A U.S. District Court for the District of Utah recently held that state law claims against a national bank for alleged failure to register as a foreign corporation, and for alleged failure to meet
The Plaintiff's complaint asserted claims under the Real Estate Settlement Procedures Act (“RESPA”) and state law against ReconTrust, a national bank, and a number of other defendants. Plaintiff also filed for a temporary restraining order and then a preliminary injunction against the Defendants to enjoin the foreclosure sale on her property because: 1) ReconTrust allegedly had not registered to transact business in
ReconTrust removed the case to federal court based on Plaintiff’s RESPA claims. Plaintiff then amended her complaint to remove the RESPA claims and moved to remand the case to state court. Defendant moved to vacate or modify the state court’s preliminary injunction in federal court on the grounds that the National Bank Act (“NBA”) preempts Plaintiff state law claims.
The District Court denied Plaintiff’s motion to remand and dissolved the state court injunction because Plaintiff’s claims are preempted under the NBA. First, the District Court found that
The District Court also found that the NBA preempted an addition
The District court then dissolved the state court injunction for a number of reasons, but “most importantly, the court dissolved the injunction because…the
Ralph T. Wutscher
Kahrl Wutscher LLP
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