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BofA Protests Nevada Injunction
Friday, 28-Jan-2011 3:24PM United Press International
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LAS VEGAS, Jan. 28 (UPI) -- Bank of America is trying to persuade a Nevada county judge to reverse an injunction that prevents 8,900 foreclosures from proceeding, court papers show.

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Nye County District Judge Robert Lane slapped a statewide injunction against the bank's subsidiary ReconTrust Co. from pursuing any non-judicial foreclosures until a Feb. 28 hearing, the Las Vegas Sun reported Friday.

Lane issued the order on behalf of Suzanne North, who filed suit against the bank on charges the bank was fraudulently pursuing a foreclosure on her home.

But bank attorneys had the case moved to a federal court and filed papers saying the bank's foreclosure process was valid and the injunction had tossed a monkey wrench in the state's foreclosure system.

"The order has created enormous upheaval and confusion in the foreclosure process across Nevada and immediate review is required", a motion filed by the bank's attorneys said.

"Approximately 8,920 of such loans have already been directly affected by this injunction", the motion reads.

The attorneys also argued, "The cost associated with delaying one foreclosure is severe."

But attorney John Barlow, who is representing North, said he was seeking class-action status for the case.

"If a company's going to foreclose, they've got to do it right", he said.

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