Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Saturday, May 11, 2013
Steady Stream Of Lawyers Pour Out Of Woodwork Offering Pro Se Homeowner Free Help After Judge 'Green-Lights' Her Constitutional Challenge To Colorado Foreclosure Laws; She Finds Sudden Turn Of Events "Mildly Amusing" But Is "Grateful"
In Denver, Colorado, The Denver Post reports:
More than a dozen lawyers have surfaced with offers to help an Aurora woman in her constitutional challenge of Colorado's foreclosure laws, a case she has battled on her own for about two years.
After a federal judge's temporary injunction Monday that looks to take on whether homeowners facing foreclosure are treated unfairly, Lisa Kay Brumfiel said her solo plight is finding new followers.
"There's just been a steady stream of them," the 43-year-old part-time saleswoman said of the attorneys offering to take on her case for free.
She says she's not bitter that they weren't there to help her before — "Everyone wanted to be paid, but you're facing foreclosure because you can't even meet your house payments," she said — and hopes she can have a team of them take on Colorado's foreclosure process.
That law allows a lender to foreclose with only the signature of its lawyer saying it has the right to do so. That happens with only a photocopy of the mortgage — which in Colorado is called a note — not the original or even a certified copy, and the lender doesn't have to prove it owns the note.
Brumfiel said that lawyer's signature, called a statement of qualified holder, violates her constitutional rights to due process under the 14th Amendment. The bank should be required to provide proof that it owns the note and the right to foreclose, she said, not just possess a copy.
"This theory of 'show me the note' has been tried in many courts without success, but Colorado law is unique in that a lawyer's signature is simply good enough," said Keith Gantenbein, an attorney who has offered to help Brumfiel. "This is an extremely important chance to change a very bad law."
Martinez set a hearing for May 15 to take on the issue.
Said Brumfiel: "I find it mildly amusing (the lawyers) show up now, but I'm grateful the table is turning and they're interested."
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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