8/8/2019 Chief Judge Campbell Recuses Herself --WHY??

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Chief Judge Campbell recuses herselfWHY?

Class Action ReconTrust/Bank of America Case Lands in Federal

Judge Dale Kimball's Court

byMorgan Skinner, KCSG News

12/30/2010

Utah Federal Court (GSA photo)

(Salt Lake City, UT) - US District Chief Judge Tena Campbell recused [Recusal order] herself in the class

action lawsuit against ReconTrust and Bank of America (NYSE: "BAC"), Mortgage Electronic Registration

Systems ("MERS"), Countrywide Home Loans, HSBC Bank (NYSE: "HSBC"), Wells Fargo Bank (NYSE:

"WFC"), U.S. Bank (NYSE: "USB"), Bank of New York/Mellon (NYSE: "BK"), KeyBank (NYSE: "KEY") filed in

Utah federal court Friday, November 5, 2010, alleging violations of the, Fair Debt Collections Practices

Act, Utah Pattern of Unlawful Activity Act (FDCPA), Unlawful Foreclosures, and Intentional Infliction of 

Emotional Distress.

Upon Judge Campbell's recusal from the case [Class Action Complaint], it was sent to Judge Clark

Waddoups who has the Peni Cox case (No.10-00492) before his court based upon the same issues and

the same defendants, ReconTrust and Bank of America. The case is also on appeal to the 10th Circuit

Court in Denver, Colorado.

8/8/2019 Chief Judge Campbell Recuses Herself --WHY??

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KCSG News learned from court records filed in the docket Thursday that Judge Waddoups recused

himself December 21, 2010. [Recusal order] So, the question now we are askingh now is why did Judge

Waddoups recuse himself in the class action matter and not recuse himself in the Peni Cox case pending

in his court when the Cox case is based upon the same issues against the same defendants? What's

changed, other than it's now a class action case?

Both matters filed in Utah District federal court by attorneys E. Craig Smay and John Christian Barlow 

allege that ReconTrust has violated the FDCPA by proceeding with non-judicial foreclosure sales. The

complaint states that ReconTrust lacks the power of sale and therefore, its actions are within the

definition of debt collection. ReconTrust has used the mail, internet, and other instrumentalities of 

interstate commerce in its attempt to collect the debt, the complaint says that ReconTrust has engaged

in this pattern of activity repeatedly over the course of many years, and as a result of this activity, each

foreclosure is wrongful. The complaint says the intentional and unlawful activity of ReconTrust has

caused widespread loss of property and intentional infliction of emotional distress.

Barlow told KCSG News in November he "hoped that homeowners and government officials could work

together to see that illegitimate corporations such as ReconTrust are not allowed to trample on the well

crafted laws of the State of Utah."

Barlow and Smay continue their Herculean task of trying to protect the rights of Utah citizens and

homeowners against the financial giants asking the court to require the defendants to adhere to Utah

law which stipulates that all foreign corporations must register to do business in the State of Utah, and

only members of the Utah State Bar and Utah Title Insurance companies are allowed to perform non-

 judicial foreclosures. The defendants, ReconTrust and the Bank of America, claim their national banking

charter trumps state law.

In the Cuomo v. Clearing House Association case (No. 08-453) the US Supreme Court in June of 2009

decided, 5-4, that a federal banking regulation does not preempt the ability of states to enforce their

own fair-lending laws. The Court determined that the Office of the Comptroller of the Currency is the

sole regulator of national banks but it does not have the authority under the National Bank Act to pre-

empt enforcement of state law against national banks.

This is the underlying premise in the class action lawsuit before the court including the Peni Cox case.

The class action complaint is based upon four separate Utah court cases in which the Bank of America

through their foreclosure agent, ReconTrust Company has illegally foreclosed on homes in Utah,

according to the court records.

Read more: KCSG Television - ReconTrust Bank of America Class Action Case Moves to Judge Dale

Kimball s Court 

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