Finally: Federal Judge Challenges Consitutionality of Colorado Foreclosure Law

In a case that is bound to be watched and probably the first of many to come, a Federal Judge found that the constitutionality of the greased lightening judicial sale is probably unconstitutional and cancelled the sale of a home in foreclosure.

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.

The part of the law that the Judge finds troublesome and that the rest of us find is absurd is that in lieu of actually providing the court with evidence, lawyers can assert that their client has the right to foreclose, thus delegating the function of the Judge to the lawyer for the bank. When I first saw that I said it was nuts and would never stand up. Now we’ll see what the Judge does, but my bet is that there is no way for him or the bank’s attorney to justify that obvious breach of basic  rights of due process. That takes us back to Salem where an accusation could get someone killed for being a witch.

 

Federal judge questions constitutionality of Colorado foreclosure law
http://www.denverpost.com/breakingnews/ci_23184955/federal-judge-questions-constitutionality-colorado-foreclosure-law

60 Responses

  1. […] Finally: Federal Judge Challenges Consitutionality of Colorado Foreclosure Law […]

  2. The local news media in Chicago reporting “judicial” (illegal) foreclosure auction sale of a few hundred foreclosed (stolen) homes coming soon.

  3. These were never mortgages. The banksters took our autographs and used them as deceptive tools to overissue poor quality investments in things that did not exist. The mortgages are a master work of fraud & fiction. They aren’t Securities, they aren’t mortgages, they are frauds & phonies.

  4. @bobhurt

    They weren’t “valid” mortgages. None of these foreclosures had a valid mortgage. Period.
    They will NEVER tell you the name of the REAL CREDITOR, mr.bobhurt…why is that? Why?
    Tell me—I’m listening!

  5. Mortgagor Brumfeld is legally right but equitably wrong, of course. The issue IS about whether the mortgagor owes the money, and the mortgage IS recorded with the county clerk to memorialize the right to sell the collateral (the house) to cover the debt in the event of default. And as the Supreme Court ruled in 1872, the note and mortgage are inseparable. http://supreme.justia.com/cases/federal/us/83/271/case.html Furthermore, all mortgage foreclosures are equitable proceedings, and the judge must do what’s fair. That’s why virtually all foreclosures of VALID loans succeed.

  6. Jon Stewart somehow always just misses the mark. Just like the news media and most of the politicians, law enforcement and the regulators. I don’t believe it is a coincidence. Maybe Mr. Stewart is invested in this bankster scam as well. I believe jut missing the mark is part of this Globalist agenda that is intended to be very deceptive.

    Now the Corporate crooks want us to believe the “lost title theory.” Don’t believe them. The banksters never held a title to our properties.

    This is really all about fraudulently inducing a World Tax like a Property Tax to “fix” the fraud of the banks. It is a NATION OF RENTERS SCAM …. that will give the Largesse Investors a lifetime revenue flow to the buildings as well as the land. They are lying greedy bastards.

    Taxation is a control freak mechanism of these crooked banksters. Just like Social “Safety Nets.” It is robbery.

  7. The banks lost their ability to legally foreclose because they wanted to destroy our titles. Well, they failed, when you strip away all of their fraud, our titles are clean.

  8. A Good Morning Laugh ….. http://stop foreclosurefraud.com/2013/05/08/jon-stewart-the-mortgage-electronic-registration-system-is-like-a-key-party-but-instead-of-fking-your-wife-they-lose-track-of-the-deed-to-your-house/

  9. In the good ole days the FED was illegal as well but, the Original note & mortgage never left the Issuing bank. Since 1982, the banks decided they were above the laws of this land and they could chop up our mortgages in a million pieces and overissue investments in a million little pieces and gamble on that fraud. Therefore, they not only abused the public trust, they broke numerous laws and committed numerous felonies without our knowledge or consent. Not just that but, they were insured on the risks they created by a public corporation posing as a private company for $700 trillion dollars more than the properties were ever worth. The banksters belong in prison.

  10. […] Filed under: Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Mortgage Tagged: access to the courts, assertions by attorney for bank, Colorado, constitutionality of foreclosure statute, due process, evidence, US District Judge William Martinez Livinglies’s Weblog […]

  11. In the Good Old Days the Banks foreclosed when you defaulted. The only thing different, the only thing new is that they foreclose when you are not in default to. Yikes! Makes the Good Old Days Sound Good!

