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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116143
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My question is about quit title law suit in colorado to

Customer Question

Hi, My name is ***** ***** my question is about quit title law suit in colorado to avoid foreclosure and clear the ownership rights on the property
JA: Thanks. Can you give me any more details about your issue?
Customer: we purchased this property in 2005 with community mortgage group who sold the mortgage to countrywide , Mers Bank of america merrill lynch . Now there is and assignment of trust filed in 2013 from bank of america NA and other trust company but they are showing that the beneficiary was community mortgage when this company sold or transfer the mortgage 2005 to countrywide . There is a deed of trust filed in that time where community mortgage transfered the mortgage to countrywide .
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
sorry the question is about quiet title law suit in Colorado to avoid foreclosure and clear the ownership rights on the property . I have done some research about this issues and I have found documents signed for people in the list of robo signed additionally Bank of America and the trust had filed and assignment of trust dated 2013 where the transfer was made from community mortgage group when this company sold the loan to countrywide in 2005. I dont think that they have the right to foreclosure but I want to make sure of this and be able to do something . I have already lost 2 properties and this is the only asset we still have ,all our retirement hard work money had been invested in real state . Thank you for your prompt answer
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to start this case by filing a petition, it is called a petition to quiet title. The Colorado courts do not make copies of such petitions available online so you have to go to the local court library and ask the librarian for the form books to get a template for your petition. In your quiet title action, you would need to show the proof of the robo signed documents to show that the title was not properly transferred. It is always best, ***** ***** robo signing if proven is an unfair and deceptive practice entitling you to attorney's fees, to use a local consumer protection or real estate attorney to represent you in this action to insure it is done correctly the first time, especially since these banks have teams of attorneys and they win cases by out lawyering pro se litigants.
Customer: replied 1 year ago.
I just have verified the robo signers on internet information at fraud digest links and loan safe link every person who signed those documents are in the list . Is there an entity where I can verified robo signers? plus I found out the trust company who claimed the ownership was registered in the same year 2013. This is what I see 1 Assignment of trust filed from Bank of America March/2013 - assign and transfer to Bank of America NA. from community Mortgage group inc. then a filed on Nov 2014 assignment of trust filed from Bank of america where they assigned to A trust from community mortgage too . I do not see a perfection of the contract chain . In 2005 Community Mortgage group transfer the loan to Countrywide . I have trying to talk to lawyer about this but I have not find anyone . could you give me a completed advise about what I should do thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Right, you need to file the petition to quiet title. As I said, because the CO courts do not provide templates for that online, we are forbidden from giving you a copy. You would need to get the template from the form books at the court library.
Also, you can find a lawyer locally at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com and you are looking for a consumer protection or real estate litigation attorney.
Once you draft your petition from the template at the court library, you file it and get a summons form from the clerk and you attach the summons to a copy of the suit and you need a process server to serve the opposing party the summons and copy of the suit and your case would then be set to proceed once the defendant answers the suit.
Customer: replied 1 year ago.
This is a non-judicial and judicial state for foreclosure . Can I filed this petition under the Bk and file a motion to compel mentioning these fraudulent statements, even the frame to appeal against the motion for relief of the automatic stay has been expired? And if so , this action will stop this bank doing anything against our property?
Customer: replied 1 year ago.
Sorry I hope you understand my question . it is hard for me , my first language is Spanish so I am just trying
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You would not file under the BK, even though it is a non-judicial foreclosure, you would file a separate suit in the regular civil court as a Petition to Quiet Title and present your evidence there. It cannot be handled as part of the BK, it has to go to the regular civil court as a completely separate action.
Customer: replied 1 year ago.
what court the filed should go District o judicial court?
Customer: replied 1 year ago.
will you guys can walk me trough the law suit?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the reply.
It should go to district court. Unfortunately, we can only provide limited assistance if you file this yourself, such as answering specific questions. We cannot draft any pleadings for you and we cannot do any case law research for you in your case and we are not a forms database, you have to get forms from the court library form books.
Customer: replied 1 year ago.
Is almost impossible to find a lawyer in Grand Junction to handle this kind of civil real State defense law suit ,
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply, you need to look at the nearby larger cities and use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

