans subject to false claims of securitization.

The case is a direct instruction to do what I have been advocating for years. If you think you have a meritorious defense or attack on the foreclosure, deny the implied claims, and plead and prove that your objection is not based upon procedural irregularities, but rather on the fact that the party seeking to sell or foreclose the property never had any right to appear must less enforce anything involved in the loan.

In this case the status was that the sale had already occurred and Recontrust was seeking the usual eviction. The Judge, separating the chafe from reality simply said that Recontrust had no rights whatsoever and that the eviction would not occur (judgment entered for homeowner) and that the reason why the homeowners wins is that the foreclosure sale was void ab initio.

The lesson is that if you are going to try to split hairs you are at best headed for a continuance so that there is an appearance of due process. But if you really want to win, then you need to learn something about securitization — the concept, the written documents and the actions by parties claiming rights under self-serving documents that are completely false.

10 Responses

  1. Does anyone know how I can find out if New Equity Financial out of Kentucky went Bankrupt. I cannot find anything on them. jsmith5915@msn.com. James

  2. Offer the Judges to take a Polygraph as to his/her relationship with the banksters.


  3. Norary Position Available Please Apply. . Title: Default Document Processor. . KC’s reply . . ” Not With A 10ft Pole”!

  4. Strangely, it is best to allow the foreclosure to go forward.

    In my opinion.

    All but the bankers will then be satisfied.

    For example, identities were stolen and used to create fictitious loans. Those loans were then placed in fictitious trusts. They were described as such to render them “bankruptcy remote”.

    I say, follow the money, attack the contract and then reclaim the damages by using your name to collect on the “short-sales” placed against performance on your loan.

    In other words, you were used to create a fraud through conversion: you thought you were paying a mortgage, when in reality, you were funding the degenerate gambling on Wall Street.

    Well, I say fine.

    Then I say: “go ahead and foreclose”.

    Then I say: “now pay me the derivatives (short sale bets) you placed, under my name, after you bet I couldn’t meet the obligation you sabotaged from the very outset”.

    My solution satisfies all but the criminal filth that created this attack on the American Dollar and, by extension, the attack on the middle class.

    It follows the rule of law and it preserves the pension plans.

    Andrew Jackson would be proud.

  5. Reality…………
    Reconstruct will pose as the original lender or servicer. The Judges allow this type of fraud to continue. They too are paid. They are not forced to prove their right to foreclose and when using fraudulent documents , the courts allow that too. The truth of the matter is this is all about the pension funds and the new businesses being attracted into the areas and or states. May it be the local Walgreens , they will take your information and start using it against you. Danville , Il – MERS
    are listed as Metro detective agency…..you do the rest ……………………

  6. When something is stolen in all cases ie a car or tv and it is recovered the law does not allow them to keep the car or tv. So there going to have to be restitution or the properties returned.

    I think it better that the foreclosure occurs because it get rid of any fight down the road for another claim to occur out the blue. I would rather wash my hands of it and move on.

    However I think that these matter should be done in a federal court instead of state so that treble damages apply. These incident are criminal in nature and not civil!

  7. Those who expect that ruling will put them back in their house after the fact are in for a rude awakening. And I wouldn’t be surprised if, in the very unlikely event this kind of ruling were to become the rule, homeowners who thoroughly gut their house out of spite saw their damages seriously slashed down by the amount their intentional vandalism cost. Lastly, if courts find themselves inundated with lawsuits for wrongful foreclosures going back years, states will probably come up with laws limiting how far back people are allowed to go.

    “Does this ruling provide a way for people foreclosed upon by ReconTrust to evict the current home occupant and allow a foreclosed homeowner to move back into their home? Barlow thinks it may, but said: “It’s unlikely that any judge would evict an innocent third party, a judge may make ReconTrust and Bank of America pay the illegally foreclosed homeowner compensatory damages for the illegal foreclosure and subsequent injuries.” Barlow continued, “People need to be reasonable and remember that obtaining justice does not include inflicting emotional or monetary harm on innocent third parties that purchased their home after the foreclosure sale.”

    Read more: KCSG Television – Utah Homeowner Wins Lawsuit Against Bank of America in Illegal Foreclosure Action”

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