Colorado Attorney Succeeds Again In Getting Another Foreclosure Action Thrown Out As Lender Fails To Establish Legal Standing To Sue

In Douglas County, Colorado, Centennial Citizen reports:

• [Dewey] Gibbs and his wife of 31 years were on the verge of losing their home to foreclosure when he read about a couple who successfully fought a foreclosure in Douglas County District Court. He decided to pick up the phone, figuring, “What have we got to lose?” [...] The phone call was to Castle Rock attorney Michael Robinson, who successfully argued a case for a Larkspur woman in a similar situation. [...] In Robinson’s eyes, Dewey and Diane Gibbs faced a similar situation.

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• On July 9, Douglas County District Court Judge Nancy Hopf found in the Gibbs’ favor in a Rule 120 hearing, a standard hearing designed to give the borrower his or her day in court. Her reason? Deutsche Bank could not prove its interest in the house. “[Deutsche Bank] has failed to show that it is the real party in interest in this matter,” according to Hopf’s order of dismissal. “Only the real party in interest may bring an action such as this Rule 120 action.”

• On the day the Gibbs walked out victorious, 20 other Rule 120 cases went unheard because the borrowers did not respond to the foreclosure notice, Robinson said. "People just give up,” he said. “And they really don’t have to.”

• Robinson has three similar cases in the works and had to turn away a handful of people who called after reading about the Sadler case. Their phone calls came after the Rule 120 hearing date expired, by which time it was too late to file a response, he said. “There’s this little window of opportunity once you get a Rule 120 notice,” Robinson said.

For more, including how the Gibbs reportedly reached an agreement on their mortgage with Option One by sending the lender $3,035 on June 24 in an effort to save their home, only to receive a notice of foreclosure the next day in connection with the same mortgage from Deutsche Bank saying it had, on June 16, begun foreclosure proceedings against their home, see No more ‘grasping at straws’ for couple.

For the post on the earlier Douglas County foreclosure action that was successfully thrown out of court, see Colorado Judge Jams Foreclosure Attempt Due To Lender's Failure To Prove "Legal Standing"; Company Official Found Not Credible.

For other posts that reference the failure of some mortgage lenders and their attorneys to file the required loan documents when starting foreclosures, Go Here, Go Here, Go Here and Go Here. missing mortgage foreclosure docs gamma