  12. In the good old days, when the Second Amendment was not protecting criminals, you knew if you screwed somebody out of something you were going to pay for it. Time to go back to the basics.

  13. More corporate crapola. Since when did the American Dream become going to work for Corporate America….? This country is brainwashed. I think that began with gun control. Take away the peoples gun rights and this is the result…..Corporate imposters have hijacked the country. No one can think for themselves anymore. Welcome to Wally World.

  14. The White House could probably house quite a few of us.

  15. Well Corporate America has managed to steal $60.4 trillion dollars from U.S. TAXPAYERS since 2008 so if there is a “Lack of Funding” we will foreclose on them.

  16. Same thing goes for the entire “public sector” …. we pay their salaries…not vice versa….blood & piss samples please.

  17. Just for Fun. At Christine’s suggestion, My husband (a non attorney) went to work and told his Boss (The Big Guy) that the IRS was a sham and he wanted the company to stop withholding taxes from his check. The Big Guy ROTF and LHAO lost three pounds. I told you Laughter is Healthy and it Tightens the Tummy. Its a Good Thing the Big Boys have worked together for over 30yrs and can take a Good Joke. Maybe if I had explained that his salary of XXXXXX after taxes is XXXX and his mortgage payment is less than X. Maybe they would consider it a financial hardship.

  18. I for one am not paying for their lavish lifestyles or their cocaine & hooker’s.

  19. It is none of Corporate Americas business what I do in my recreational time because I pay my own way. However, these Corporate fascists don’t. Therefore, I demand blood & piss samples from them.

  20. Let me tell you something A-1 A hole I have never collected welfare a day in my life and if I ever do… I PAID FOR IT.. Corporate America is Commie America and I don’t cooperate with Communists.

  21. Maybe my memory is getting a little rusty with age, but I’d attest to the fact you said you approve of and yourself use alcohol and recreational drugs and that no employer should drug test you for a job. What is that teaching your kids? … That Welfare is a Full Time Job? I hope you have a back up plan because with all those not paying their taxes there will be no Welfare or Link Cards left due to Lack of Funding.

  22. Yeah right guest. These behaviors aren’t coming from their parents. The teachers in these schools are the worst role models ever.

  23. Being that almost everything we pay & spend is going to the investors in the fraud, maybe Sheriff Dart should investigate the investors on the North Shore for pocketing everyones money. I sure don’t have it.

  24. Stripes, you said “You know you are fighting with the wall.” My comment to that is … You are 100% Right! On a more serious Note …. Kids imitate their role models, they are not born with knowledge. Be careful of how you Fill and Mold their Young Minds with Your Own Behavior. Recognize your Own Behavior and You will See where theirs is coming from.

  25. Hope the banksters choke on their fraud… if they held title they shouldn’t be worrying about the tax bills. Greedy bastards.

  26. An eye for an eye is what my Grandma always said.

  27. Worry about your own taxes guest. IMFL makes the Plaintiff pay the taxes while in fraudclosure … That’s what they deserve for bringing a fraud suit. Tsk…tsk..

  28. My state of mind is great…yours guest, Im not so sure. You know you are fighting with the wall.

    Anyway my kids friend had to go to a drug & alcohol abuse class for a school punishment for getting caught at a party where there was alcohol present. He told my kid they asked the student’s if they had a family pet die recently. How inappropriate. Sounds like they are trying to make kids depressed and turn to drugs & alcohol. Their reverse psychology crap is evil.

  29. Charles, the IFR was because they FC on people not in default and because the racked up thousands of dollars in fees for their own error and made us borrowers pay for it to avoid FC. EXTORSION!

  30. If you don’t pay your taxes your not going to have a Sheriff to protect you. Or do you think he should work for free like attorneys?

  31. The Sheriff has more power than these moron politicians and I hope he uses it. We all got robbed by these bankster crooks and I’m not talking about the pension money. I am talking about the U.S. TREASURY DEPARTMENT….THE TRUST FOR THE PEOPLE’S MONEY.

  32. If there was no harm there would have never been the IFR settlement. These settlement were to cover up the actual damage!

