July 2, 2012

HURRICANE, UT – Hurricane attorney, Benjamin Ruesch, won a victory in Federal Court in favor of a local Washington County family facing foreclosure of their home.

This motion effectively provides additional time for homeowners facing bankruptcy to remain in their home. It also provides the family leverage with the bank if they want to keep their home through a loan modification, which can be worked out in the bankruptcy process.

The Honorable William T. Thurman, U.S. Bankruptcy Chief Judge heard the arguments between counsel for The Bank of New York Mellon and Benjamin Ruesch, Esq. representing the Washington County family. Ruesch effectively argued all pertinent documents, including a properly negotiated promissory note must be in evidence before the foreclosure process could begin.

The judge required that the bank produce an original promissory note within 20 days in order to proceed with the foreclosure. They were not able to do so thus allowing the family more time to determine their course of action.

Other federal judges in Utah have routinely dismissed such arguments against some banks’role in foreclosures. This is the second major bankruptcy court victory for attorney Benjamin Ruesch protecting the rights of local families.

If you would like more information about this topic please visit www.SRRlegal.com or call 435.635.7737.