November 4, 2016

Per our prior post, the Colorado Supreme Court is holding a public hearing on proposed changes to CRCP 120, which governs the institution of non-judicial foreclosures, on the afternoon of Thursday, November 10, 2016. Mr. Barnes will be speaking at this hearing. Several homeowners groups will also be in attendance.

CRCP 120, notwithstanding subpart (d) which permits the filing of an independant action to challenge a foreclosure upon the issuance of an Order Authorizing Sale (OAS) following a CRCP 120 hearing, has a host of problems both procedurally and substantively. It is only one of two “probable cause” type proceedings in the entire United States which permit the scheduling of a foreclosure sale in the context of a non-adversarial, quasi-administrative proceeding with no benefit of discovery; a presumption in favor of the foreclosing party; and a “guilty until proven innocent” structure.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com