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Sanders Ruesch & Reeve Press Release

January 20, 2012

SOUTHERN UTAH ATTORNEY WINS FEDERAL COURT VICTORY IN FORECLOSURE PROCEEDING

HURRICANE, UT – In a rare ruling Hurricane attorney, Benjamin Ruesch, has partially won a victory in Federal Court in favor of a southern Utah couple facing foreclosure of their home.

Senior U.S. Judge Bruce Jenkins ordered the preliminary injunction against Bank of America and its subsidiary ReconTrust Company to remain in full force and effect until modified by the Court. He enjoined the defendants from conducting any foreclosure proceedings. The Judge questioned whether a federal law governing national banks pre-empted state law which states only a Utah attorney or Title Company can foreclose on a home.

The judge required that ReconTrust produce an original promissory note in order to proceed with the foreclosure saying, "ReconTrust...are enjoined by this court to take no further action until further order of this court."

Other federal judges in Utah have routinely dismissed such arguments against ReconTrust’s role in foreclosures. ReconTrust has halted filing initial foreclosure notices.

If you would like more information about this topic please visit www.SRRlegal.com or call 435.635.7737.

Sanders & Ruesch Press Release

Mar 22, 2010

New Law Firm Opens Doors in Hurricane
Awareness of Experienced Legal Counsel

HURRICANE, UT – Hurricane based Attorney, Roger J. Sanders, of Roger J. Sanders, PC, has partnered with fellow Attorney, Benjamin Ruesch, of Ruesch Law Firm, PC, to form the Law Offices of Sanders & Ruesch, PLLC. Their new office is located at 1015 West 100 North, Ste. 1, Hurricane, UT.

Roger Sanders has practiced law across Utah for over 30 years. He has served as counsel to public and private irrigation and water companies. He has also served as Trustee and President for various non-profit entities across the state.

Benjamin Ruesch, who grew up in Hurricane and graduated from Hurricane High School believes the area could use additional legal resources. “Hurricane Valley already has quality attorneys to consult here locally. But I think the area is underserved due to the growth that has occurred over the past 10 years, and more quality attorneys are needed for consultation. Instead of driving into St. George to do this, people can just drive a few minutes to obtain quality legal representation here in town.”

Roger Sanders announced, “The new firm will continue to emphasize its practice in Utah Water Law and Real Estate, as well as service clients with legal needs involving transactional or regulatory assistance.” The firm will also continue to serve all of Southern Utah.

Creating and Updating Living Wills Essential When Major Life Events Happen

By: Benjamin Ruesch, Esq.

With the recent passing of Utah’s adopted celebrity Gary Coleman, star of Different Strokes, much attention has been brought to the fact that his life was terminated at the direction of his ex-wife Shannon Price. She was given the full authority to do so pursuant to an Advance Healthcare Directive, more commonly known as a “Living Will,” which had been filed with the Utah Valley Regional Medical Center. It was subsequently discovered that the pair had been secretly divorced in August of 2008. For that reason, several have questioned whether Shannon had proper authority to remove life support. As a matter of estate and life planning, one should always properly update legal documents to account for major life events such as divorce or the birth of a new child. Doing so will avoid potential legal battles between family members and friends.

As a practical matter, it is very easy to update or create a Living Will because in 2008, Utah passed the Advance Health Care Directive Act. Part of the intent of passing this Act was to make it easy for everyone to have their medical wishes known upon incapacity or death. By using the statutory form found at §75-2a-117, one can easily make his or her own living will and subsequently file it with the local hospital or doctor’s office. The form consists of a health care power of attorney and a living will. It is strongly advisable for all to use this statutory form for one simple reason: pursuant to the statute, the form is presumed valid, which means that one desiring to challenge the validity faces a major uphill battle in establishing otherwise. An attorney that drafts something more complex or different than the statutory form is not serving the best interests of the client.

Having an updated living will helps set forth the type of medical care and attention you desire, in case of emergency. Medical staff, including doctors, nurses, etc., must abide by the directives given in the will or face legal liability. Of course, it is a commonly known that nobody likes to think about death or incapacity. And even though major life events seem to occur at the worst time, it is very essential to be responsible and plan for life’s contingencies. Creating and updating one’s Advance Healthcare Directive is a simple, free (or inexpensive) way to do so.

For more information about living wills, and to get a blank copy of the statutory form you can visit either www.sandersrueschlaw.com or contact Mr. Ruesch at (435)635-7737 to schedule a free consultation to discuss your individual estate and life planning needs.

Click to read Benjamin Ruesch's bio.

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