Yet, the 'system' doesn't seem to care since: there are a lot of people making money on these illegal foreclosures, and 99.9% of the people have no clue as in how to Defend against the process.
Last year, I responded to the illegal certifications, and have been keeping a detailed record of communications which involved sending Registered and Certified Return receipts, court filings and Judicial notices to Public Officials, which has been 'putting them on notice' that they are in violation of 'their' oaths of office in protecting the rights of its people under the 'Constitution of the United States.'
In filing the latest 18th District Court case 10 - CV 2671 in Arapahoe County, Colorado - I decided to walk into the Denver Post newspaper building, and ended up talking with Aldo Svaldi, a reporter who has been following the recent foreclosure issues. It was Aldo who informed me that, not only had he been writing about the issue; he also gave me the information on a law firm, John Prater, who filed a case against the State of Colorado - 10-CV- 02995-liv-meh .
One thing is certain: this State law is definitely allowing legal firms representing Banks to foreclose on innocent victims. The process allows a firm to merely certify that; they have a security interest in the property: making their claims through a 'Public Official' like the public Trustee of a county who have no desire to validate any such claims, and falling back on the court's decision ... absolving them of an wrongdoing.
In my cases, I have prima facia evidence that: CITIFINANCIAL forged a DEED of TRUST recorded with the Arapahoe County Public Trustee and sent it through the United States mail in July 2009 claiming to own a security interest in my home, when in fact; the Deed of Trust recorded on December 09, 2005 shows another bank's name, without Citifinancial's recorded interest with the Arapahoe County Clerk and Recorder's Office.
The problem is that CitiFinancial PUT THEIR NAME on the recorded DOCUMENT with the same recording information; claiming it was now theirs! That is called FRAUD and FORGERY! there is no perfected CHAIN of TITLE in where they (Citifinancial) ever had any justified assignment from ONE to ANOTHER.
I remain confident that I will prevail, only I'm not an attorney, and have already been put through the 'ringer' in trying to bring this matter to public notice, including; noticing the PUBLIC officials, including the F.B.I., the Arapahoe County Sheriff's Office, the District Attorney's Office, the Colorado Attorney Generals Office, the Colorado Senators and Congressmen and other public officials ... believing that I (We) live in a country that should be protecting OUR rights.
I copied Aldo's article from the Denver Post, without changing anything so that people can go straight to the links to read for themselves, since we need to 'spread' the word that what is happening is happening to each of us ... individually ... while we need to 'Come together' in fighting this problem, and the other problems that 'WE' as AMERICANS are up against in this country.
People in positions of PUBLIC TRUST need to be concerned for our RIGHTS and if they are NOT, they DO NOT NEED to be in OFFICE ... much less prosecuted for their acts of 'Sedition.'
Personally, I have gone through a tremendous amount of effort to protect my home against a fraudulent foreclosure, knowing that 'I am right' in this issue ... however, we live in a system governed by GREED and unconcern ... mostly by people who aren't aware, and by others who aren't affected ... and by others who don't want to get involved for fear itself ... in changing the 'system.'
I seem to be involved because it may be my path, and there's nothing I can do but follow through, until the matter resolves itself. I would like the help of the John Prater law firm, mainly because ... they are a law firm, and that seems to have some merit when it comes to dealing with the 'system' itself. As allies, I have that evidence in the form of the FORGED DEED OF TRUST that could be just the very evidence, they need to make the case. As a pro se litigant, I (we) are not taken very seriously, no matter how much we may be right ... but I do remain hopeful.
At any turn, I do have to follow through, no matter the cost: I have already been through the 'ringer' and have technically lost my house, while maintain a 'Possesory lien' and lawsuits pending the outcome ... but I'm up against some very crafty LIARS ... I mean lawyers and bankers who will stop at nothing to keep the status quo ... and that includes ... buying off the public officials to look the other way.
People ... we need to take more action and become even more affiliated with ONE ANOTHER when it comes to protecting even our most BASIC of RIGHTS under the CONSTITUTION of the UNITED STATES of AMERICA.
Mason -
Below is the article from Aldo Svaldi from the Denver Post ---
Colorado’s foreclosure rules challenged: December 13, 2010
Borrowers say they don’t get a fair hearing from public trustees and limited court hearings.
Aldo Svaldi, Denver Post:
Denver attorney John Prater sued the state of Colorado in federal court Friday, alleging that it is allowing lenders to seize properties without the due process required under the U.S. Constitution.
“Colorado’s foreclosure process and law are unconstitutional,” said Andrew O’Connor with the Prater Legal Offices.
He said borrowers aren’t getting a fair hearing under the state’s current system of public trustees and limited “Rule 120″ court hearings.
Prater is fighting a foreclosure on his Douglas County home and filed a federal lawsuit after failing to get the hearing he wanted in state courts.
Under Colorado’s current system, lenders can foreclose even if a fraudulent origination contributed to the delinquency. They can foreclose even while promising a loan modification that never gets fulfilled. And they can foreclose without ever providing proof before a judge that they have clear legal standing to do so, O’Connor said.
He said Colorado serves a lender’s interest by having judges in Rule 120 hearings address only two issues: Is a borrower in the active military, which allows special consideration, or are they delinquent?
O’Connor comes from Florida, one of 20 states where judges oversee foreclosures. Another 29 states use a private trustee working on behalf of the lender to reclaim property.
Colorado alone uses an elected official or appointee of the governor as trustee.
Defenders of the current system contend that Colorado offers a more balanced approach.
Borrowers have more protections than offered in private- trustee states, without the added strain and costs of putting everything into the courts.
“I am not sure how the judicial system would protect people’s rights that aren’t being protected,” said Mike Rosser, a lending industry veteran and former chairman of the Colorado Foreclosure Prevention Task Force.
Thousands of filings
With more than 40,000 new foreclosure filings expected in the state this year, it would be no small burden to take every case to court, especially since most people don’t ever contest their foreclosures.
A slower-moving foreclosure system would also mean a greater loss in home values, hurting both lenders and the public at large.
Read more: Colorado’s foreclosure rules challenged – The Denver Posthttp://www.denverpost.com/business/ci_16831708#ixzz181B0dWeX
Read The Denver Post’s Terms of Use of its content: http://www.denverpost.com/
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