"Fair Debt" Violations Among Allegations Facing BofA, Trustee-Affiliate, Others In Utah Suit Seeking Class Action Status

In Salt Lake City, Utah, KCSG-TV reports:

• ReconTrust and Bank of America, along with Mortgage Electronic Registration Systems ("MERS"), Countrywide Home Loans, HSBC Bank, Wells Fargo Bank, U.S. Bank, Bank of New York/Mellon, KeyBank, and others that may have used ReconTrust as a trustee, have been named in a class action lawsuit filed in Utah federal court Friday alleging violations of the Fair Debt Collections Practices Act (FDCPA), Utah Pattern of Unlawful Activity Act, Unlawful Foreclosures, and Intentional Infliction of Emotional Distress.

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• The action filed in Utah District federal court by attorneys E. Craig Smay and John Christian Barlow says ReconTrust has violated the FDCPA by proceeding with non-judicial foreclosure sales. Because ReconTrust lacks the power of sale, its actions are within the definition of debt collection.

For more, see ReconTrust and Bank of America Named in Class Action Violation of Fair Debt Collection.

For the lawsuit, see Coleman, et al. v. ReconTrust Company, N.A., et al.