U.S. Supreme Court Refuses to Hear Utah Case Prohibiting National Banks From Performing Foreclosures

The United Supreme Court refused to grant certiori (meaning it will not hear the case) in an important Utah foreclosure case, Federal National Mortgage Association v. Sundquist, 2013 UT 45 (July 23, 2013).

The United Supreme Court refused to grant certiori (meaning it will not hear the case) in an important Utah foreclosure case, Federal National Mortgage Association v. Sundquist, 2013 UT 45 (July 23, 2013). In that case, the Utah Supreme Court ruled that national banks cannot conduct nonjudicial foreclosures in Utah because Utah law specifically states that only trustees can perform a nonjudicial foreclosure and that those trustees must be either Utah attorneys or insurance companies with offices in Utah. By refusing the hear the Sundquist case, the U.S. Supreme Court let stand the Utah Supreme Court's decision.

Since the Sundquist decision, one Utah judge refused to allow the bank to evict a Utah couple who lost their home to a foreclosure where the trustee was a national bank, Recon Trust. To learn more, see National Bank Cannot Conduct Nonjudicial Foreclosures in Utah.