COLORADO'S RULE 120 is UNCONSTITUTIONAL

It is a major fight in the United States in which the COURTS and JUSTICE System seem all too submissive to the Bank's authority. Unfortunately, from my experience, it makes no difference that a Pro Se litigant opposing the CRIMINAL Activity by the BANKING system, has any credibility ... merely because 'We are not part of the Bar.' Very sad and very true.

It is the Banking system which HIRES attorney / legal firms to commit 'Fraud Upon the Court' which conveniently insulates 'them' allowing the 'Officers of the Court' to 'certify the authenticity of a debt' which in our case; has NEVER EXISTED or neither have been engaged in a contract with CITIBANK --- while there remains NOTHING in the PUBLIC RECORD showing any assignment where CITIBANK are the 'Real Parties in Interest.' Yet, the Courts allow the attorneys to stand in open court and testify to the authenticity of a document that is clearly forged ... and get away with it ... even over the STRENUOUS OBJECTIONS of the defendants, who have already asked for VERIFICATION & VALIDATION of the DEBT --- and IGNORED.

While our property was originally purchased in 2000 and later refinanced six years later with a totally different company, it was CITIBANK / CITMORTGAGE who came to claim the DEBT by submitting a declaration as a 'Debt Collector' through their attorneys, Aronowitz & Mecklenberg through the United States Mail with a DEED OF TRUST from Decision One - with their NAME replacing Decision One's - although --- it is a COPY of the DEED OF TRUST that was FILED with the Arapahoe County Clerk & Recorder --- and yet, the Court / Arapahoe County Public Trustee ALLOW the Document to be used in Court proceedings ... which DO NOT ALLOW the Defendants a chance to RAISE the authenticity of the 'CLAIM' because as the courts put it: "This is NOT an ADVERSARIAL Proceeding!"

The ONLY Chance we have is in: GETTING THE WORD OUT --- that our Justice System is being submissive to the Banks --- and so are the authorities like the Colorado Attorney General, The Arapahoe County Sheriff's Office, the 18th District Attorney's Office, The Colorado Senators and Representatives and every SOUL who has been NOTIFIED with CERTIFIED RETURN RECEIPTS - including the NATIONAL Agencies, including the F.B.I., The O.I.P., the O.C.C. and just about anyone else who will listen ... and doesn't!

The HOPE is just this: 'THE TRUTH IS THE TRUTH" and it SHALL come out eventually, and with the recent 'Tide' turning against the Banks with the Government Suing them for fraudulent activities ... it's bound to make a difference, when you 'Follow the Paper Trail' and the evidence --- that the BANKS have committed FRAUD against the AMERICAN people, and for the most part are getting away with it everyday ... one SOUL at a time.

I plan on making a difference in this matter with the Story that is UNFOLDING --- because it can only make sense, when you look at the 'Chronological Events' and know ... my wife has NEVER had any CONTRACT with the BANK and there is NOTHING in the PUBLIC RECORD to prove otherwise - yet they can come in and STEAL from YOU ... because their 'Strong Arm Attorneys' are 'MEMBERS of the BAR' and can MANIPULATE the 'LAW' by the favor of the Courts who 'Lick' their boots.

And for the RECORD - there is NOTHING HERE that IS NOT THE TRUTH for those willing to see and hear, and to stand up for your fellow man. You see, they've been trying to incarcerate me for standing in their way 'Civilly' while I am fighting to protect our property rights from a company who is 'Playing an Economic Game' with YOUR rights in the US, Colorado and YOUR State. IT IS HAPPENING - and YOU should start banding together as a 'People' to make sure that the authorities YOU have elected are FOLLOWING YOUR CONSTITUTIONAL Rights of 'LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS!" I can tell you right now --- that they are not ... and the CHANGE that is NEEDED will be the same change that came in the FRENCH REVOLUTION in the 1700's - The People are getting tired of being SCREWED out of their INHERITENCE in this COUNTRY - I know I AM!

E. COLORADO FORECLOSURE LAW VIOLATES PROCEDURAL DUE PROCESS AND EQUAL PROTECTION

1. PLAINTIFFS WERE DENIED PROCEDURAL DUE PROCESS

Under color of state law—The Colorado Foreclosure Law, plaintiffs were foreclosed. The Foreclosure law provides for a Public Trustee who is an agent of the state administering a process that provides inadequate due process to homeowners.

