Utah judge sides with homeowners when banksters can't "produce the note"
Benson conducted a 90-minute hearing in the Geddes lawsuit in which he intently grilled both sides over various legal questions. But what seemed to sway him was the admission by attorneys for the foreclosing entities that they were not sure who actually owned the couple’s mortgage note.
Homeowner attorneys have argued that because entities such as Bank of America do not own the actual notes, which are in the hands of investors, they cannot legally institute foreclosure proceedings. Benson said the Geddeses made a sufficient case to allow them to demand evidence of who owned the note on their home.
"I think it went into a securitization pool," he said. "But we don’t know.
Or maybe the dog at it. And then jumped in the pool?
Attorney Abraham Bates, who represented the couple at the hearing, said they both had been diagnosed with cancer and started treatments when they sought a loan modification. But after spending hours on the phone trying to negotiate a modification, ReconTrust Co., the foreclosure arm of Bank of America, began to foreclose.
Benson disputed Bates’ characterization that federal courts in Utah were automatically dismissing such cases, saying he was making decisions on a case-by-case basis.
But his decision to not grant dismissal does create a split among local federal judges, others of whom have routinely dismissed many of the dozens of foreclosure suits they’ve heard.
Chief Judge Tena Campell has granted orders temporarily halting foreclosures and Judge Clark Waddoups also has granted a temporary restraining order, though he has ruled several times in favor of the entities bringing most of the foreclosure actions in Utah, the Mortgage Electronic Registration Systems and ReconTrust.
That's our bankster overlords, scamming people with cancer. They're the cancer.