Saturday, January 22, 2011

Family Takes On Bank Of America And Wins- For Now

A family in Pahrump, NV. took on Bank of America and it's company that holds auction on foreclosed homes, by themselves, without lawyers and won a major court case in Nye County.
From the Pahrump Valley Times: A company that auctions off foreclosed homes for Bank of America is out of business in Nevada — at least for now.
Fifth Judicial District Judge Robert Lane signed an injunction order Thursday that effectively halts all non-judicial foreclosures statewide that are being performed by ReconTrust.
The order affects at least 100 homeowners in Nye County and more than 7,000 in Clark County who are currently facing trustee sales of their foreclosed homes.
The order states that ReconTrust is operating in Nye County and the rest of the state without a business license. A check of the company’s registration with the Secretary of State’s Office shows it to be expired...

Pahrump resident Suzanne North, whose Pro Se complaint in Lane’s courtroom sparked the injunction, says she is fighting to save her home after being “taken for a ride” by Bank of America. North’s home on Bronco Street is not just her residence, it is also her business — North runs a day care and pre-kindergarten program out of the house...
In June, Robert saw an article in the Las Vegas Review-Journal about a hotline for homeowners with Bank of America home loans. The Norths called and were able to set up a new path to a loan modification.
That’s when the couple says “lost paperwork” became the bank’s strategy for prolonging their agony and forcing them closer to arbitration.
When their mediation hearing did roll around several months after being rejected for a new modification — because of missing paperwork that had repeatedly been faxed from the bank’s branch office in Pahrump — the Norths watched as their Dec. 29 mediation ended abruptly because of a missing 2009 tax return. Instead of giving the couple 30 days to get the tax return, the lender chose to foreclose.

http://pvtimes.com/news/developing-local-judge-halts-recontrust-foreclosure-sales-statewide/
I'm torn on these kind of issues. On one hand, the family signed a contract and they are obligated to uphold their end of the contract by making payments.
But then Bank of America needs to follow the rules as well and that includes using a company that is licensed by the State and they need to stop losing paperwork.
But you have to give kudo's for the North family for acting as their own attorney and beating Bank of America and all of their high priced lawyers and they live to fight another day. But in the end, they will still have to pay for their house by paying their mortgage..

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