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Judge James L. Shumate Orders Halt to Bank of America Foreclosures in Utah.
KCSG Television ^ | 6/5/2010 | Morgan Skinner

Posted on 06/06/2010 6:42:28 AM PDT by Chunga85

(St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has stopped all foreclosure proceedings in the State of Utah by Bank of America Corporation, ; Recontrust Company, N.A; Home Loans Serving, LP; Bank of America, FSB;

snip>

The attorney’s for Bank of America promptly filed to move the case to federal court to avoid having to deal with the Judge who is not unaccustomed to high profile cases and has a history of watching out for the “little people” and citizen’s rights.

(Excerpt) Read more at kcsg.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: bailouts; hamp; mortgagefraud; tarp
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Didn't Judge Shumate get the memo?

Since when do banks have to follow laws?!?

http://www.foreclosurehamlet.org

1 posted on 06/06/2010 6:42:28 AM PDT by Chunga85
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To: Chunga85

B of A does not cooperate on mortgage adjustments, because they don’t have to.

B of A

Wells Fargo

Friend to the illegal immigrant

Enemy of the people.


2 posted on 06/06/2010 6:45:54 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: stephenjohnbanker

The TOP ‘no adjustment for you’ bank...Citi!


3 posted on 06/06/2010 6:48:30 AM PDT by PennsylvaniaMom ((((((((((((((((((((PALIN/BACHMANN 2012))))))))))))))))))))
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To: Chunga85

What evidence do you have the banks were not following the law?

The judge is playing tyrant by forcing his narrow minded views


4 posted on 06/06/2010 6:49:15 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: bert

I wisdh I had one of those black robes...I wanna play God too...


5 posted on 06/06/2010 6:52:11 AM PDT by Skip Ripley
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To: PennsylvaniaMom

I wouldn’t doubt it.


6 posted on 06/06/2010 6:52:12 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: stephenjohnbanker

Judge James L. Shumate

It wlll be interesting to see how this turns out.

7 posted on 06/06/2010 6:53:09 AM PDT by kabar
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To: bert

Have you read the article?


8 posted on 06/06/2010 6:53:42 AM PDT by kabar
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To: Chunga85

Congratulations taxpayer. Aren’t you glad now that you rewarded BACs moral hazard with a bailout instead of going bankrupt as they deserved?


9 posted on 06/06/2010 6:57:29 AM PDT by InternetTuffGuy
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To: kabar

To be honest with you, the judge might be a left wing prick, but if he hurts B of Mexico,I mean B of A I’ll deal with “strange bedfellows “

LOL!


10 posted on 06/06/2010 6:58:37 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: kabar

Exactly, I have dealt with one of these banks and they could care less all they want is your property. Even with excellent credit they are not interested.


11 posted on 06/06/2010 6:59:01 AM PDT by rodguy911 ( Sarah 2012!!! Home of the free because of the brave.)
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To: Chunga85
This sounds like a preemption argument, pure and simple. Does the state law requiring the lender to have people in the state hold up for a nationally-chartered bank. There are probably arguments on both sides for that. The Utah law sounds fair but also sounds a lot like laws that have been struck down before too. Then there is this, which is troubling:

The Judge felt so strong about the case before him, he issued the preliminary injunction order without a hearing halting the foreclosure process.

So if I had to guess, I'd say the judge was grandstanding to help the "little people".

12 posted on 06/06/2010 6:59:30 AM PDT by Opinionated Blowhard
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To: kabar

Proudly posting from the headline for a very very long time


13 posted on 06/06/2010 7:00:05 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: stephenjohnbanker

Agree. I’ve been trying to get reasonable adjustments with these banks and some of them are just impossible. Deutche Bank is one that should be on the list. There is a servicing company that handles these for many banks, America Servicing Company, a subsidiary of Wells Fargo, that is just appalling.


14 posted on 06/06/2010 7:00:34 AM PDT by JewishRighter
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To: Chunga85
Very interesting. The judge is scoring this one for state's rights. He isn't saying the Bank of America can't foreclose on the properties. He's just saying the bank has to comply with state law to do it.

The Bank of America is going to try to trump the state's rights position with the well-worn "federal government uber alles" commerce clause gambit.

I support the judge and admire his courage.

15 posted on 06/06/2010 7:02:49 AM PDT by behzinlea
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To: stephenjohnbanker

So Judicial activision is bad cept when it’s something you like. Good grief.


16 posted on 06/06/2010 7:03:54 AM PDT by traderrob6
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To: bert

I work in the Industry, BOA is the WORST for not following the laws or anything else.


17 posted on 06/06/2010 7:04:18 AM PDT by politicalmerc (It's not their house; it's your home: GaHouseTrust.com)
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To: bert

I’ve posted this plenty of times before but I’ll drag it out again just for you...

Wall Street will not get this Genie back in the bottle!

I guess now would be a good time to shoot the greedy homeowners.

It’s crystal clear. From the very beginning the homeowners have gamed the system. They started by tricking the property appraiser (lender’s agent) into submitting an outcome-based appraisal.

Then, millions of homeowners shrewdly conned the “lenders” into dismissing all agency and fiduciary responsibility in the underwriting process....going so far as to force the “lenders” into forging documents.

Then, the greedy homeowners forced the “lenders” to securitize the loan in such a fashion as to bifurcate the mortgage from the note.

On top of that, the homeowners secretly cooked up the concept of “Credit Default Swaps” and forced the “lenders” to insure the collateral at the full (outcome based) value 30X over.

Having successfully pulled the wool over everyone’s eyes - these irresponsible homeowners showered themselves with well deserved bonuses.

Realizing they were too big to fail, these irresponsible, reckless homeowners lined the pockets of legislators and received enormous sums of taxpayer bailouts.

The result of these cunning maneuvers by the fraudulent homeowner scheme has them sitting fat and happy in the cat birds seat. Yup, that’s how they did it. And they’re getting away with it.

Savings drained - check, 401ks all gone - check. Kicked out of their homes - check. “Lenders” made whole many times over via Credit Default Swaps - check. Homeowners foreclosed and “lender” buys back property for pennies on the dollar - check.

Follow the money and you’ll find the culprit. It’s about time we hold these homeowners accountable.

Good call. The website below is sponsored by a well-healed, politically connected, PR machine of greedy volunteers...and contains detailed information on how the collusion on Main Street has ripped off Wall Street.

Don’t look though...it’s just spam.

http://www.foreclosurehamlet.org


18 posted on 06/06/2010 7:05:02 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
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To: bert

Did you read the article? I don’t think people should get to keep a house just because B of A sold the loan, the party that bought the loan as part of the package is the party with the interest in the property.

What happens if someone othr than B of A actually owns the property and later attempts to foreclose like happened recently in Florida when two lenders attempted to foreclose on the same property?

In other words, B of A has no standing.


19 posted on 06/06/2010 7:05:09 AM PDT by SeaHawkFan
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To: behzinlea

What ever happened to the notion that when you sign a contract, that contract is binding?

Where does it say that if the economy goes in the toilet you can adjust the contract?


20 posted on 06/06/2010 7:05:49 AM PDT by Venturer
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