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Salt Lake City, UT
/ June 5, 2010 / --
While it's true that banks continue to collapse under the weight of
faulty mortgage loans and a lack of link-chain accountability, many more
lessons are being taught by a new breed of attorneys that are fearless
in their pursuit of holding banks accountable for sound business
practices.
While major
metropolitan cities like New York, Chicago, and Los Angeles boast to
have some of the highest priced attorneys in the country none would have
imagined that it would be the litigious efforts of attorneys in the sand
states that continue to net some of the largest financial losses to
lending institutions ever witnessed.
Enter now attorney
John Christian Barlow of St. George, Utah that for the moment has
brought Bank of America, the nation's largest financial institution to
its knees. Mr. Barlow an attorney with a growing reputation as a
"Giant Killer" remains humble and while evidence of his work continues
to be celebrated by social media outlets and the consumer protection
community at large, Mr. Barlow understands that his current efforts are
merely at the infancy stages and much more is needed to bring Bank of
America and other financial institutions into level playing field for
accountability.
On May 22, 2010,
Mr. Barlow, a graduate of Loyola University with a Masters Degree in
business and city management and a law degree from the esteemed
Willamette University was given a ruling by Fifth District Court Judge
James Shumate that Bank of America Corporation to include ReconTrust
Company, N.A. and Home Loans Serving LP must cease all foreclosure
proceedings in the state of Utah.
The focus of Mr.
Barlow's case is not the traditional claims of TILA, HOEPA or RESPA
violations, instead at the crux of Mr. Barlow's complaint is whether or
not Bank of America Corporation and its affiliates and subsidiaries as a
nationally chartered financial institution can supersede state laws
intended to govern financial institutions operating within the state
of Utah. "The law is clear in Utah," said Barlow, "and Judge Shumate saw
it clearly, too. Mortgage lenders are required by law to be
registered and have offices in the State of Utah to do business, that is
unless you're Bank of America or one of their subsidiary companies which
apparently are above the law in Utah."
In the meantime, Bank
of America has not remained idle, as an indiscriminate number of
attorneys have begun filing their own barrage of legal motions on behalf
of Bank of America in opposition of Fifth District Court Judge Shumate's
ruling.
"Bank of America has
an uphill battle," says Michael Blackburn, Chief Operations Officer for
the highly acclaimed non-profit Perfect Home Living. "We are
all aware that throughout the country there is a growing consensus that
state rights have long since been overlooked and issues like this could
easily serve as the catalyst for reigniting this issue," Blackburn
continued.
About Perfect Home
Living
Perfect Home Living
is a nationally recognized non-profit leader that
assists in implementing programs and providing training and education to financial
lenders, government entities, banking regulators, consumers and licensed professionals
to red flags within today's real estate market. For more information or to request assistance please visit us online at:
http://www.PerfectHomeLiving.com or email sheri@perfecthomeliving.com |