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Colorado Foreclosure Law

Mary M. Mayotte v. U.S. Bank National Association

District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
   $0 (01-23-2018 - CO)

Dennis Obduskey v. Wells Fargo

District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

Oasis Legal Finance Group v. Coffman

Oasis Legal Finance Group, LLC; Oasis Legal Finance, LLC; Oasis Legal Finance
Operating Company, LLC (collectively, “Oasis”); and Plaintiff Funding Holding, Inc.,
d/b/a LawCash (“LawCash”), operate nationwide, but they began doing business in
Colorado in 2004 and 2001, respectively. They provide money to plaintiffs with
pending personal injury claims arising from events such a... More...
   $0 (11-16-2015 - CO)

United States of America v. Derek Zar, Michael Jacoby and Susanne Zar a/k/a Susanne Hames

Defendants Michael Jacoby, Derek Zar, and Susanne Zar appeal convictions
and sentences arising from their participation in a mortgage fraud scheme. The
government tried the defendants together, but each defendant separately appealed and
filed separate briefs. Because the defendants assert both joint and individual
challenges to their convictions and sentences, we permitted the gove... More...
   $0 (06-23-2015 - CO)

United States of America v. Keith A. Schwartz

DENVER, CO -- Keith A. Schwartz, age 47, of Silverthorne, Colorado, was sentenced by Senior U.S. District Court Judge John L. Kane to serve 180 months (15 years) in federal prison for conspiracy, distribution of a controlled substance and money laundering, United States Attorney John Walsh announced. Following his prison sentence, Schwartz was ordered to serve 6 years on supervised release. Schw... More...   $0 (05-04-2015 - CO)

S.K. Peightal Engineers, Ltd. v. Mid Valley Real Estate Solutions V, L.L.C.

¶1 Petitioners have requested that we review two issues arising from the court of appeals’ opinion issued on interlocutory appeal under C.A.R. 4.2. We must decide: (1) whether entities that did not exist at the time the relevant contracts were completed can still be subject to the economic loss rule through the interrelated contracts doctrine; and (2) whether commercial entities situate... More...   $0 (02-09-2015 - CO)

Lenox MacLaren Surgical Corporation v. Medtronic, Inc., et al.

Lenox MacLaren Surgical Corporation manufactures bone mills, which are
medical devices used in spinal-fusion surgery. In 2000, Lenox began to sell some
of its bone mills through a Medtronic entity, Medtronic Sofamor Danek USA.
The arrangement ended badly: Medtronic Sofamor Danek USA initiated a recall
of Lenox’s bone mills, and another Medtronic entity began to manufacture andMore...
   $0 (08-05-2014 - CO)

United States of America v. Torrence James

This case comes to us with a tortured past and an ironic twist. In this, latest, installment Torrence James appeals from a 108-month prison sentence imposed on remand from an earlier appeal. It is the very sentence he originally expected, based on his plea agreement, and the one he requested after pleading guilty to two felonies. Both

- 2 -

guilty pleas arose from a scheme to fraudul... More...
   $0 (02-27-2014 - CO)

United States of America v. Vicki Dillard Crowe, a/k/a Vicki R. Dillard

Defendant Vicki Dillard Crowe was convicted by a jury of eight counts of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and eight counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, for her participation in a mortgage fraud scheme. The district court sentenced Crowe to a term of imprisonment of sixty months and ordered her to make restitution in the amount of $2,408,142.37.More...   $0 (11-18-2013 - CO)

John Mieme v. Erwin Lsshofer

An unconventional real estate financing scheme presents us with some unconventional legal questions. Questions ranging from whether an Austrian financier should be denied access to the American legal system because he failed to comply with an order freezing his assets worldwide — to whether the district court had the power to issue such a far-flying order in the first place.

Our case st... More...
   $0 (09-06-2013 - CO)

Glen Llewellyn v. Allstate Home Loans, Inc. d/b/a Allstate Funding

Plaintiff Glen Llewellyn filed this action asserting a Fair Debt Collection Practices Act claim, a Fair Credit Reporting Act claim, and a state law outrageous conduct claim against Ocwen Loan Servicing LLC and Nomura Credit and Capital, Inc. (together, the “Ocwen Defendants”) based on their alleged credit reporting inaccuracies, and asserting an FDCPA and an outrageous conduct claim against Ca... More...   $0 (03-28-2013 - CO)

Dany L. Clemenston v. Countrywide Financial Corporation

Dany L. Clementson, proceeding pro se here as in the district court, appeals the district court’s judgment dismissing his claims. One corporate defendant, Bank of America Corporation (“BAC”), waived service of process; the others were not served. Mr. Clementson voluntarily dismissed the individual defendants. The district court entered judgment in favor of BAC. We affirm.

   $0 (02-07-2012 - CO)

Thomas Smith v. Argent Mortgage Company, LLC, et al.

