A Judge’s Possible Conflict of Interest Ruling On An Important Foreclosure Issue

The question of illegal foreclosure by banks is a national issue but one that gets little attention in our courts.  One lawyer in Utah took on Bank of America and got a court ruling stopping BofA from continuing any foreclosures.  the Circuit Court ruled in Barlow’s favor and issued an injunction against BofA stopping their ability to foreclose in the state

BofA appealed in Federal court where Federal Judge Waddoups ruled in favor of BofA overturning the lower courts injunction.  However, ABC 4 in Salt Lake City, Utah began investigating the judge and found that he was previously with a law firm that represents Bank of America.  The judge, in fact, is still receiving a pension from that firm.

What I find interesting and encouraging is that Attorney John Christian Barlow, another lawyer that “gets it” had enough conviction to take on one of the Too Big’s.  His basis, which could be a basis in many other states, not only for BofA but for other banks as well, could lead to a halt of foreclosures.  The basis he argued was that Bank of America was not a registered business or corporation in the state therefore could not do business of any kind which includes taking legal actions such as foreclosure.

The practice of illegal foreclosures must stop.  This is just one more issue that needs to be addressed and upheld by “the law” not by a judge’s personal opinion.

We can’t print or publish the contents of this story from a Utah TV station but this is a link worth reading.

Conflict of Interest? ABC 4 investigates judges’ ties to Bank of America…click here

More Links To View:

Judge James L. Shumate Orders Halt to Bank of America Foreclosures in Utah From KCSG TV

Judge Shumate

Judge James L. Shumate

slideshow (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;

Judge James L. Shumate:  Another judge that gets it and is not afraid to say so.


Judge temporarily halts Bank of America’s foreclosures in Utah

Thu, 2010-06-10 10:30 — NationalMortgag…Utah Judge James L. Shumante has issued a court order to cease all foreclosure proceedings by Bank of America, ReconTrust Company, Bank of America Corporation and Home Loans Servicing LP. The lawsuit, filed by John Christian Barlow of St. George, Utah-based Envision Law Firm, claims that Bank of America is not in compliance with Utah Code 57-1-21(1)(a)(i) because Bank of America does not have offices in the state of Utah, therefore preventing borrowers from meeting face-to-face with their lenders to come to foreclosure resolutions.

“The defendant is not registered with the Utah Division of Corporations, and therefore, may not transact business in the state of Utah,” said Judge Shumante.  Read More...click here


Amended Preliminary Injunction Order…click here

Application For Preliminary Injunction and Request For Hearing…click here

Attorney John Christian Barlow, Web Siteclick here


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