Judge overturns restraining order against Bank of America
Chief U.S. District Judge Roger Hunt overturned a state court order that had stopped Bank of America Corp. unit ReconTrust Co. from foreclosing on property in Nevada.
Homeowner Suzanne North obtained a preliminary injunction and restraining order against ReconTrust based on arguments that the firm wrongly foreclosed on her home, where she also operates a day-care center in Pahrump.
Nye County District Judge Robert Lane issued the order Jan. 20 that suspended ReconTrust foreclosures on an estimated 7,500 pending foreclosures around Nevada.
Hunt on Monday ruled that North’s lawsuit failed to show a likelihood of success. In his ruling, he wrote, “This court has repeatedly ruled against claims such as those plaintiff brings.”
In an e-mail, Bank of America said it was pleased with Hunt’s decision.
“Our first priority is to help our customers remain in their homes,” the bank said. “However, when it becomes necessary to engage in the foreclosure process, it is Bank of America’s and its related affiliates’ policy to handle foreclosures in compliance with applicable laws.”