The rule 120 hearing is discriminatory against homeowners who have no right to a jury and no right to appeal while the Colorado justice system provides a jury and right to appeal in FED action in Colorado for tenants who can appeal from a negative judgement in those proceedings.
Foreclosure of a deed of trust by public trustee's sale under the applicable statutes is activated by a power of sale in the deed of trust. Plaintiffs were subjected to a rule 120 hearing limited to two issues:
a. the debtor is in default and, action collateral to such hearing is necessary to resolve all other issues. (cite)
b. To establish the status of the debtor with respect to military service.(cite)

Borrowers who raise arguments that the Rule 120 hearing won't address, can file a separate civil case. But those who go that route are quickly hamstrung by a requirement to post a "supersedeas" bond in the amount of 125% of the debt.

Under rule 120 hearing (a non-judicial hearing) there can be no appeal, nor a right to a jury trial. The homeowner has no right to raise affirmative defenses. Standing is presumed in favor of the lender upon its averments by the lender or its attorney that the lender is a real party in interest. But, judges routinely accept less than certifiable proof to determine who is “the real party in interest”. A copy of the original deed of trust and certificate of qualified holder which is a form generated by the lender’s attorney without a notarized assignment as proof which brings us to the standard of proof that should be employed in the Rule 120 hearing to determine the lender's claim as a holder of the mortgage..

In PLYMOUTH CAPITAL CO. v. DISTRICT COURT 955 P.2d 1014 (1998)
the court said:

“the scope and purpose of a Rule 120 hearing is very narrow: the trial court must determine whether there is a reasonable probability that a default or other circumstance authorizing exercise of a power of sale has occurred. The test is whether "considering all relevant evidence, there is a reasonable probability that a default exists."

Beyond that narrow determination that a reasonable probability that there was a default, the court does not concern itself of any relevant evidence bearing on the lender's standing as the real party in interest. In Plaintiffs' Response in Opposition to the Motion to Dismiss p12, lns 13-22, plaintiffs said:

The Original holder of the Mortgage and Deed of Trust of plaintiffs was Decision One At the rule 120 hearing, CITIMORTGAGE never produced proof of the assignment from Decision One to CITIMORTGAGE/CITIFINANCIAL of its rights under the mortgage and Deed of Trust in spite of our strenuous objections at the hearing. What CITIMORTGAGE did send to plaintiffs was an altered copy of the original Deed of Trust with their name in the upper left hand corner. [See Exhibit____, item 1 and 2] It was obvious that they made a copy of the original Deed of Trust and replaced it with the name of CITIFINANCIAL. Subsequent to the adverse ruling which did not properly allow the issue of standing which was clearly required by the ruling in Goodwin v. District Court, 779 P.2d 837 (Colo. 1989) Citimortgage foreclosed on plaintiffs.

We objected in the federal court to the sub-standard level of proof that the court allowed CitiMortgage to submit in the Rule 120 hearing.

At pg 13m lns 1-17 plaintiffs said:

The abuses cited by plaintiff in this case regarding a rule 120 hearing are not the exception but the rule. At least two other cases have surfaced raising the same issues—Prater et al vs Bank of New York Mellon et al and BRUCE C. McDONALD vs FEDERAL HOME LOAN MORTAGE CORPORATION Case Number 2010cv6. In the latter case the defendants failed to answer, and the court found that the proof was sufficient to render a verdict against defendant and to quiet title in favor of plaintiff. In that case as in this case the law firm representing the lender in the rule 120 hearing was Aronowitz & Mecklenburg. In both cases the issue was based on the false documents submitted by the law firm to show that the lenders were the real parties in interest. Law firms like Aronowitz & Mecklenburg need only produce copies of those documents accompanied by a “certification of qualified holder,” a document generated by the law firm attesting that the bank has the right to foreclose on the homeowner. Plaintiffs questions, as did the plaintiff Bruce C. McDonald, “How much due diligence did Aronowitz & Meck-lenburg do to verify which bank actually owns the loan.”

What is starting to emerge from these three cases is a pervasive pattern of deception being practiced by the lenders and their respective attorneys like Aronowitz & Mecklenburg, in the various counties in Colorado as well as venues across this nation; and, a pattern of misfeasance on the part of the Public Trustees who are all too willing to accept less than certifiable proof that the lender is the “real party in interest” as the lien-holder. [B,U added]

The 14th Amendment of the United States Constitution states:

... [N]or shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Thus, the Constitution guarantees the protection of fundamental rights of life, liberty, or property from a denial of due process and equal protection of the laws.

The Supreme Court of Hawaii in STATE v. KOTIS, No 18823(1999) said:

The seminal United States Supreme Court decision addressing the due process considerations relevant to the determination of the appropriate burden of proof is Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979). The Addington Court considered “what standard of proof [was] required by the Fourteenth Amendment to the Constitution in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital.” The Addington court noted that the standard of proof by clear and convincing evidence had been required “in civil cases involving allegations of fraud or some other quasi-criminal wrongdoing by the defendant” because “[t]he interests at stake in those cases are deemed to be more substantial than mere loss of money

in Sheehan v. Sullivan (1899) 126 Cal. 189, 193, 58 P 543, the court said "clear and convincing evidence" is evidence "so clear as to leave no substantial doubt" and "sufficiently strong to command the unhesitating assent of even' reasonable mind."

