Federal Judge Questions Constitutionality of Colorado Foreclosure Law


Federal Judge Questions Constitutionality of Colorado Foreclosure Law

A federal judge on Monday made the rare move to stop the foreclosure auction of an Aurora woman’s house in a case that squarely takes on the constitutionality of Colorado’s foreclosure laws.

U.S. District Judge William Martinez issued a preliminary injunction against the sale of Lisa Kay Brumfiel’s four-bedroom home, scheduled for Wednesday in Arapahoe County, until the judge can decide whether parts of state law are unfair to homeowners facing the loss of their house.

At issue is a provision in state law that allows lawyers to assert that their client, typically a bank, has the right to foreclose on a property even though they might not have the original mortgage paperwork to prove it.

What makes the case compelling isn’t just that a federal judge was persuaded to step into an issue involving state law — extremely difficult to do — but the plaintiff in the case is a part-time saleswoman who has taken on the battle without a lawyer.

Rest here…



One Response to “Federal Judge Questions Constitutionality of Colorado Foreclosure Law”
  1. thegrey55 says:

    While this story is encouraging because a federal court Judge decided to look into Colorado’s (unconstitutional) foreclosure statutes I would ask you not to refer people or link the story to the Denver Post article by David Migoya.

    The Post has been disingenuous in its investigative reporting in these matters, especially where Larry Castle, Castle, Stawiarski, LLC are concerned and the extent to which the Banks have been willing to go to prosecute foreclosures here in Colorado.

    The Post and its investigative reporters, like every other news agency in Colorado and around the country seem only willing to scratch the surface in their investigative reports, clearly exhibiting a desire to make the headlines and pull in the readers for instant gradification and then they are gone. This story in Colorado runs so deep and involves lawyers, judges, district attorneys, attorney generals from here and other states, public trustees and clerk and recorders and the trail of corruption runs straight to the TBTF Banks but nobody wants to travel that road.

    This story by the Post is a perfect example of an opportunity missed, deliberately or due to ignorance of the facts, makes no difference it is bad reporting. It gives the impression that other than the fact that Colorado’s foreclosure statutes might be unconstitutional that this lady would have lost her home but that couldn’t be farther from the truth.

    The truth of the matter is the statement about MERS not being able to foreclose in its own name in colorado, therefore, it assigns note and deed of trust over to the lender or the party claiming to be the holder of the note so that, with the assistance of law firms such as Castle, Stawiarski, LLC., someone can proceed with foreclosure. Lets get the story straight here, MERS never has, never had and never will be named in anyones promissory note and not one lender has ever given over rights held in the note to MERS. MERS has argued this same fact in several courts and just as it states in their member rules: MERS does not own the note and never takes possession of it and collects no money from the borrower. Then how is it, to conform with Colorado foreclosure laws, MERS all of a sudden is issuing assignments of trust deeds wherein they also claim to assign the borrowers note and all rights to it along with the trust deed. Without consideration, physical delivery and authorized signatures, hell, without the actual note itself. This is the guts of the story here in Colorado and we are the only state in the union that has such one sided statutes on the books that an attorney can just sign an unsworn document and proceed with foreclosure based on an assignment that did not and could not have taken place.

    I offered up reams of documents to the Post and California’s AG that are proof positive that one bank in particular is still running a foreclosure mill conspiracy right in AG Harris’ back yard, I got little to no interest from the Post and was completely ignored by AG Harris’ office, even after I sent copies of the documents to the AG’s office through a personal appointee of the Attorney General.

    Senator Warren now has the better part of the documents I have collected and only time will tell if she too is only interested in the dog and pony show like so many others. Stop giving credit where none is due. When someone writes a story and fails to correct obvious errors or improper assertions by oppossing parties they do an injustice to us all by perpetuating a lie and these lies are putting honest people in the streets, homeless, because the criminals are running all three branches of the state and local governments from behind the curtain and the free press is apparently free to ignore it all.


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