BELL v. COUNTRYWIDE BANK, N.A.

Civil No. 2:11-CV-00271-BSJ.

860 F.Supp.2d 1290 (2012)

Timothy R. BELL, an individual; and Jennifer Bell, an individual, Plaintiffs, v. COUNTRYWIDE BANK, N.A. d/b/a Bank of America Corporation, a Delaware corporation; BAC Home Loans Servicing, LP, a Texas limited partnership; Recontrust Company, N.A., a national association; and Does 1-5, Defendants.

United States District Court, D. Utah, Central Division.

March 15, 2012.


Attorney(s) appearing for the Case

Abraham C. Bates , Nariman Noursalehi , Wasatch Advocates, Salt Lake City, UT, Steven D. Crawley , Sandy, UT, for Plaintiffs.

Philip D. Dracht , Fabian & Clendenin, Salt Lake City, UT, Amy Miller , Philip C. Chang , McGuire Woods LLP, Washington, DC, for Defendants.


MEMORANDUM OPINION & ORDER

(Fed. R. Civ. P. 12(b)(6))

BRUCE S. JENKINS, Senior District Judge.

I. INTRODUCTION

This matter arises out of plaintiffs' alleged default on a promissory note secured by a deed of trust on their primary residence. On October 8, 2009, defendant ReconTrust, a successor trustee, recorded with the Salt Lake County Recorder a notice of default and election to sell plaintiffs' property to collect on the note....

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