10th Circuit To Hear Appeals Of Lower Court Dismissals Of Utah Wrongful Foreclosure Cases Brought By Homeowners

In Salt Lake City, Utah, The Salt Lake Tribune reports:

• The Utah Legislature appears poised to stifle any legislation that might help thousands of Utah homeowners facing foreclosure, punting decisions on those issues back to the courts.

• But federal courts in Utah, where most foreclosure lawsuits end up, have been downright cold toward homeowners seeking relief from what they claim are illegal actions on behalf of banks and others. In case after case, federal judges have sided with banks and foreclosure trustees in lawsuits that raise legal questions about their ability to take property when loans become delinquent.

• State courts, according to homeowner attorneys, have been more open to foreclosure lawsuits. Given that, banks and others seeking to foreclose are automatically moving cases filed into federal court. Homeowners have never even be allowed to gather evidence from the foreclosure entities because their cases are quickly dismissed.

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• Now, at least three of cases from Utah have been appealed to the 10th Circuit Court of Appeals in Denver, whose rulings could clarify whether the legal issues are serious and need more judicial consideration.

For more, see Shoulders cold when foreclosure cases hit the courts.