The Constitutionality of Colorado Foreclosure Law: US Bank Walks Away from Foreclosure on Aurora Woman
US Bank walks away from foreclosure on Aurora woman
US Bank on Friday backed down from its efforts to foreclose on an Aurora woman whose federal court battle against it has taken on the constitutionality of Colorado’s foreclosure laws.
Just days after lawyers for the bank told a federal judge they’ve always had the original documents necessary to foreclose on Lisa Kay Brumfiel’s tri-level house legally — and U.S. District Judge William J. Martínez said to produce them — the bank rescinded the whole thing.
Despite the move to make a nearly two-year nightmare to save her house go away, Brumfiel on Friday insisted she’s pressing on.
“I would rather risk losing my house again than to selfishly watch this corrupt process continue for others,” said Brumfiel, a 43-year-old part-time saleswoman who took on the court battles without a lawyer. “I know too much, and I don’t want the blood of it on my hands.”
But the ultimate decision might now be out of her hands.
US Bank on Friday told the Arapahoe County public trustee to withdraw the foreclosure case it filed in September 2011, then filed a request with Arapahoe County District Court Judge J. Mark Hannen to dismiss the order he signed last December to sell Brumfiel’s house.
Closing the foreclosure case is automatic. The motion to the judge is not.
The bank’s move could be a tactical one, legal experts said, designed to make not just Brumfiel’s foreclosure go away, but her federal lawsuit, too.