INTRODUCTION
THIS IS A SELF-HELP WEBSITE CREATED AND DESIGNED TO GENUINELY HELP ALL HOMEOWNERS IN THE UNITED STATES, FIGHT FORECLOSURE AND KEEP THEIR HOME. WE ARE NOT A REAL ESTATE INVESTMENT COMPANY NOR ARE WE ASSOCIATED WITH ANY. OUR HOPE IS THAT THIS SITE WILL HELP YOU JOIN THE FIGHT OF MANY, MANY OTHERS WHO HAVE BEEN VICTIMIZED BY THE INSENSITIVE, AGGRESSIVE AND UNLAWFUL TACTICS OF MEMBERS OF THE LENDING COMMUNITY, THEIR ATTORNEYS AND SHAMEFULLY, MEMBERS OF THE JUDICIARY, ALL IN THE NAME OF DENYING YOU YOUR LAWFUL AND STATUTORY PROTECTIONS OF HOME OWNERSHIP AND DUE PROCESS OF LAW!!!
****** Read this completely and carefully. *******
LAWYERS – LENDERS - PUBLIC OFFICIALS.....VIOLATING RIGHTS...VIOLATING THE LAW
1. This site will detail the foreclosure process in a manner that we hope will be understood by as many people as possible in an effort to arm you with the necessary knowledge to defend your home against an illegal foreclosure action. The foreclosure process originally constructed by the legislature, which had been amended and reinforced by the Colorado Supreme Court, is not a very complicated process. Furthermore, if it is enforced and administered correctly and as intended, the process will provide a fairly even balance of protections for you, the homeowner, as well as the lender foreclosing on your home; this, with the exception a couple of recent changes resulting from skewed legislation put in place with the help of the very law firms that are stealing our homes (we'll discuss later).
2. IT IS IMPORTANT to keep in the forefront of your mind that although being delinquent on your house payment is most often what triggers an action in foreclosure on your home, there are numerous other issues regarding your home ownership related rights that must not be overlooked, specifically...... whether the lender that is foreclosing on your home has a legitimate and legal right to foreclose.
3. While this is the fundamental question that effects, by some estimates, well over 90% of residential foreclosure nationwide, it is still the homeowner that has to prove the lender has no legal authority to foreclose instead of the lender having to prove that it does. This order of progression is in direct contravention to the rule of law; that is, Rule 17(a) of the Rules of Civil Procedure which states “An action must be prosecuted in the name of the real party in interest”. With very little variation, Rule 17 is the same for every in the country, federal and state. Think of Rule 17 as an ID proving that you're 21, authorizing you to go into a nightclub and drink. If you can't show an ID to prove you're 21, you cannot go in and have the bartender (the judge in this case) serve you a beer. The bartender has no power or authority to serve you. Furthermore, it would also be counter-intuitive to ID someone on the way out after they've already gotten sh#t-faced.
4. The very same progression holds true when bringing a foreclosure action in court. A bank cannot pursue a foreclosure and take a person's home unless that bank can show that it is legally entitled to pursue the action in the beginning, not after the sale and eviction. Its called “standing”. In order to have standing, you have to be the “real party in interest”.
5. In order to be the “real party in interest” you must be able to show that you are the person or entity that has a “right” that needs to be secured and/or protected. After all, the court system was established and instituted for the singular purpose of protecting rights.
“The duty of this court, as of every judicial tribunal, is limited to determining rights of persons or of property, which are actually controverted in the particular case before it.” Tyler v. Judges of the Court of Registration, 179 U.S. 405, 21 SCt. 206, 208(1900).
6. So....standing to invoke the aid of the court, because a right has been violated and an injury has been suffered, requires the allegation that the bank has a right to be paid by the homeowner lest the bank will suffer a loss. If the bank never did the loan and never bought the loan, how could its rights have been violated and moreover, how can it suffer a loss if not paid?
7. Standing is absolutely necessary for a court to have “subject matter jurisdiction”; that is, any power or authority to hear and rule on the case. Raines v. Bryd , 521 US 811(1997) The Supreme Court has made it clear that a court's threshold determination of its jurisdiction is a prerequisite to any judicial action: “Without jurisdiction the court cannot proceed at all in any cause,” and, thus, “when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.” Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)
8. Remember......2 required elements to have standing to sue: a violation of a right and an injury. NO standing.....NO jurisdiction.
