July 7, 2017
A Colorado County Court Judge has granted the homeowner’s motions for reconsideration and to transfer an eviction case from County Court to the District Court to be consolidated with an action which was filed before the eviction case was filed. Jeff Barnes, Esq. represents the homeowners. Mr. Barnes had filed an independent action under CRCP 60(b) seeking the vacatur of an Order dismissing the homeowners’ previously filed challenge to the foreclosure. The 60(b) action was pending in the District Court when the foreclosing party filed an “FED” (forcible entry and detainer, a/k/a eviction) action in County Court, as the County Court generally has jurisdiction over FED actions.
Mr. Barnes argued at the FED trial that the County Court had no jurisdiction to proceed given that the homeowners had raised defenses to the foreclosing party’s claim of title to the property, which issues are outside of the County Court’s jurisdiction. The Judge who conducted the trial disagreed and proceeded, but advised that a Motion for Reconsideration would be reviewed if filed.
Although there is no requirement to file a Motion to Transfer an FED case to the District Court under this procedural situation, Mr. Barnes filed such a Motion and a Motion for Reconsideration of the trial Judge’s decision to proceed with the FED action. The presiding Judge in the FED action granted both of Mr. Barnes’ Motions, finding that the County Court had no jurisdiction to continue with the FED trial (which was held on June 28, 2017), and transferred the FED action to the District Court to be consolidated with the previously filed District Court case.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com