Utah Attorney General Sues Bank of America for Illegally Foreclosing on Utah Homeowners

The foreclosure attorneys at PEARSON, BUTLER, CARSON & COOK, PLLC are curious how a pending lawsuit will play out between the Utah Attorney General’s office and Bank of America.

Bank of America has illegally foreclosed on thousands of homeowners in Utah, according to Utah Attorney General Mark Shurt-leff.  The Utah attorney general sent a letter warning Bank of America that it was illegally foreclosing on homes by using ReconTrust Co. to file foreclosures, in violation of Utah State law.

On March 19, 2011, the attorney general sent a letter to Bank of America President Brian Moynihan, asking that he respond within 30 days regarding the issue that ReconTrust is violating Utah’s home foreclosure law by foreclosing on homes using ReconTrust rather than use a Utah State Bar attorney or title company that is registered to conduct business in Utah. 

Bank of America argues that federal banking law that overrides state statutes under the National Banking Act.  But the Utah attorney general office asserts that Utah State law must be applied if the federal law contradicts the state law.

The website for ReconTrust’s lists about 900 Utah properties for sale that have already been foreclosed on by Bank of America.  If you or a loved one are being threatened of foreclosure by Bank of America, contact one of the Utah foreclosure attorneys at PEARSON, BUTLER, CARSON & COOK, PLLC for a free consultation.  Call #801-495-4104 to schedule a free consultation with Jeff Butler.

Contact Us

Your Name (required)

Your Email (required)

Phone

Your Message

EMAIL DISCLAIMER: Sending this email does not create an attorney-client relationship between you and Pearson, Butler, Carson, & Cook, PLLC or its attorneys, and should not be regarded as legal advice or advertising. Unless you are a current client of Pearson, Butler, Carson, & Cook, PLLC, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Pearson, Butler, Carson, & Cook, PLLC, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so.
It is possible, then, that we may already represent a party adverse to you even if the information you submit to us could be used against you in a legal matter, and even if you submitted it in a good faith effort to retain us.

PEARSON, BUTLER, CARSON & COOK, PLLC provides legal services in the Greater Salt Lake City community. Our lawyers represent individuals and families struggling financially through bankruptcy, chapter 7, chapter 13, debt settlement, loan modification, and short sale assistance to avoid foreclosure. We also help with family law, divorce, custody, child support enforcement, and other related matters. We assist with criminal matters including DUI and other matters. We assist with estate planning, wills, trust, conservatorships, evictions, real estate matters, and other services across Utah, including Davis County, Morgan County, Salt Lake County, Summit County, Tooele County, Utah County, Uintah County, Weber County, Wasatch County and Washington County. Our services extend to Salt Lake City (SLC), South Jordan, Riverton, Lehi, Herriman, West Jordan, West Valley, Taylorsville, Sandy, Draper, Murray, Ogden, Tooele, Bountiful, Midvale, Layton, Orem, Provo, Park City, Springville, Spanish Fork, Heber, Saratoga Springs, St. George, and Fort Union.