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Floods – Denial of Coverage

Denial of Coverage for Damage from the Great 2013 Colorado Floods With the massive devastation and destruction to homes and personal property caused by September 2013 Colorado flooding, insurance companies will aggressively be looking for ways to reduce their losses. In many instances coverage will be denied for claims. While not all of these denials … Continue Reading

National Mortgage Settlement & Colorado Homeowners

What the National Mortgage Settlement Means for Colorado Homeowners The National Mortgage Settlement is an agreement between five of the largest residential mortgage loan servicers and a coalition of state attorneys general and federal agencies that resolves violations in the way the banks handled loan modifications and foreclosures. The Settlement is designed to compensate borrowers … Continue Reading

The “Produce the Note” Foreclosure Defense in Colorado

Co-Author:  Tasha J. Power, Esq. Question: I have seen news reports explaining that banks and other mortgage lenders need to produce the original signed promissory note if the lender is going to foreclose on a piece of real estate. I’ve also heard that many lenders can’t produce the original promissory notes. Can I demand that … Continue Reading

Bid Rigging at Trustee Foreclosure Sales

Bid Rigging In certain situations the courts have equitable discretion to extend statutory redemption periods and void foreclosure sales. Courts have the power to set aside a foreclosure sale or extend the redemption period if there has been “fraud, deceit, or collusion.”(E1) One type of collusion occurs when two or more bidders at a foreclosure … Continue Reading