In USLegal.com further states that:

This higher burden is generally employed when the alleged offense has special elements to establish, such as in a claim for fraud, for a lost will of inheritance, or when family members wish to withdraw life support from a loved one. In these and other cases, the stakes at risk are high and the defending party serves to lose a substantial benefit, property, (or especially) personal or fundamental liberty such as those protected under the First Amendment.

Because the Rule 120 hearing involves a property interest which is protected by the due process clause of the 14th and 5th Amendment, the standard of proof before a person’s property is taken should be by “clear and convincing proof” which should extend to the determination of who is the real party in interest with standing to foreclose. But the Public Trustee in the Rule 120 hearing only requires that the foreclosing Lender present a copy of the Trust Deed and an Affidavit, a form generated by the Lender or its' attorney that the lender is the “real party in interest” without even requiring that it be attested to under penalty of perjury. No notarized assignment by the original lender to the foreclosing lender need be provided. When it comes to a claim against the property there should be a heightened burden of proof.

In Colorado, a party filing a claim of adverse possession must establish through “clear and convincing evidence” that the possession is actual, adverse, hostile, under claim of right, exclusive, and uninterrupted for eighteen consecutive years with a good faith belief that the possessor is the actual owner of the property. Colo. Rev. Stat. § 38-41-101 (2010)

The standard of proof which is now employed in a rule 120 hearing is NOT clear and convincing evidence. The standard of proof should be no less than that provided in a claims of adverse possession and as commanded in Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) where the standard of proof involving a fundamental right under the 14th Amendment is “clear and convincing evidence.”

In light of Goodwin v. District Court, 779 P.2d 837 (Colo. 1989) which held that a real party in interest defense must be allowed in a Rule 120 hearing, a “clear and convincing” standard of proof MUST be employed.

The Due Process Clause does prevent the deprivation of liberty or property upon application of a standard of proof too lax to make reasonable assurance of accurate fact finding. Hawkins v. Bleakly, 243 U.S. 210, 214 (1917); Thus, "[t]he function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact finding, is to 'instruct the fact finder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication."' Addington v. Texas, 441 U.S. 418,423 (1979)
Plaintiffs are not limited from raising this argument in support of their claim that they were denied due process in the Rule 120 hearing, for as the court in Lebron vs National Passenger Car Railway, 513 U.S. 374 , at pgs 378-383 said:

Our traditional rule is that “[o]nce a federal claim is properly presented, a party can make any argument in support of that claim; parties are not limited to the precise arguments they made below.” Therefore this due process argument is properly before the court.
In LINDSEY V. NORMET, 405 U. S. 56 (1972) the court said:

This Court has recognized that, if a full and fair trial on the merits is provided, the Due Process Clause of the Fourteenth Amendment does not require a State to provide appellate review, (cites)
Conversely, if a full and fair trial on the merits is NOT provided, the Due Process Clause of the Fourteenth Amendment requires a State to provide appellate review. The Rule 120 hearing does not provide a full and fair hearing, nor does it provide appellate review. The state can deny one or the other but cannot deny both.

The inclusion by the Court of the above statement that “ a full and fair trial on the merits is provided, the Due Process Clause of the Fourteenth Amendment does not require a State to provide appellate review must be read and analyzed in the context of the procedures in Lindsey itself. The complaint in Lindsey alleged that the tenant was limited in the defenses it could set up in the procedure. If the FED action itself in Lindsey was a full and fair hearing which included issues the tenant could have brought in a separate action then there was no requirement for the state to provide appellate review. But, if the FED action in Lindsey was a summary proceeding without appellate review, then plaintiffs believe that the Supreme Court would have held that the summary proceedings would have required the State in the Oregon FED action to provide appellate review to satisfy the Due Process Clause of the 14th Amendment otherwise it would have had no relevance to the case itself and no need to include it.