These three consolidated appeals arise from the mortgage refinancing of the home of Thomas and Pam Smith (the “Smiths”). In their complaint, the Smiths assert claims (1) against all defendants to quiet title, for a declaratory judgment, and for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq.; (2) against Argent Mortgage Company for violation of the Real Estate ... More...   $0 (05-19-2009 - CO)

Thomas Smith, et aux. v. Argent Mortgage Company, LLC

These three consolidated appeals arise from the mortgage refinancing of the home of Thomas and Pam Smith (the “Smiths”). In their complaint, the Smiths assert claims (1) against all defendants to quiet title, for a declaratory judgment, and for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq.; (2) against Argent Mortgage Company for violation of the Real Estate ... More...   $0 (05-19-2009 - CO)

Land Title Insurance Corporation, a Colorado corporation; and Title Acquisitions, Inc. v. Ameriquest Mortgage Company, a Delaware corporation.

We granted certiorari in this case to review the court of appeals’ judgment in Ameriquest Mortgage Co. v. Land Title Insurance Co., P.3d , No. 06CA0847, slip. op. (Colo. App. July 26, 2007).1 In this case, which arises from the foreclosure and sale of real property, we are concerned with the application of the principle of equitable subrogation: the right of a payor of an encumbrance on real pro... More...   $0 (05-11-2009 - CO)

Robert Yaklich v. Grand County, et al.

This appeal arises out of Tabernash Meadows, LLC's (Tabernash) failed attempt to create a subdivision called Pole Creek Valley in Grand County, Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit against various defendants, who moved to dismiss. The district court granted the motions. We AFFIRM in part, REVERSE in part, and REMAND as set forth in this Order and Judgm... More...   $0 (05-12-2008 - CO)

Allan Russell v. Sherman and Howard, et al.

Allen Russell has been involved in numerous state and federal legal actions arising out of the foreclosure of certain real property in Denver, Colorado. In the case underlying this appeal, the district court dismissed the action under the Rooker-Feldman doctrine.(1) Mr. Russell, proceeding pro se, filed an opening brief nearly thirty pages long. While that brief recounts many of Mr. Russell's d... More...   $0 (03-20-2007 - CO)

Weis Builders v. Kay S. Brown Living Trust, a Colorado Trust, Ryan S. Brown Trust

Defendants-appellants Kay Brown Living Trust and Ryan S. Brown Trust (the "Trusts") commenced an arbitration proceeding relating to a purported construction contract with plaintiff-appellee Weis Builders, Inc. ("Weis"). Weis then filed a complaint in federal district court, based on diversity jurisdiction, seeking a declaratory judgment that there was no contract between the parties. Weis conte... More...   $0 (03-18-2004 - CO)

DR/CR Family, LLLP v. Paula Burger, Gerald M. Quiat, and DWG & Co.

Defendants, Paula Burger, Gerald M. Quiat, and DWG & Co (collectively, lot owners) appeal the district court's judgment awarding restitution to plaintiff, DR/CR Family, LLLP (shopping center owner), on a claim of unjust enrichment. Shopping center owner cross-appeals certain aspects of the award. We vacate the judgment and remand with directions to dismiss with prejudice.

Lot owners at o... More...   $0 (10-24-2003 - CO)

Mortgage Investments Corporation v. Battle Mountain Corporation, et al.

This case involves a C.R.C.P. 105 action brought by MIC in 1998 to foreclose on its lien of a deed of trust for real property (property) located in Eagle County, Colorado. The majority of the respondents appearing before us claim their interest through Tucker, as we discuss below. We refer to them as the Battle Mountain parties. They filed answers, counter claims, and cross claims alleging that... More...   $0 (05-13-2003 - CO)

Club Telluride Owners Association, Inc. v. Dennis Mitchell

Defendant, Dennis Mitchell, appeals the summary judgment entered in favor of plaintiff, Club Telluride Owners Association, Inc. (Association), for collection of past due assessments and attorney fees pursuant to the Colorado Common Interest Ownership Act, § 38-33.3-101, et seq., C.R.S. 2001 (CCIOA). We reverse and remand for further proceedings.

As an initial matter, we note that Mitchell ha... More...   $0 (07-09-2002 - CO)

Wallace R. Noel v. Robert Martin, et al.

In this legal malpractice action, plaintiff Wallace R. Noel appeals the district court's orders prohibiting the late endorsement of proposed expert Morris, disqualifying proposed expert Oyler, granting summary judgment in favor of defendants, and denying plaintiff's motion to alter or amend. We affirm.


In the early 1970s, plaintiff acquired exclusive Pizza Hut franchise rights for se... More...   $0 (10-22-2001 - CO)

Sharon Day v. Richard Shockley, et al.

In the early morning hours of August 26, 1993, plaintiff Sharon Day and two other individuals were forcibly evicted pursuant to a writ of restitution from a ranch property they were renting, after the property was legally transferred to a new owner through foreclosure. Plaintiff filed this pro se lawsuit under 42 U.S.C. § 1983, alleging a violation of her civil rights. The district court denied pl... More...   $0 (02-22-2001 - CO)


The Resolution Trust Corporation ("RTC"), as receiver for Western Gulf Savings and Loan Association, brought this action against Wallace R. Noel for breach of a promissory note, deceit, and other claims arising out of a failed real estate transaction. Noel asserted numerous defenses and counterclaims against the RTC.

In 1982, Noel bought a piece of undeveloped property near the Colorado ... More...   $2552779 (05-14-1999 - CO)

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