Colorado Judge Slams Brakes On Foreclosure As Homeowner Claims Bank "Showed Up With A Forged Document" To Rule 120 Hearing In Attempt To Take Home

In Crestone, Colorado, Boulder Weekly reports on the successful effort of homeowner Wooddora Eisenhauer, 70, to get a judge at a Rule 120 hearing to slam the brakes on the bank some believe is the home lending industry's 'stagecoach to hell' - Wells Fargo, and an ostensibly illegal foreclosure attempt:

• The third and current foreclosure involves her primary residence, a 650-square-foot, one-bedroom, one-bath home that Wells Fargo is attempting to foreclose on after buying the loan from Washington Mutual, Eisenhauer says. At her March 1 Rule 120 hearing, the administrative procedure held to determine whether a house can be foreclosed on and sold, she claims that Wells Fargo “showed up with a forged document.”

• She and her attorney, Erich Schwiesow of the law firm Lester, Sigmond, Rooney and Schwiesow in Alamosa, argue that the first page of the promissory note clearly did not match the rest of the document, in part because it didn’t have the same fax stamp. In addition, they claim, the initials and signature on the document do not match Eisenhauer’s handwriting.

• “It was clear it was manufactured,” Schwiesow says, adding that a local judge agreed and denied authorizing the sale of the property. Wells Fargo initially filed a motion asking the judge to reconsider the decision, but dropped that motion [last] week.

For the story, see Twice bitten? Second Crestone resident claims fraud.

Thanks to Bill Collins of Frontier Abstract, Rochester, NY for the heads-up on this story.