1. PLAINTIFFS WERE DENIED EQUAL PROTECTION OF THE LAW

In Lindsey, ID at p. 64 the court stated the FED procedure:

The Oregon Forcible Entry and Wrongful Detainer Statute establishes a procedure intended to insure that any entry upon real property "shall be made in a peaceable manner and without force." § 105.105. A landlord may bring an action for possession whenever the tenant has failed to pay rent within 10 days of its due date, when the tenant is holding contrary to some other covenant in a lease, and whenever the landlord has terminated the rental arrangement by proper notice and the tenant remains in possession after the expiration date specified in the notice. § 105.115. Service of the complaint on the tenant must be not less than two nor more than four days before the trial date, § 105.135; a tenant may obtain a two-day continuance, but grant of a longer continuance is conditioned on a tenant's posting security for the payment of any rent that may accrue, if the plaintiff ultimately prevails, during the period of the continuance. § 105.140. The suit may be tried to either a judge or a jury, and the only issue is whether the allegations of the complaint are true, §§ 105.145, 105.150. The only award that a plaintiff may recover is restitution of possession. § 105.155. A defendant who loses such a suit may appeal only if he obtains two sureties who will provide security for the payment to the plaintiff, if the defendant ultimately loses on appeal, of twice the amount.

The FED action in Lindsey like the FED action in Colorado, do have a right to appeal as well as a right to a jury trial even though the actions are summary with a right to file a separate action to determine other issues that cannot be addressed in such summary proceedings. Why isn’t a Homeowner in a Rule 120 foreclosure proceeding offered the same protections as the Colorado FED action or Oregon FED action?

Mason Ramsey - Reuben Nieves (Research and Composition)

I'M NOT SURE THAT ANY CARES!

Just a QUICK note; I'm not sure that anyone cares --- it seems that the fight I'm involved in with CITIBANK is a good one, but people are of a mind; 'why are you fighting against the monolith?'

I've heard, 'you can't win!'

I disagree!

I can and will. Now, if others would contact me, to get on board ... we have a radio station, that can help in the spreading of the word ... unless the establishment wants to just; 'Give me mine, and I'll keep my mouth shut ... because NO ONE wants to get involved!"

No Problem. I will sign the Non disclosure agreement - take my money and let the ones who are paying into the system ... keep paying.

Believing as I do ... only stiffens my resolve, but in the past ... I've written to gain support, and there just isn't any ... and it's what 'They' count on. People want to only put their heads down and keep marching to 'their beat' --- and for some reason ... I seem to be out of step with them.

AN ASSIGNMENT AFTER THE FACT

There is so much corruption going on in this country that it really does surprise me, that; CITIBANK and other banking institutions believe that they can get away with this type of behavior.

This document you're looking at, is filed with the Arapahoe County Clerk and Recorders Office on 05.05.2010 after being assigned from DECISION ONE MORTGAGE, LLC - what you don't see, is the assignment supposedly by CITIMORTGAGE who is reportedly the OWNER of the EVIDENCE of DEBT (which is missing an assignment) - although it was CITIMORTGAGE who foreclosed on the property ON October 13, 2010.

What is strange is that: there is NO ASSIGNMENT from CITIMORTGAGE to ARCHBAY, or even from DECISION ONE MORTGAGE from 2005 on the original DEED of TRUST recorded 12/09/2005 --- but CITIMORTGAGE foreclosed on the PROPERTY one year after initiating the proceedings in a NON JUDICIAL FORECLOSURE in Aurora, Colorado August 2009.

Aronowitz and Mecklenburg submitted a 'CERTIFIED' document attesting that CITIBANK was the owner of the MORTGAGE from Judith Neville, yet cannot show any ASSIGNMENT in the CLERK and RECORDERS Office, but can get a court to authorize the sale of the property from lying to the PUBLIC TRUSTEE, and the PUBLIC TRUSTEE accepts that as the truth, without verifying the authenticity of the documents being filed.

There is nothing more disturbing than LYING attorneys who foreclose on property without the proper documentation, using 'color of law' to get their way.

This document is the document (Front page) filed on December 09, 2005 with DECISION ONE MORTGAGE, LLC - but look at the ONE sent by Attorney's Aronowitz and Mecklenburg on two separate occasions, July 2009 representing CITIMORTGAGE and July 2010 representing ARCHBAY HOLDINGS --- notice - the same DOCUMENT filed with (Forged) name in the upper left hand corner - and with the same DATE, TIME and POSTING number - it's IMPOSSIBLE.

In a sensible world, this cannot be true, because the DOCUMENTS are the same documents, only with a 'Counterfeit' attachment from CITIFINANCIAL, and yet they are allowed to commit FRAUD upon the court, and the COURT allows it ... because; in Colorado a Rule 120 does not allow a HOMEOWNER to raise any affirmative defenses and gives the BANK more credence. But, study the document; look at the same date, time and recording information, because there is NO ASSIGNMENT RECORDED in the Arapahoe COUNTY Clerk and recorders office attesting that CITIFINANCIAL has any interest in the MORTGAGE or 'STANDING' to foreclose - yet they are getting away with it ... and they're doing it across the country, one person at a time.