9. Unfortunately for Colorado homeowner's, the law is written in such a way that a bank does not have to prove it has standing to foreclose and sell your home at public auction using a public trustee foreclosure. After a solid 10 year campaign of “home theft” affecting 100's of thousands of homeowners in Colorado, using a process rendering homeowners virtually defenseless in protecting their rights and interest in their homes, the Constitutionality Colorado’s foreclosure laws have been called into question. It is no wonder why the banks and their attorneys have enjoyed a success rate of almost 100% of all homes they have set out to take!
Finally, however, the United States District Court for the District of Colorado currently has at least four cases where the Colorado foreclosure law is being reviewed by the Honorable Judge Philip A. Brimmer and Honorable Judge William J. Martinez, because of the obvious conflict with the due process clause of the United States Constitution.
Macintyre v. JPMorgan Chase Bank NA et al, 2013 CV 01647
Mbaku et al v. Bank of America, 2012 CV 00190
Lewis v. JPMorgan Chase Bank N.A et al, 2013 CV 01375
10. FINALLY AND MOST IMPORTANTLY, you must be willing to FIGHT your foreclosure. It is not as difficult as you might think but if you don’t fight at all, you won’t win. If you fight, you might. Lenders, the attorneys that represent them, judges and public officials are the very LAST persons you can rely upon to see that the foreclosure process is followed lawfully and correctly. If the attorney for the lender decides to cut a few corners here and there, believe it folks, neither the courts nor the Public Trustee’s Office can be relied upon to make sure that the lawful protections for you, the homeowner, are not omitted. The setback of losing your home to a foreclosure, not to mention and illegal one, is more serious than you think and will haunt you for years. A foreclosure on your credit will keep you in a category where the only type of loan you can qualify for is a loan that will put you right back where you are now!
Fight your foreclosure from the beginning to the end regardless of whether you’re behind on your mortgage payments!
THIS IS A SELF-HELP WEBSITE CREATED AND DESIGNED TO GENUINELY HELP ALL HOMEOWNERS IN THE UNITED STATES, FIGHT FORECLOSURE AND KEEP THEIR HOME. WE ARE NOT A REAL ESTATE INVESTMENT COMPANY NOR ARE WE ASSOCIATED WITH ANY. OUR HOPE IS THAT THIS SITE WILL HELP YOU JOIN THE FIGHT OF MANY, MANY OTHERS WHO HAVE BEEN VICTIMIZED BY THE INSENSITIVE, AGGRESSIVE AND UNLAWFUL TACTICS OF MEMBERS OF THE LENDING COMMUNITY, THEIR ATTORNEYS AND SHAMEFULLY, MEMBERS OF THE JUDICIARY, ALL IN THE NAME OF DENYING YOU YOUR LAWFUL AND STATUTORY PROTECTIONS OF HOME OWNERSHIP AND DUE PROCESS OF LAW!!!
****** Read this completely and carefully. *******
LAWYERS – LENDERS - PUBLIC OFFICIALS.....VIOLATING RIGHTS...VIOLATING THE LAW
1. This site will detail the foreclosure process in a manner that we hope will be understood by as many people as possible in an effort to arm you with the necessary knowledge to defend your home against an illegal foreclosure action. The foreclosure process originally constructed by the legislature, which had been amended and reinforced by the Colorado Supreme Court, is not a very complicated process. Furthermore, if it is enforced and administered correctly and as intended, the process will provide a fairly even balance of protections for you, the homeowner, as well as the lender foreclosing on your home; this, with the exception a couple of recent changes resulting from skewed legislation put in place with the help of the very law firms that are stealing our homes (we'll discuss later).
2. IT IS IMPORTANT to keep in the forefront of your mind that although being delinquent on your house payment is most often what triggers an action in foreclosure on your home, there are numerous other issues regarding your home ownership related rights that must not be overlooked, specifically...... whether the lender that is foreclosing on your home has a legitimate and legal right to foreclose.
