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

The foreclosure attorneys at PEARSON BUTLER, Attorneys at Law, 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 Shurtleff. 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 responds 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, attorneys at law, for a free consultation. Call (800) 265-2314 to schedule a free consultation with Jeff Butler.