foreclosure
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Colorado Democrats call for legislative action against HOA foreclosures
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Gov. Jared Polis and other Democrats are calling for action after a report revealed homeowner associations have foreclosed on thousands of Colorado properties and auctioned off hundreds due to unpaid HOA fees. In a statement released Wednesday, Polis and four state legislators said the actions of these HOAs exacerbates Colorado’s ongoing housing crisis. Polis said he…
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Federal judge tosses suit against Colorado Supreme Court in long-running foreclosure challenge
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A federal judge last month dismissed a woman’s latest attempt to challenge her 2014 foreclosure in state court, finding the Colorado Supreme Court could not be sued for issuing the procedural rules that affected her case. U.S. District Court Judge Charlotte N. Sweeney also dismissed Holly MacIntyre’s claim against JPMorgan Chase Bank, which the company…
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Colorado Supreme Court rejects ‘perverse’ incentive for foreclosures
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The Colorado Supreme Court on Monday rejected a lower court’s interpretation of the law that could have encouraged mortgage lenders to foreclose more quickly on homeowners exiting bankruptcy, calling the effects of such a ruling “perverse.” The issue before the justices was what impact a homeowner’s discharge from bankruptcy has on the timeline for banks…
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Colorado justices skeptical of ‘free house’ loophole in bankruptcy case
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Members of the Colorado Supreme Court appeared wary on Tuesday of the idea that bankruptcy can trigger a six-year window for foreclosure, after which banks are no longer able to take possession of a home – even if decades remain on the mortgage itself. Beyond the legal and practical concerns behind the “free house” interpretation of…
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Judge’s financial conflict does not require reopening case, 10th Circuit finds
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A federal judge did violate the law when he failed to recuse himself from a case, but there is no need to reopen the lawsuit or overturn his rulings, the federal appeals court based in Denver decided on Thursday. In what appears to be the first ruling of its kind from the U.S. Court of…
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State Supreme Court to examine foreclosure timeline, narrowly turns down DUI appeals
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The Colorado Supreme Court has agreed to review a lower court’s ruling that banks and mortgage lenders argue gives an improper incentive to rapidly foreclose on certain homeowners. On Monday, the justices announced they will hear the case of U.S. Bank National Association v. Silvernagel, which centers on Colorado’s six-year statute of limitations for lenders to foreclose…
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Denver council gives initial approval to HOA requirement to provide foreclosure rights informatio
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Denver City Council approved on first reading a bill that would require homeowners associations to notify homeowners of their foreclosure rights. The bill stemmed from Council President Stacie Gilmore’s district, where at least 50 Green Valley Ranch homes were foreclosed on over unpaid HOA fines. Most homeowners were not given notice of citations and were…
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Denver committee approves bill requiring HOAs to notify homeowners of foreclosure rights
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Denver’s Safety, Housing, Education & Homelessness Committee on Wednesday gave preliminary approval to a bill that would require homeowners associations to notify homeowners of their foreclosure rights. The bill stemmed from Council President Stacie Gilmore’s district, where at least 50 Green Valley Ranch homes were foreclosed on over unpaid HOA fines. Most homeowners were not…
