UTAH BOA BATTLEGROUND

by Morgan Skinner, KCSG News

Notice of Appeal Filed – Stay of Court Order to Vacate Injunction
Stopping Bank of America Foreclosures in Utah Requested
by Morgan Skinner, KCSG News1 day 14 hrs ago | 511 views | 0  | 8  |  |
10th Circuit Court, Denver (USC/photo)slideshow (St. George, UT) – A
Notice of Appeal to Federal Judge Clark Waddoups court order vacating
an Injunction against Bank of America and its subsidiary ReconTrust
Company halting all foreclosures in Utah was filed Friday, June 25,
2010 by St. George attorney John Christian Barlow.

Barlow told KCSG News he was “troubled by Court ruling but unrelenting
in pursuit of redress for his client (Cox) and other homeowners who
have become victims of mortgage lending gone mad.” Barlow said he has
motioned the court to allow Cox’s complaint to include a “Class of
Citizens” currently in foreclosure in Utah. Barlow contends his
client’s rights to remedies were taken away from her by a faceless
lender who continues to overwhelm homeowners and the judicial system
with motions and petitions as a remedy instead of making a good-faith
effort in face-to-face negotiations to help homeowners as the Utah
legislature intended. The David and Goliath legal battle over federal
versus states-citizens rights is headed to the 10th Circuit Court.

Judge Waddoups’ Memorandum of Explanation in support of vacating a
statewide Preliminary Injunction halting all foreclosures by the Bank
of America only served to raise more questions.

Some of the questions include:

1.) Why is the judge’s ruling at variance with his previous rulings
this year as noted in a Letter to Judge Waddoups submitted to the
court June 10th, 2010 by the Plaintiff’s counsel John Christian
Barlow, Esq. and E. Craig Smay, Esq. and posted June 21, 2010 in the
court docket, after the Ruling and Memorandum of Explanation.

2.) Why did Judge Waddoups essentially brush aside the Plaintiff’s
pleading that included the Supreme Court decision Cuomo vs. Clearing
House Association in which the Court said…“If a State chooses to
pursue enforcement of its laws in court, its targets are protected by
discovery and procedural rules” meaning a state has a right to enforce
its own laws against national banks.

3.) Why hasn’t Judge Waddoups recused himself from all Bank of America
or ReconTrust Company related cases since he was a senior partner in
the law firm Parr, Waddoups, Brown, Gee & Loveless now Parr, Brown,
Gee & Loveless that represented the Bank of America in Utah Fourth
District Court, Case No. 070402786 before he took the bench. And, the
law firm continues to represent the Bank of America and its
subsidiaries. According to the Code of Conduct for US Judges, a judge
should recuse himself when there may be a conflict of interest.

4.) Why shouldn’t Judge Waddoups recuse himself from any case in which
his old law firm represents either the plaintiff or the defendant
until he takes full distribution of his retirement fund with the law
firm as disclosed in Judge Waddoups most recent Financial Disclosure
Statement that shows he only took a partial distribution of his
retirement from the firm’s 401K

“Bank of America acquired the bankrupt Countrywide Home Loan portfolio
in a stock deal June 3, 2009. And, according to the ReconTrust
website, the Bank of America has over 1113 Utah homeowners in
foreclosure this month, and the numbers keep growing,” Barlow said.

The second part of the Plaintiff’s complaint has yet to be addressed.
It alleges neither the lender, nor MERS*, nor Bank of America, nor any
other Defendant, has any remaining interest in the mortgage promissory
note. The note was bundled with other notes and sold as
mortgage-backed securities or otherwise assigned and split from the
Trust Deed. Barlow said he has begun a quiet title action and expects
the court to adjudicate it according to the facts of evidence which
will clearly demonstrate lenders bundling notes into securities and
trading in the financial markets have created the underlying
homeowner’s mortgage nightmare.

*MERS(Mortgage Electronic Registration System) is a process designed
to simplify the way mortgage ownership and servicing rights are
originated, sold and tracked created by the real estate finance
industry. MERS eliminates the need to prepare and record assignments
when trading residential and commercial mortgage loans as securities.

Read more: KCSG Television – Notice of Appeal Filed and Stay of Court
Order Vacating Injunction Stopping Bank of America Foreclosures in
Utah Requested

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