  33. WHO STOLE HIS PENSION…..? HIS PENSION DOESN’T EVEN EXIST YET.

  34. One minute you speak highly of your Sheriff in Cook county then you turn around behind his back and want to rob him of his pension so you can use it to pay off your debt? Your State of Mind is Messy to say the Least.

  35. KC there is harm and technical there is no loan with the government insure loans because there is no “holder in due course”. The harm is the homeowner is the property owner and as there no actual loan the property is free of that lien. Borrowers have been paying payments to an entity that illegally could not collect! The borrower are out a property and payments.

    The cases are not about what alleged to be made to some other lender because that has no bearing on the party who are falsely claiming a Note due!

  36. Why did you change your name again guest? I could give a shit about your tax bills. You are not in fraudclosure. But..wait a minute…oh shit the State & Federal Governments no longer exist because we are living under an Imposter Government so holy shit, all your money is going to imposters.

  37. I never asked for any communists or communist sympathizers to save me or my bacon.

  38. Oh Shoot! The Public is the State! The State …. Oh Boy! State Real Estate Taxes! Oh Boy! I paid mine in Full last Friday! Oh Boy! Escheat to the State! State Trumps Fed! Oh Shit!

  39. Let me guess….Russia & China are the “new investors” in all of the Wall Street fraud. Hey…weren’t they the Issuers of the fraud as well? Screw them.

  40. The 401k investors who left their money in there got back what was stolen. Those who were shitcanned from their jobs or forced to retire early took a hit. That is what Corporate America does to the little guy. They suck the equity out of everything and leave you unemployed, broke & homeless.

  41. I’m not going to cry you a river Stripes, no more than I plan to argue with you. I will give you three guesses who the New Investors are and why No Attorney or Investor will save your Bacon from Burning to a Crisp!

  42. TBTF meaning the Wall Street investors who were insured to the tune of $700 trillion dollars backed by our $12 trillion dollar initial investment. That’s not overleveraged….that’s sadistic.

    The 401k investors had nothing to whine about, they asked for it. Those of us who bought property as an investment could have never known what they were doing. That is why the Constitution protects our Life, Liberty & Property. Not investors bad gambling habits on Wall Street.

  43. I am talking about the bailout of TBTF… The 401k investors knew they were gambling with their pension money so cry me a river. We did not know Wall Street was gambling with our autographs. Mayor Daley said there is $155 billion dollars in policeman’s & fireman’s pension money missing before he left office & expect big property tax increases by 2014. Our property taxes are too high now. That’s the fascism I’m talking about. The policeman’s & fireman’s pension money was always a ponzi scheme just like everything else so why are we paying for it? It is robbery plain & simple.

  44. Not Quite there yet Stripes … but you are close. The bail outs went to Wall Street Investors, they let Main Street Investors (401k and Private pensions and Public pensions) take the losses. Main Street Investors didn’t get Notta from the bailouts except more losses! P.S. … In Illinois the State and Public Pensions are Protected under the Law. Why do you think if the Madigan proposal passes they will be sued by the Pensioners? Because the proposal is Unconstitutional!

  45. TOO BIG TO FAIL ARE NO MORE THAN A PUBLIC UTILITY FUNDED BY THE AMERICAN PEOPLE & INVESTED IN BY OUR ENEMIES BOTH FOREIGN & DOMESTIC. ROB & FRAUDULENTLY CONTROL BY MAKING US PAY FOR THEIR FRAUD & THEY INVEST IN THEIR OWN FRAUD FROM BEHIND THE SCENES IS ALL THEY DO.

  46. Investments in 401 ks and Corporate pension funds are not protected by the Constitution. Those bailouts were robbery and so are all of the other fascist draconian measures these politicians have rammed down our throats all for the benefit of the TOO BIG TO FAIL CORP OF INVESTOR THIEVES AKA CORPORATE AMERICA.

    That’s right America, Obama, the politicians, the cops, the firemen, the military, the banks, GM..you name it….they are all funded by We The People. TBTF are one giant Corp of thieves funded by us disguised as Private & Public Sector workers. Well, they are not….TBTF IS ONE GIANT CORP WHO STEALS EVERYTHING FROM US AND HANDS US THEIR BILLS. TBTF GAMBLED AWAY THEIR WORKERS PENSIONS & RETIRMENT MONEY & HANDED US THE BILL.

