| Colorado Foreclosure Law |
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Glen Llewellyn v. Allstate Home Loans, Inc. d/b/a Allstate Funding
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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)
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Dany L. Clemenston v. Countrywide Financial Corporation
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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.
BACKGROUNDMore... $0 (02-07-2012 - CO)
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Thomas Smith v. Argent Mortgage Company, LLC, et al.
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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)
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Thomas Smith, et aux. v. Argent Mortgage Company, LLC
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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)
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Land Title Insurance Corporation, a Colorado corporation; and Title Acquisitions, Inc. v. Ameriquest Mortgage Company, a Delaware corporation.
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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)
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Robert Yaklich v. Grand County, et al.
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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)
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Allan Russell v. Sherman and Howard, et al.
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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)
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Weis Builders v. Kay S. Brown Living Trust, a Colorado Trust, Ryan S. Brown Trust
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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)
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DR/CR Family, LLLP v. Paula Burger, Gerald M. Quiat, and DWG & Co.
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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)
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Mortgage Investments Corporation v. Battle Mountain Corporation, et al.
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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)
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Club Telluride Owners Association, Inc. v. Dennis Mitchell
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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)
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Wallace R. Noel v. Robert Martin, et al.
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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.
I
In the early 1970s, plaintiff acquired exclusive Pizza Hut franchise rights for se... More... $0 (10-22-2001 - CO)
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Sharon Day v. Richard Shockley, et al.
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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)
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FEDERAL DEPOSIT INSURANCE CORP. v. NOEL
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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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