We've filed the LAWSUITS challenging their standing, but have already had our property foreclosed on, while we've filed the lawsuits - 2010CV2671 in State Court and 2010CV02653 in Federal court - because it is a violation of a person's CONSTITUTIONAL RIGHTS of DUE PROCESS.

This is so daunting, that people have no where to turn, and NEED to come together in class action STATUS to BRING THE BANKS TO THEIR KNEES. It's happened in EGYPT - from the posting a FACE BOOK claim --- someone has to do something, otherwise they're going to keep ROLLING RIGHT OVER YOU ... and ME.

I have more ... so much more, but do you really care? I know I do! Not just because it's my problem, but because HOW DARE THEY ... think they can get away with behavior like this. It's like the recent legislation they're trying to pass here in Colorado; GIVING TUITION TO ILLEGAL IMMIGRANTS to go to SCHOOL - and WE CAN'T EVEN GIVE THAT TO OUR LEGAL CITIZENS? That is the BIGGEST AMOUNT OF BULLSHIT I'VE HEARD, and it JUST KEEPS GETTING WORSE. People are that STUPID to want to give away their COUNTRY ... but NOT ME.

the State COLORADO RULE 120 is UNCONSTITUTIONAL!

In this on-going battle that I have been waging to keep CITIBANK from Fraudulently foreclosing on 'Our' property ... is receiving a little boost.

I didn't realize until two days ago, that I have been actually ahead of the 'game' with the knowledge that Colorado's State Law allowing Banks to initiate foreclosure proceedings on homeowners with a mere certification with a County Public Trustee is absolutely against a citizen's Constitutional Rights to 'Due Process.'

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/

MORTGAGE FRAUD and the LOSS of YOUR CONSTITUTIONAL RIGHTS!

I am now beginning to understand what only a few people (measurably) here in the United States are aware of; and I mean that merely from a standpoint that: there are NOT enough people who are aware of the problem. The problem is the CORRUPTION and the FRAUD that is staring us right in the face. It is not that people are unlikely aware of the problem, we are just not equipped to deal with that problem, primarily because we are not as educated or associated with the 'right group' to do something about the problem, or just do not want to 'mess with it' because it's just too time consuming. Or, to what purpose?

When we do become aware and start heading down that pathway of knowledge and understanding, it is too late to turn back.

I have been receiving a very hard education in this process for the last several years, governing the banking rules and regulations and have learned; WE are up against a MONSTER / the BEAST - but we can win.

For now, I want to post some very compelling affidavits and a criminal complaint from a forensic investigator that I hired to help in uncovering the mortgage fraud, my wife and I have been dealing with since 2005. It's something that I just want to 'GET OUT THERE' as much as the lawsuit information, judicial notices and other documents that UNCOVER the deception being perpetrated upon the American public and its victims, namely myself and my wife.

The following is that affidavit from Cynthia Cantrell who offers up her testimony in the ongoing mortgage fraud that is invading our lives, including a criminal complaint that outlines the CRIMINAL ACTIVITY.

There is so much more that needs to be said and done, and yet, I feel alone in this fight, although I realize that I am not. If anyone reading this at least can get something from its pages, then so much the better for you in beginning to understand the path you are about to embark upon, or already on, and looking for more answers ... like myself.

If you want to get in touch with me, I'm sure that you can find me, I'm here in Colorado ... up against the BEAST. Do I need help? Hell yes! Am I pissed off? You bet your ass I am! Do I want them to go to jail? MOST DEFINITELY! Do I want to at least get a measure of satisfaction in all of the trials and tribulations that I've endured ... I WANT TO WIN against the injustice, and need the allies to help ... or at least be in the same circle of LIKE MINDED people who want the FREEDOMS we've been promised as AMERICANS. Please read and if you have thoughts; let me know ... I'm having to continue fighting them.

HERE IT IS - WHO GIVES A SHIT?

As a matter of something to post - I have been wanting to post all of the documents that have been filed with the court, to the bank, to the government agencies - but to what end?

As much as I want to do it - I'm not sure that anyone really cares! I'm all for giving people the 'TRUTH' in the 'Common Sense' point of view - and 'Nothing but the Facts' but the problem has been the same for me; I'm in this part of the world ... alone ... fighting the battle against the monolith - the BANK and the government - and it's so daunting! Just from what I've been through; I get the feeling that I must be correct in my thinking, otherwise ... things would be a little different. However, I'm ready to WIN and to keep 'them' permanently from my door.

When will there come a time, when I can get in front of a group of people and tell the stories that will help in setting them free, as much as removing the collar from around my own neck?

I have asked the question before; are you interested in becoming a part of the 'New Awakening?' Are you willing to help in taking the steps? It would be nice to have people who are willing to come in and help get the ball rolling ... because I've been pushing it for a very long time now.

