Finally: Federal Judge Challenges Consitutionality of Colorado Foreclosure Law

In a case that is bound to be watched and probably the first of many to come, a Federal Judge found that the constitutionality of the greased lightening judicial sale is probably unconstitutional and cancelled the sale of a home in foreclosure.

U.S. District Judge William Martinez issued a preliminary injunction against the sale of Lisa Kay Brumfiel’s four-bedroom home, scheduled for Wednesday in Arapahoe County, until the judge can decide whether parts of state law are unfair to homeowners facing the loss of their house.

The part of the law that the Judge finds troublesome and that the rest of us find is absurd is that in lieu of actually providing the court with evidence, lawyers can assert that their client has the right to foreclose, thus delegating the function of the Judge to the lawyer for the bank. When I first saw that I said it was nuts and would never stand up. Now we’ll see what the Judge does, but my bet is that there is no way for him or the bank’s attorney to justify that obvious breach of basic  rights of due process. That takes us back to Salem where an accusation could get someone killed for being a witch.

Federal judge questions constitutionality of Colorado foreclosure law
http://www.denverpost.com/breakingnews/ci_23184955/federal-judge-questions-constitutionality-colorado-foreclosure-law

Tags: access to the courts, assertions by attorney for bank, Colorado, constitutionality of foreclosure statute, due process, evidence, US District Judge William Martinez
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