3. While this is the fundamental question that effects, by some estimates, well over 90% of residential foreclosure nationwide, it is still the homeowner that has to prove the lender has no legal authority to foreclose instead of the lender having to prove that it does. This order of progression is in direct contravention to the rule of law; that is, Rule 17(a) of the Rules of Civil Procedure which states “An action must be prosecuted in the name of the real party in interest”. With very little variation, Rule 17 is the same for every in the country, federal and state. Think of Rule 17 as an ID proving that you're 21, authorizing you to go into a nightclub and drink. If you can't show an ID to prove you're 21, you cannot go in and have the bartender (the judge in this case) serve you a beer. The bartender has no power or authority to serve you. Furthermore, it would also be counter-intuitive to ID someone on the way out after they've already gotten sh#t-faced.
4. The very same progression holds true when bringing a foreclosure action in court. A bank cannot pursue a foreclosure and take a person's home unless that bank can show that it is legally entitled to pursue the action in the beginning, not after the sale and eviction. Its called “standing”. In order to have standing, you have to be the “real party in interest”.
5. In order to be the “real party in interest” you must be able to show that you are the person or entity that has a “right” that needs to be secured and/or protected. After all, the court system was established and instituted for the singular purpose of protecting rights.
“The duty of this court, as of every judicial tribunal, is limited to determining rights of persons or of property, which are actually controverted in the particular case before it.” Tyler v. Judges of the Court of Registration, 179 U.S. 405, 21 SCt. 206, 208(1900).
6. So....standing to invoke the aid of the court, because a right has been violated and an injury has been suffered, requires the allegation that the bank has a right to be paid by the homeowner lest the bank will suffer a loss. If the bank never did the loan and never bought the loan, how could its rights have been violated and moreover, how can it suffer a loss if not paid?
7. Standing is absolutely necessary for a court to have “subject matter jurisdiction”; that is, any power or authority to hear and rule on the case. Raines v. Bryd , 521 US 811(1997) The Supreme Court has made it clear that a court's threshold determination of its jurisdiction is a prerequisite to any judicial action: “Without jurisdiction the court cannot proceed at all in any cause,” and, thus, “when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.” Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)
8. Remember......2 required elements to have standing to sue: a violation of a right and an injury. NO standing.....NO jurisdiction.
9. Unfortunately for Colorado homeowner's, the law is written in such a way that a bank does not have to prove it has standing to foreclose and sell your home at public auction using a public trustee foreclosure. After a solid 10 year campaign of “home theft” affecting 100's of thousands of homeowners in Colorado, using a process rendering homeowners virtually defenseless in protecting their rights and interest in their homes, the Constitutionality Colorado’s foreclosure laws have been called into question. It is no wonder why the banks and their attorneys have enjoyed a success rate of almost 100% of all homes they have set out to take!
Finally, however, the United States District Court for the District of Colorado currently has at least four cases where the Colorado foreclosure law is being reviewed by the Honorable Judge Philip A. Brimmer and Honorable Judge William J. Martinez, because of the obvious conflict with the due process clause of the United States Constitution.
Macintyre v. JPMorgan Chase Bank NA et al, 2013 CV 01647
Mbaku et al v. Bank of America, 2012 CV 00190
Lewis v. JPMorgan Chase Bank N.A et al, 2013 CV 01375
10. FINALLY AND MOST IMPORTANTLY, you must be willing to FIGHT your foreclosure. It is not as difficult as you might think but if you don’t fight at all, you won’t win. If you fight, you might. Lenders, the attorneys that represent them, judges and public officials are the very LAST persons you can rely upon to see that the foreclosure process is followed lawfully and correctly. If the attorney for the lender decides to cut a few corners here and there, believe it folks, neither the courts nor the Public Trustee’s Office can be relied upon to make sure that the lawful protections for you, the homeowner, are not omitted. The setback of losing your home to a foreclosure, not to mention and illegal one, is more serious than you think and will haunt you for years. A foreclosure on your credit will keep you in a category where the only type of loan you can qualify for is a loan that will put you right back where you are now!
Fight your foreclosure from the beginning to the end regardless of whether you’re behind on your mortgage payments!