I would 'Run for office' if I knew it would make a difference, only I'm not in that arena, and considered - inexperienced. Thus there wouldn't be enough people who would even take the time in helping to get an 'unknown' on the ballot -and since I don't have enough friends - unless the radio station really takes off and I become a 40 year overnight success, or am lucky enough to find a benefactor ... then it may become a reality ... only, 'THAT' in itself would be daunting!

So we're left to the political sway of people who are connected by money ... who are being placed in positions of power ... to make decisions for the 'plantation slaves' and that: is scary! That's why ... we've got to whine from the sideline blogs in hopes that someone will take pity on us, and listen to some measure of common sense, and at best be passed on through the minority into the growing majority. Or that the GOD will eventually put me in the path of someone who can help move along 'His' agenda. One can only hope ... and in the meantime; just a little whine and cheese to post ... to keep it posting - even if there is no one reading 'IT' to reason with 'IT,' to understand 'IT' and all that 'IT,' entails!

If there's something on your mind ... you let me know. I'd love to hear from you. You already know who I am.

SERIOUSLY BEHIND - BUT IT'S COMING!

I have not had the chance to write in many months, mainly because I have been tied up with several issues with the Treasury Department, the banking system and the local district courts here in Arapahoe County, Colorado.

What I would like to do is begin posting many documents that have been sent to the bank, filed with the court and which have also been sent to the Treasury Department.

I know most people do not care to follow the progress of issues they believe do not concern them; but I assure you, this matters to you and your freedom and, will in the future give you a better understanding of how you can begin to see the world as it really exists.

The education and knowledge you think to be the truth, in fact; enslaves you.

I would like to know that people are interested enough for me to post this information, by leaving a response in kind, so I will know that I am not wasting my time.

We need warriors who can help defend the Constitution and our dwindling way of LIFE here in the United States.

As an advocate of NON VIOLENT and NON PREJUDICIAL means - I wish to enact MY REMEDY under the LAWS and those: are YOUR REMEDIES as well. We have to take back our economic means before the BANKERS, JUDGES, LAWYERS and POLITICIANS completely cut US out of the deal by getting RID of the Constitution of the United States of America. It can happen ... don't think it can not.

Are YOU in or OUT?

I SEE THE WORLD & I HAVE THINGS TO SAY, IF YOU WILL ONLY LISTEN.

"Mason, the world has been around a long time. If you read much history, you will see that different types of groups have been top dog at different times and sometimes for a thousand years. So what if you tube says the Muslims will out number the Christians in a few years. If you believe in Christianity, you surely must believe that God will not allow such a thing to happen. Have faith, brother. But then, we won't be here to object, so what difference does it make? And what can either of us do about it anyway? Don't worry. Be happy!"

Aunt Bobbi - I do have FAITH in Jesus - and there are those of us HERE who are meant to spread the word so that those who are LOST may be saved! I fear NOT ... for I have the FAITH, but know that WE live in a terrible world of EVIL governed by those who wish to dictate that: THEY ARE OUR MASTERS ... for THEY ARE NOT! I AM a SOVEREIGN under AUTHORITY BY GOD ONLY! --- And While I do remain human, I do at times and sometimes often, worry, but it's OUR NATURE. With much LOVE I continue on my path, with as much of a smile as I can muster. I am HAPPY that you do have that ATTITUDE. LOVE YA! See YOU on the RADIO and in the MOVIES SOON ... Mason.

Aunt Bobbi - I know there are many opinions that make the world spin --- and maybe mine wouldn't count for anything --- but, I did see some of the FLY over of the 747 being trailed by the fighter planes from several different angles on home videos. I AM certain that Obama was VERY well aware of the fly over before it ever took place and his feigned FURIOUSNESS was just that: since it was one of his personal jets - there are at least two major crafts on the ready at all times. You just DO NOT MAKE a decision to FLY over Lower Manhattan for a PHOTO OP, without there being a REAL purpose behind the decision. It is easier to ask for forgiveness than to beg for permission.

I personally am NOT a Democrat or SUPPORTER of the President, NOR the Government's policies --- believing they serve only the interests of those in POWER - ONE of the main reasons that: I personally changed my POLITICAL Status as a REPUBLICAN.

