The day it announced a nationwide moratorium on foreclosures, Bank of America asked a U.S. District Court judge to overturn an injunction preventing it from foreclosing on a home in Silverthorne.
Last week, the homeowner, Keith Schwartz, asked the court to sanction Bank of America, its attorney and a bank employee he alleges signed a false affidavit in the bank's effort to foreclose on his home. The court rejected the motion Wednesday.
Alleged false documentation is at the heart of a moratorium that Bank of America and other lenders instituted this month and now is being investigated by attorneys general in all 50 states.
Schwartz, who has not made a mortgage payment since December 2007, sued Bank of America in Summit County District Court in May, claiming the lender had wrongly tried to foreclose on his house in March 2009.
It was the second foreclosure the bank had filed on the property, which Schwartz bought in 2005 for $1.8 million. He owes the bank $1.25 million, according to court documents.
"They voluntarily withdrew the first one due to not following the rules of foreclosure," Schwartz said. "They never notified me I was in foreclosure."
Read more: BofA in battle over home - The Denver Post http://www.denverpost.com/business/ci_16391410#ixzz137HdaElE
No comments:
Post a Comment