Utah AG says Bank of America wrongly processing foreclosures

Jessica M. Karmasek May 27, 2011, 12:48pm


SALT LAKE CITY (Legal Newsline) -- Utah Attorney General Mark Shurtleff, in a letter to a Bank of America Corp. executive last week, said a unit of the bank was illegally processing foreclosures in Utah.

Shurtleff's letter, dated May 19 but released Wednesday by the Attorney General's Office, told President and Chief Executive Officer Brian Moynihan that only valid trustees with the power of sale are members of the Utah state bar or title-insurance companies.

ReconTrust N.A., a unit of Bank of America, is registered only as a national bank, the attorney general's letter said.

Shurtleff said his office would enforce the state's statutes, and that Bank of America must respond within 30 days.

A spokeswoman for the bank told the Wall Street Journal that ReconTrust would "continue to handle foreclosures in compliance with applicable laws."

Shurtleff isn't the only state attorney general to recently send a letter to the bank about its practices.

Connecticut Attorney General George Jepsen, in a letter to Moynihan Wednesday, said Bank of America must improve its aid of Connecticut borrowers.

Jepsen alleged that his office, the state Department of Banking and the non-profit Connecticut Fair Housing Center have received multiple complaints from consumers whose loans are serviced by the bank.

From Legal Newsline: Reach Jessica Karmasek by e-mail at jessica@legalnewsline.com.

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