I can do the math and see a little more between the cracks. I've studied the HISTORY of the FEDERAL RESERVE and have a current ON-GOING issue regarding the TREASURY Department - personally creating more than $700,000.00 in Certificates, and have had talks with the General COUNSEL in Washington, serving them with Documents and UNIFORM COMMERCIAL Codes that SUPPORT my issues pertaining to the Certificates of Indebtedness - which cover my personal accounts with the Treasury Department - through my 'Exemption' so I'm not a big FAN of 'The BEAST.' After having to go through the F.O.I.A. and having to wade through the NSA --- I know the Governments both Federal and Local really believe they are the MASTERS --- and Shame on them for believing that a person like myself will not question their EVERY MOVE and be expected to believe every excuse. Pardon me for 'Missing' the small font on the EDGE of the COIN - but they have been trying to remove GOD from the equation, when I know for a fact that, here in COLORADO not more than 2 weeks ago - the Democrats craftily maneuvered a VOTE in the LEGISLATURE (Moving the issue of awarding instate tuition of for illegal immigrants - passing it) when the opposing Republican Senator was called away on a family emergency --- so if they can get away with 'Something' they will ... and continually do so - You've always heard "the BIGGER the LIE the easier it is to accept."

When it comes to the edge of the coin - you're absolutely right --- it's going to fade quickly, and I will not own ONE --- MONEY itself is the ILLUSION which controls the 'Slaves' of this Statutory FARM that we LIVE on --- and all I want is my Freedom!

I take it that Politics are somewhat of your passion --- and I'm guessing that you are protective of your position. I would be as well. I am a natural born citizen of the United States, and very tired of the influx of 'Rats' taking away what is rightfully mine, when 'WE' are supporting the GLOBAL Economy with our illusionary money, and we're GIVING IT AWAY!

Charity begins in our own backyard, but because there are rats infesting the yard ... we have to do something about it ... like STOP FEEDING THEM!

Sorry for the rant --- but I am a little tired of having to sift through the constant LIES and Deceit - especially from the MOUTHS of our (SE) ELECTED officials.

Hope you don't mind, but If you were in my position and some of the things I have drifted through within the LEGAL system - I have learned a GREAT DEAL without trying to come unhinged, when I know the WE are the GROWING Minority --- and I can not make a living because I didn't come from the RIGHT GENE POOL - or have made the appropriate connections early in LIFE. But, then again ... I blame no one but myself --- but I refuse to continue voting on what to have for dinner, when the ONES who are voting are the WOLVES, believing they are voting with a sheep. I love ya still!

Mason.

WE DESERVE IT! GIVE IT TO US FIRST!

I do not think it really is that hard in fleshing out!

Americans are taking it in the shorts, because of this need in disguising "America's Failing Economy," as helping 'Ourselves' when we are really 'Bailing out the Rest of the World!'

The bottom line is simply this: This country is still indebted through HISTORY, greatly to King George and the rest of the World ... who are really a greater part of the 'Ruling Class' and 'Elitist' with 'Their Hands' tucked way down deep into our Economy's pockets, and 'They' are helping 'Themselves.'

And, 'They' (Themselves) ... are some of 'US' by having a vested interest in 'Feeding their masters' or ... they are not going to: live the way they have grown accustomed to, because they consider 'Us' to be their 'Slaves' and 'They' by any means ... are not 'Good Masters!'

Americans really do need to 'Help Ourselves' and not the 'Ruling Class' - and I, for one opinion: do not care if they are Republicans, Democrats or Independent or members of the Libertarian parities, black, white, brown, yellow, red or any shades of gray. I only care, that we keep what we have, and fight to keep America safe from being overrun by 'Outsiders' while losing it from the 'Inside' by giving it away, by the 'Traitors' in our midst!

In the grand scheme of things on the Political front, it boils down to America's Home Front ... and each one of 'Us' are going to have to understand, that it hurts our credibility, when we as LEGAL American citizens, fail to keep our selves educated enough to know that: 'It's all an illusion ... meant to keep the mainstream under subjection' especially, when we don't look at it from a mathematical equation ... coupled with some good ol' fashioned common sense.

What most people, and not just in America ... NEVER do --- is USE THEIR BRAINS! It is not true of everyone, but for most ... they do not, because they accept it through tolerance, and with tolerance comes acceptance, without much more thought ... believing ... nothing can be done.

If the information that I have is correct, from what I know as a high school graduate with a doctorate from 'The University of LIFE ... does know: That in America, there are only approximately 300 hundred million LEGAL citizens, and knowing a little about math; 100 pennies equal a Federal Reserve Note, and One Hundred of those makes another hundred thousand, and eventually, it all adds up to a billion of those 'Pieces of paper' and multiplying it times another number --- and then --- divided by the bottom line ... is where you find yourself.

And with that, I can open my eyes, and see that "I AM NOT GETTING MY FAIR SHARE! And IF I am NOT getting MY Fair Share ... YOU ARE NOT GETTING YOURS!"

