January 20, 2012

HURRICANE, UT – In a rare ruling Hurricane attorney, Benjamin Ruesch, has partially won a victory in Federal Court in favor of a southern Utah couple facing foreclosure of their home.

Senior U.S. Judge Bruce Jenkins ordered the preliminary injunction against Bank of America and its subsidiary ReconTrust Company to remain in full force and effect until modified by the Court. He enjoined the defendants from conducting any foreclosure proceedings. The Judge questioned whether a federal law governing national banks pre-empted state law which states only a Utah attorney or Title Company can foreclose on a home.

The judge required that ReconTrust produce an original promissory note in order to proceed with the foreclosure saying, “ReconTrust…are enjoined by this court to take no further action until further order of this court.”

Other federal judges in Utah have routinely dismissed such arguments against ReconTrust’s role in foreclosures. ReconTrust has halted filing initial foreclosure notices.

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