Comments on: Colorado’s Foreclosure Rules Challenged – Prater et al v. Bank of New York Mellon et al

By: Billy Horak

Billy Horak — Wed, 22 Jan 2014 17:38:04 +0000

I petitioned my county court for a ruling 120 hearing last thrusday, we’re meeting this friday in his chambers for the answer, what has been so upsetting is the state as been relucant to provide me representationn. They continue to tell me this is nonjudical like 38 and ruling 120 don’t! My sitition is I’m not on the mortgage but on the Deed and who is on the mortgage is my deceased wife who passed away July 7th 2012 not me I’m only on the Deed. I did make the last 6 months worth of modification payments thru last January only to get a letter last febuary I hadn’t so I stopped and it’s been a year since I have any. What has stunk is their pretending she alive to foreclose, they have only wanted to talk to her not me, they called all last year asking for her when they knew she was dead! I had notify the Public Trustee a few weeks ago she foreclosing on a dead person, first time she had heard ii. Last week not even there own leagl representation in Denver knew I had to inform them! If your’re interested in my case you can reach me Billy Horak at (970)390-2631 or mtnhorak@earhtlink.net William J. Horak Jr. and Michelle Horak

By: fed up

fed up — Mon, 05 Mar 2012 22:12:37 +0000

Beth Mccann has legislature up for review that would force lenders to follow the law in Colorado. As it stands, no mortgage assignments are filed as they occur; they are filed by bank lawyers when the process of foreclosure begins, so it’s not as simple as going to the county office. What homeowners need to do NOW is send a qualified written request to their lender (google for the format), which will provide the homeowner with the paper (assignments, satisfactions, etc) the lender is giving to the bank lawyer. Because it’s just as fraudulent in Colorado as elsewhere, taking proactive measures is critical for those in Colorado. Google all of the signatures; check where the “assignment” was originated, and you’ll be holding the fraud. If that doesn’t piss you off enough to fight it, then let the banks continue to steal homes.
If atty affirmations are required, things *might* change, if homeowners are able to demonstrate to the trustee that the whole thing is just as fraudulent in Colorado as elsewhere, but it has to be initiated by the community. Go to Beths site, and email your representatives regarding the legislation, to be discussed on March 13th- if you don’t, they’ll continue to allow one fraudulent foreclosure after another.
IT IS NOT GOING TO CHANGE IN COLORADO UNLESS YOU FORCE THE ISSUE AND SUPPORT PEOPLE LIKE BETH WHO RECOGNIZE A BIG PROBLEM.

By: Nongkoashie

Nongkoashie — Thu, 28 Apr 2011 03:53:23 +0000

In reply to Nongkoashie.

I’m in California…can I join…

By: Ili

Ili — Fri, 22 Apr 2011 00:01:23 +0000

In reply to Nongkoashie. praterlaw@msn,com

By: Ili

Ili — Thu, 21 Apr 2011 23:43:12 +0000

In reply to Sara Smith. Be patient I forwarded your comment to Mr. Prater. He is working on serveral cases. Keep trying to reach him, it is worth the effort.

By: Ili

Ili — Thu, 21 Apr 2011 23:41:36 +0000

In reply to Nongkoashie.

Mr. Prater has several cases in District Court, to my knowledge this is not a class action suit.
However the more cases flooding the courts maybe Judicial Review will be a reality for
Colorado Homeowners. Contact Mr. Prater directly.

By: Nongkoashie

Nongkoashie — Thu, 21 Apr 2011 02:53:45 +0000

PLEASE ADVISE HOW CAN WE JOIN THE CLASS ACTION SUIT VS BANK OF NY MELLON

Thank You.

By: Sara Smith

Sara Smith — Sun, 17 Apr 2011 20:37:20 +0000

I would like to know the progress on this law suit. We do not seem to have attorneys local to Denver area and Northern Colorado who are willing to provide foreclosure defense.

What is happening in this federal law suit now? I cannot get John Prater’s law firm to return my telephone calls. Thank you.

By: Ili Bennett

Ili Bennett — Fri, 04 Mar 2011 00:57:01 +0000

Please provide contact information for John Prater.

Thank you Ili Bennett

By: Linda Thompson

Linda Thompson — Thu, 06 Jan 2011 21:55:55 +0000

I’m watching this case with interest, although my situation is different . I’m hoping that by posting someone may want to pursue other instances of injustice and corruption that wrongfully dispossesses owners from their homes.
I built my home in Summit County, Co. (Silverthorne) in the early 80’s and have lived there ever since. It’s a 3 story 6800 sqft Victorian on 7 acres with incredible views, a lake, a stream, water rights, bordering Wilderness. Appraised at $1.6millioni.
I paid off the mortgage in 2001. My ex and his friend the judge awarded me 60% of the home and gave me a priority right to buy out his 40% share at any time. Despite orders that the home be ‘fixed up’ before sale so as to bring the best price, ex and the judge decided to sell it ‘as is’ in violation of the Court of Appeals orders. Based on ex’s high ‘as is’ appraisal i couldn’t afford to buy out his share. But when the Receiver appointed to sell the property, instead paid himself over $200,000 for shoddy repairs that actually devalued the property to a point where he said the home was a ‘scrape off’ worth less than $500,000, I obtained financing to save my house .

It appears that the judge and receiver didn’t want me to exert my right to buy out ex’s share, even though I offered more for the house than any other offer. Despite having financing in place for a 10 day closing scheduled in February, 2010…..the court ignored my contract and instead allowed the Receiver to sign a contingency contract for significantly less in a very not-arms-length transaction. (think intimate friend). I tried to file a chapter 13 bankruptcy ‘reorganization’ to exert my state court right to buy out the ex at the highest price. Wealthy ex objected to my reorganization plan that offered to pay bonafide creditors 100%. The house was abandoned back to me/ex and since the friend to ex judge had retired I hoped that the newly appointed judge would allow me my priority right to buy out my ex’s share so we could be done with 8 years of my trying to get the property awarded to me from a 2003 divorce. But the retired judge prevented this and instead, in gross violation of the law, without notice, summons or hearing, evicted me from my own home while it was still under the protection of the automatic stay of the federal bk court. Then, without notice, the Receiver sold the house to the intimate friend AND gave my share, even my mandatory homestead exemption to ex, himself and a few ‘officers of the court’. I am now homeless and living on $890/mo social security, while the Receiver made over $135,000 less mordita, the ex made $250k and a loan he had taken out on his share of th ehouse paid off , the Realtor $76,000, and who knows what % went to the powers that be. My attonrey says: this is WRONG by operation of law…..but will the Appeal Court get me my house back two years from now? I think not. My only hope is for someone somewhere to beg the question of how an owner (60% outright, 40% under contract to purchase for cash) with no mortgage could be evicted and her home sold out from under her.

Sorry to be so long winded, but after having to give away my pets (to good homes, but they are seniors too, livedw with me all their lives, and I miss them terribly), having to see 30 years of belongings thrown out of my house, being homeless in a ski resort town that has no rentals available under $2500/mo, …..all in complete defiance
of state and federal law…..makes me cry out for some relief, some justice.

No one should lose their home to greed and illegality and judicial corruption. And people should care about this; because today it is me, but tomorrow it might be you.