Customer: replied 1 year ago.
It have been over 6 month that my loan have been in default , I have talked with the collection agency and applied for loan modification but not answer, they want just key for cash, short-sale of foreclosure. We have been asking them what do we need to reinstate the loan but not answer. I have tried to find a lawyer here in Colorado but they do not work in this kind the lawsuit, so I guess we are in our own,they forced us to be in default so they can be out of our bk . Is there a Breach of the contract when they do not get back to us trying to workout things, we want to keep our property and we told them and I have been asking why they misapplied our payments but not answer. I have requested to the companies involved in my loan for a copy of the endorsement of the deed of trust, It is true that if a mortgage is sold as a security the instrument figured of the mortgage is over so it is so is there a breach of the contract too?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They do not have to reinstate the loan once it is in default. It is not true that lawyers do not work on this type of suit in Colorado, you are not looking for a consumer protection law attorney in one of the larger nearby cities and you need to use the same sites used by other attorney's http://www.hg.org or http://www.lexmundi.com
The bankruptcy is too late, once the foreclosure is done, you have to file to vacate the foreclosure.
Customer: replied 1 year ago.
I guess you misunderstand my question, the Bankruptcy have been filed about 2 years ago. We have not received any notice of foreclosure proceedings yet, Bsi Financial stated that we are not in foreclosure but they have not answer any of our request about what we owed etc.
In a Non judicial court they have to send us a notice of the foreclosure action? If so , we have not receive anything .
I have read the mortgage agreement and said something about the interest changes since June 2015 to a convencional interest fix but does not state what interest and the should send us a notice of the changes but we had not get anything just a big amount that we should paid by September to be current. I called the point contact who was handle the loan modification and he talked us to ignore that note , that we have not to do any payments since we were under hamp loan modification application.
The agreement stated that we need to give them a 15 days notice if we intent to file any lawsuit. Can they proceed within this period to proceed faster to do anything else against us?thank you,
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In a non-judicial foreclosure, they need to send notice 45 days before filing the foreclosure. Then they have to serve you notice that they have filed for confirmation of the non-judicial foreclosure in the court. Then they have to publish notice in the paper for 3 weeks before the sale. If they did not follow this notice procedure, that is grounds to file a petition in court to vacate the nonjudicial foreclosure sale.
Customer: replied 1 year ago.
the first thing we should do is to inform them within the 15 days as stated in the deed, that we are going to filed a lawsuit .
Are we obligated to send this notice to all of them?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if the agreement says you need to give the 15 day notice, you need to do so and you need to get a local attorney and get your suit filed if they never provided you the proper notices on the foreclosure as required.
Customer: replied 1 year ago.
Thank you for you help and as I said before , I am trying to do my best writing in English plus I hardly sleep expending time reading and educating myself about this issues , I am just tired of dealing with this mortgages companies and some lawyer with not ethics that had deal in the past. Like I said before we already lost 2 properties, closed our business , health issues as a result of the housing and stock market crisis , so this is the only thing with still have in hands for our retirementthank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I do understand the language issues and you are doing fine with it.
I understand your frustrations as well, if they did not give you the proper notice, you need to give them the 15 day notice as it says in your deed and you need to have a local attorney represent you and sue them for not giving you the notices as required by law.
Customer: replied 1 year ago.
we want to keep the property because we have been working hard just to add value to the property and we are too old to start over again , I did not want to give up , but honestly being even a legal citizen of the USA I have been a target of to many unfair actions.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understand that, the only way to try to keep the property is filing in court to vacate the foreclosure because they did not follow the proper notice procedures. So your next step here is to hire a local attorney to represent you to file in court.
Customer: replied 1 year ago.
Ok. thanks I keep looking . Will see if we find a good one in Denver, we just can afford 350 every time just to talk to a lawyer to say not we do not take this kind the cases. I need to see one attorney ,who takes a times an look the facts of complaint there is fraud , forgery breach of the contract , predatory lending issues , quiet title etc.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understand. You can find a good consumer protection attorney at the sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 1 year ago.
you are recommending to hire an attorney to vacate a foreclosure, I understand that but how we find out , if the property is foreclosure, do I should look in the public trustee list of properties in foreclosure?
Expert:  Law Educator, Esq. replied 1 year ago.
If they are anywhere in the non-judicial foreclosure process, they still have to file for confirmation in the court. If they have not filed yet and you have not received notices yet, you still need the attorney to try to resolve whatever the deficiency is with the lender to try to stop them from filing anything in court.
Customer: replied 1 year ago.
I will send the letter to the lender about our intention to filed a law suit. An I will try to find a lawyer during this time , if I do not find one or if they prices are to high I will find a paralegal to help me with the process of all the necessary form and file a proseThank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to negotiate with the lawyer, because if there is an unfair practice or predatory loan involved, they can get legal fees paid by the lender as part of your damages.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
ok, thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
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