I can look around at the knuckleheads, who are making those decisions, not only on Wall Street, but Main Street USA, and I can see, 'they' are driving extremely nicer vehicles, living in lavish houses, wearing nifty threads and living the 'LIFE of Riley,' while they are spending my 'Inheritance' fought for by yours and my ancestors in my GOD given right to a piece of this Country's foundational citizenry. I FEEL ENTITLED to receive it, before any other Foreign persons, in or out of this Country ... can get their hands on it.

With that in mind: If the Economy is back by those Federal Reserve Notes (Which most people don't know what they are); then the math does not add up.

Americans ... as a Country, equal less than approximately 6% of the world's population, and we ARE SITTING ON THE PRIME REAL ESTATE ... on this planet, that is being transferred out from UNDER OUR FEET. There is too much Corporate Greed in the upper ruling class, and elitist, who don't care, because they already have theirs!

This DEBT that we as Americans keep incurring, fighting to save the rest of the World is only being created through 'Paper' at the expense of the American public, when the rest of the world, is using that money to buy 'Our Country with money that is becoming more worthless' as 'they' try and balance the books ... using 'Our' collateral, which is: you and I, and the Land that we Live on, in a Country that has a long history of ownership, (through hundreds of years) much less the centuries old struggles for land ... around the rest of the world ... just to keep you enslaved to their authority.

I don't want any part of it! If The 'Federal Reserve' can print the money for any 'Bail Out' to the tune of Billions of dollars ... then I say "GIVE ME MINE FIRST!" I can still clear enough money, while still paying taxes on that money back to 'MY GOVERNMENT ... to make a real difference in MY LIFE ... not mention my wife, children and the rest of my family.

If I were to receive enough money to pay off my mortgage, secure my health, food, educational, transportation, entertainment and any other needs in a 'Bail Out' ... then lets take care of Americans first ... since it would solve our immediate needs ... first. I then will OWN something that will be forever and a day ... MINE, until I choose to do otherwise, BUT "Let me MAKE THAT DECISION for myself!" Then lets get back to fishing, farming and re industrializing America and educating our children in farming the new technology for the future.

It will enable our following generations to work from a studier foundation in HOLDING ONTO OUR COUNTRY as opposed to FIGHTING FOR IT ... AGAIN!

Most Americans are letting the 'Elitist' sell them on the 'Slavery Box' because they don't understand; they do not have to accept everything being told to them, or even accepting everything, that is being sold to them ... including the imported and tainted goods at the expense of the 'Human Rights' of the rest of the world ... when this is all coming from financiers profiting greater and often times ... outlandishly and ridiculously ... sums and amounts that would reach all the way to Zeta Reticulai (sp).

You should come to the reality ... the money being printed to 'Bail Out' the major corporations, can 'Bail You Out FIRST!' If it's money in the billions, then most Americans have never seen a windfall like a 'Half a Million Dollars' to 'Bail them out.'

Sure ... not everyone is going to do the right thing with 'their' money, but I can tell you this: If I don't have to worry about my housing, health concerns, transportation, food, education or my family's needs, because WE HAVE ENOUGH to take care of Americans first ... that is the kind of 'Bail Out' that I need ... and then lets start taking back 'Our' Country from foreign investors and traitors, who want to give it away to EVERYONE ELSE!

Lets pass AMERICAN laws favorable to AMERICANS first. I care about our world, but the pain hurts here ... and I am not sure that I can justify helping others when there is so much suffering with 'No trickle Down' from the morally unconscionable Greed mongers who want to keep it all for themselves ... and fooling a public into believing ... "We're making the best decision for you"

No thanks ... I just may have become a Libertarian.

PARANOID MALIGNANT DRAMA OF THE ECONOMY!

tHERE is SO much that I want to say about what is going on in the economy in what Ive learned, but I am worried that people who read, may not understand the tRUE implications on what their real remedies are. I have learned that 'WE' as AMERICANS are entitled to an exemption that has been given to us at birth ... only we have not been educated in retrieving those credits, we are entitled in receiving.

How about starting a TRUE movement for a group of people willing to learn and educate themselves in gaining their Independence through this exemption? It is possible, but YOU have to have an interest to further it along. Contact me ... and if it's meant to be ... we will find it along the way.

It's a two way street not traveled by many, but those who do have ... are already living a better LIFE, because they've OPTED OUT by signing an agreement with the powers to be ... or It's either That: or they've been eliminated.

I'm willing to take the chance that GOD is protecting ME ... at least I have to believe in the faith that he is ... it's the NATURAL LAWS of the UNIVERSE! There has to be a reason beyond explanation for the world that we live in, and it may be as easy as opening our eyes to the real possibilities that may be right in front of us. We just have to redirect our thought patterns in believing that; it really is as easy as asking for your pudding. Or, maybe a mathematical equation.

The simple explanation is that: most people will not be willing to ask, and would rather be told than to think or ask for themselves.