Utah Appeals Court Rejects Homeowner's Position In Foreclosure Battle With Banksters

In Salt Lake City, Utah, The Salt Lake Tribune reports:

• A state appeals court decision could have a wide impact on dozens of lawsuits filed in Utah over home foreclosures that washed across the state in the wake of the Great Recession. The Utah Court of Appeals has agreed with a lower court that a key loan servicer and an entity created by mortgage bankers have the legal right to foreclose on an Eagle Mountain home.



• Lower federal and state courts have dismissed numerous foreclosure suits in Utah on the same grounds, but this decision is the first from a higher court, and its ruling may guide future judicial actions. The decision invalidates one of the legal theories that have guided dozens of lawsuits challenging the tens of thousands of foreclosures in Utah.

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• But Craig Smay, the attorney for the homeowner, said he will either ask for reconsideration of the decision or appeal to the Utah Supreme Court. “Our intention is to not to let it stand. It’s obviously wrong.”

For more, see Utah ruling a setback for foreclosure challenges.

For the ruling, see Commonwealth Property Adcocates LLC v. Mortgage Electronic Registration System, Inc., 2011 UT App 232 (Ut. Ct. App. July 14, 2011).