December 13, 2010
A Yavapai County, Arizona Court Judge has granted the borrowers’ request for a Temporary Restraining Order cancelling a Trustee’s Sale which was scheduled for December 10, 2010. The papers were prepared by FDN’s Jeff Barnes, Esq. and the TRO obtained by local AZ counsel Gary Doyle, Esq., who is working with Mr. Barnes on cases in the Arizona counties of Maricopa, Yavapai, Pima, and Pinal.
Separately, a sale was cancelled in Colorado following Mr. Barnes’ filing of a Complaint and request for Temporary Restraining Order. Colorado’s Rule 120 procedure is also being challenged in a separate action filed by a Colorado attorney. It is our contention that in light of Colorado Supreme Court law from 1998 which expands the scope of matters to be considered at a Rule 120 hearing that Judges who confine such hearings solely to the issues of the presence of a default and whether the borrower is in the military are not following the mandates of the Colorado Supreme Court, thus denying the borrowers of due process.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com