HB 2006 1387 “Rule 120” Hearing History

“Rule 120” passed in 2006-7 - this article explains the who, what, where, when and why behind the conning of the
Colorado legislature and Colorado Trustee’s into the trashing of due process for Colorado homeowners in favor of
giving the banks and foreclosure mills a Kangaroo Foreclosure court. Crimes galore once our enforcement agencies
start doing their job.

In the original Bill of Rights, the Fifth Amendment to the U.S. Constitution declares “No person shall be deprived of
life, liberty, or property, without due process of law.” The Fourteenth Amendment to the U.S. Constitution declares
“Nor shall any state deprive any person of life, liberty, or property, without due process of law.”

Unfortunately, there are Colorado laws and procedures which have and continue to deprive our citizens of our
property without due process.

Title 38 Article 38 of the Colorado Revised Statutes, which sets the documentation requirements in foreclosures,
violates the constitutional right of due process by allowing the foreclosing party in a dispute over property to “certify”
only that they have the right to foreclose. Without any evidence of legal chain of title with real consideration paid for
any assignments to prove to the Court and Trustee that they are the note holder in due course or legaly representing
the note holder in due course.

Colorado Court Rule 120, which sets the procedures of foreclosure 120 hearings, violates the constitutional right of
due process by severely limiting the scope of arguments that are allowed to be considered. As stated by the Adams
County 120 Hearing Packet, there are only two defenses to a Rule 120 action:

1) The money is not due, or

2) the action is barred under the Service Member Civil Relief Act

Some of the established standards of Procedural Due Process excluded by 120 hearings are:

1) The right to an unbiased tribunal. 2) The right to know opposing evidence 3) The right to call witnesses. 4) The
opportunity to present reasons why the action should not occur.

The constitutionality of our foreclosure laws were recently questioned by U.S. District Judge William Martinez when
he said "Colorado is the only state in the country that allows an unsworn statement by an attorney for a foreclosing
party — without any penalty — to say, 'Trust me, judge, these guys are the qualified holder for this deed of trust. Is
there another state that has lowered the bar for a foreclosure any lower?"

We adamantly agree with the statement of duty made by Douglas County Sheriff David Weaver in his Letter to
Citizens of April 5th when he stated, “As Sheriff, I am sworn to enforce the laws of the State of Colorado, but I am also
sworn to uphold the U.S. and State Constitutions. When these two duties conflict, as I anticipate they will over the
coming months, I will exercise the discretion that you, as the citizens of Douglas County, have granted me, to the best
of my ability.”

hb_1387_presentation_07092014.pptx
Download File
http://prosealliancecoalition.weebly.com/uploads/9/2/3/0/9230461/hb_1387_presentation_07092014.pptx
HB 1387: Section 7 Provisions effective July 1, 2007
 38-38-101. Holder of evidence of debt may elect to foreclose.
 Only one notice of election and demand needs to be filed.
 A “copy” of the deed of trust and/or the assignment or indorsement may be filed with a
“certification” from the holder or a statement from the attorney.
 A combined notice of sale and rights to cure and redeem must be filed.
 A supplemental mailing list must be submitted no less that 60 calendar days prior to the 1 st scheduled
sale date.
 Redefines what must be included in the notice of election and demand.
 If there are multiple evidences of debt, the holder may elect to foreclose on just some of them if
properly identified in all docs.
 Establishes procedures for assignment or transfer of debt during a foreclosure.
 Establishes procedures when a partial release is executed on a deed of trust in foreclosure.
 Expands the electronic transmission of funds to include payments back to the holder or their attorney.

HB 1387: Section 40 (cont’d) Provisions effective July 1, 2007 from document hb_1387_presentation_07092014 in
COTAparalegals.US folder

38-38-404. Replacement certificate issued in case of loss of originals.

This entire section was repealed.
There will no longer be an original. One certificate will be issued, recorded, and retained by the officer.

HB 1387 – Thank you’s! > to all those behind passing new State law to trash current Federal law!
Legislators
Rep. Michael Garcia
Sen. Jennifer Veiga
Attorneys
Rich Krohn http://www.dwmk.com/profile_krohn.cfm

Larry Castle http://www.lawyers.com/denver/colorado/castle-stawiarski-llc-300349-f/ and

http://www.coloradoattorneygeneral.gov/sites/default/files/press_releases/2014/07/16/071514_castle_complaint.pdf

Robert Hopp http://www.stopfraudcolorado.gov/about-consumer-protection/press-releases/2014-12-22-

000000/colorado-attorney-general%E2%80%99s-office

Bob Holmes http://www.bryancave.com/holmes-elected-president-of-prestigious-mortgage-association/

Michael Valdez
HB 1387 – More thank you’s
Ackerman & Associates
Peg Ackerman http://www.denverpost.com/ci_18628865 plus Larry Castle and his law firm, which formerly was known
as Castle, Meinhold and Stawiarski, also retain the same legislative lobbyist as the trustees' association — Capitol fixture
Margaret "Peg" Ackerman — and is her firm's highest-paying client, according to documents filed with the Colorado
secretary of state.
The Castle law firm has paid Ackerman $5,000 a month — $60,000 yearly — since June 2006, records show. The CPTA
pays Ackerman $5,000 a year.
But Ackerman says she's not swayed by the dollars.
 "We've kept it at arm's length," Ackerman said, noting that an associate, attorney Thomas Hill, handles Castle while she
retains the trustees' agenda. "If there was ever a conflict, we'd just stay with the trustees since they were our initial
client."
Some trustees said they bristled when they learned of Castle's connection with Ackerman — but ultimately said nothing.
1. Debbie Wagner [PPT]HB 1387 Presentation.. - Colorado County Treasurers' and ...
www.e-ccta.org/Forms/.../HB%201387%20Presentation.ppt
HB 1387 – Concerning Real Estate Foreclosures ... sponsor the bill and with the help of Peg Ackerman, Debbie Wagner, and Michael
Valdez, set up ... The information and material must be approved by the Attorney General's office, an agency ...

Public Trustees
Roxy Huber, Co-Chair
Jack Arrowsmith, Committee Testimony
Legislative Committee
Appointed Public Trustees
Executive Board