    HANDS OFF OUR HOMES, PROPERTY & BUSINESSES YOU CORP OF TBTF GAMBLING BANKSTER THIEVES & PAY YOUR OWN BILLS…..!

    We The People are through being their suckers, shrimp on their treadmill and paying for their lavish lifestyles, gambling problem, private corporate jets, cocaine & hooker’s.

  47. P.S. I Like Neil and I Like Chicken Too! Especially Southern Fried!

  48. Who was it that said … “Its the Title Stupid” ? Oh Yeah, it was Neil! Any Guesses why there is such a small number of houses on the market with so many foreclosures? And why housing prices including building are on the rise? Oh Right! The Titles! Plow them down or Sec*8V and Rentals. Those rental incomes should cover MERS asses for quite some time don’t you think?

  49. Hey Charles … If it Helps any … It comes back to Bite them in the Ass eventually. Sooner for the Wise and Later for those who Signed the Mods. When are they going to tell the homeowners/borrowers what Irreparable Harm was caused to them? Who was it that asked that Question? Good Question! A Very Good Question Indeed!

  50. Sure it is Charles, but as long as the homeowner was in default there was no harm to them and that is the way the courts looked at MERS for the first couple of years, heck what was the big deal, a bad title here and there. Until the wave of unmarketable titles hit and most homeowners found out after a refinance and a release of the new lender from any actions their previous (now non existent lender) had done or may have done. Try to Sell that to a Buyer trying to get a loan.. Its not going to happen. Any Cash Buyers Out There?

  51. Let ask in the case of government insured loan and the fraudulent foreclosures were titles are fabricated so that a servicer working for the government is illegally seizing private property. This action is unconstitutional!

  52. Poor Christine … can not afford her home after her divorce and is tied up in a long and lengthy lawsuit and is trying to avoid paying any and all taxes. She is right about one thing .. they will never go away and they will come for her just like they did Stripes. Right Stripes? Same Ole’ BS ….. ! I am sure the Fact we can afford our mortgage and the “Voluntary Dismissal” of our case really gripes her in the ass because it means no lawsuit for us. We have always worked for and paid for what we have and have never asked for something for nothing….. Greedy People would disagree with us. Oh Well!

  53. WOW Christine …. And I thought Stripes held the Record for Jumping to Conclusions. You are not even close … Ice Cold as a matter of Fact!

  54. KC:

    “I could not stop them from stealing our pension monies and our 401K monies and I could not stop them from raising our taxes to cover their theft.”

    Full of the same smelly thing. Shit, crap, doodoo, pick your word. Stinks the same way. Your husband is an attorney who believes in “federal”. He’ll lie down like any other whore in the world. You lost your investments? Attorney hubby wasn’t smart enough to save it, was he now…?

    Choose your master. He obviously chose his.

  55. A federal judge comes to his senses, Huh?… Found religion all of a sudden?

    Time for “federal” anything to come to theirs. Or… “federal” means jack. Oops! “Federal” doesn’t mean anything, indeed. Except that you pay taxes to “federal” and it does what it wants with it: your taxes keep “federal” alive and well fed. And since you keep paying, as good little boys and girls, “federal” ain’t going anywhere any time soon.

    Well… “federal” was just the beginning of “global”. And you’re still being good little boys and good little girls.

    Start at minute 21:00. Amazing, though: people actually leave the state they were born in (CA for Joe Banister) and move to another state just to get the hell out of “federal”. Is that a great country or what?

  56. After all these years of saving … I could not stop them from stealing our pension monies and our 401K monies and I could not stop them from raising our taxes to cover their theft. I can not stop them from stealing our promised SS we paid in on for over 30yrs. But I can keep them from stealing our home. We have no debt and we will fight til the end. We don’t have a hardship and we can afford our home … Why would they fight so hard to steal it anyway? Oh Right! Its in the publics best intrest to FC and avoid the banksters having to repay all the credit default swaps, ins and bail out money, oh and the lawsuits by the homeowners for the slandered unmarketable titles, the false credit reporting, the fees, the legal expenses etc. etc.. etc…. Because they would fail… and they are TBTF…

  57. Prove Up or Sit Down and Shut Up! Standing Room Only!

  58. Kangaroo Kourts seem to be the new thing in justice for all. Justice for the people with money, but none for you.

  59. Great anaylsis!

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