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 http://matchbin-assets.s3.amazonaws.com/public/sites/990/assets/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.

Tags: Eviction, Unlawful Detainer, void foreclosure sale
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