Im trying to claim statute in court, by myself, no lawyer (can't afford) based on statutes alone. need input!!

Question

PLEASE - no personal opinions here. (I don't make enough to hire lawyer, make too much for free council) ok, here goes. Im facing foreclosure. I say the foreclosure is invalid: (working bkwrds)My foreclosure is a lien because I couldn't pay a loan that was issued on facts presnted by an appraiser that was hired by a company that bought the house so I could rent to own from them. NOW: can prove appraisal is fraud, (and RTO co. knew it)<< CSS 38-10-101 Conveyances to defraud>>> which can be shown by 6-1-105 (u) (prop was drug house, didnt tell me). cn prove value was 20k less, which means my loan amt was issued on false info, foreclosure is based on loan, my future based on foreclosure. here's my question: COLO statute38-35-204. Order to show cause. (1) (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court.... HOW? WHAT FORM? STATE OR LOCAL ?

TO EXPAND FACTS:(1.) foreclosure isn't due to can't afford payments, had streak of horrible luck, fell behind. (2) appraiser has priors of disciplinary actions for same (3) have valid statements showing actual comp values and mrkt analysis for that year is waaaaay below what was submitted (4) other contract violations: was to get 50% of rent payments for use as down - was never applied. (5) many errors on appraisal such as my house built in 1963, comp house in 1997 (AND next to golf course which mine DEF isn't); appraiser stated came into house to appraise - I never saw him let alone let him in; says gravel driveway, is actually beat up cracked cement. BUT... THE BIGGEST case for intent to defraud is that for appraisal - on comp house #2 - the pic and address DON'T MATCH!! The house used in pic for that address is actually several blocks away. The house that actually belongs to that address looks nothing like it. Pic USED is much nicer house. fyi: Im in Colorado Springs,CO

first of al, Im not an idiot. I have a right to petition the court on my own . the contract i had w/ the rent to own company was based on appraised value. the loan was based on the contract. PLUS, THE MORTGAGE COMPANY HAS NO RECORD OF REVIEWING THE APPRAISAL. I am not going to take it in the A*% when this whole thing is set up on fraud and can prove it. I have every right as an American Citizen to go in anad do this. I will not be denied due process because I can't afford a Lawyer. Thats BS. The statutes are there for us to use as a foundtion for a reason. It ALSO states that any person or person's representative may petition. Appraisal fraud is rampant right now and something has to be done about it , and not being afraid to go against the norm and make people accountable to the statutes that were placed for just that reason does not make me an idiot. Don't think for one damn minute that a single mom going up against a political goliath won't make a difference, because it will.

I did not find out the contract with RTO company/appraisal was fraudulant until much later. I went to refi to AVOID foreclosure and couldn't because since appraisal was inflated, the actual value of my home is much less than what I owe.so :2 points here, (1) if the appraisal had been accurate, I would have been able to refi and never gone into foreclosure in the first place; and besides (2) if the appraisal had been accurateIf the loan amt would have been less, therefore my payments would have been less, so I wouldn't have needed to refi anyways, this would have never been an issue. The point is, I took out a loan amount that was based false information given by someone in the attempt to defraud me. Im not saying the foreclsure is spurious, Im saying the appraisal is spurious my property has been affected by this spurious document.

Answer 1

A foreclosure lawsuit, once filed, is very difficult to stop. Depending on the terms of your loan agreement, if you have the money to pay the amount in deficiency, you *might* be able to cure the default. It depends on how the contract is written.

Unfortunately, your very question indicates a misunderstanding of the law.

Courts consider a foreclosure action as breach of contract action. There are only a few defenses to this action. These include (but aren't limited to): 1) You aren't actually in breach of the contract (you've already admitted here you didn't make the payments, and hence, you are in breach) 2) The contract isn't a valid contract for some reason. (I can't and won't to into a detailed discussion on this.)

A spurious lien in this case would not be a valid defense, in my opinion. You entered into what appears to be a valid contract, and you entered into the contract on your own. The mortgage company extended credit to you based on an appraisal (which you've alleged to have been fraudulent), but at any rate, you received a benefit from the mortgage. The mortgage company has a right to attach a lien upon the property to protect their interest in the property. The lien is not spurious.

You need to find the money to consult an attorney. If you continue to try to defend this yourself, you're going to end up losing and then will eventually lose the house. There ARE some options here, but since this is apparently taking place in Colorado and I'm not licensed in Colorado, I can't discuss what those might be.

I urge you to consult a Colorado licensed attorney to review your options, including some which might save your house. Contact your local or state bar association and ask for a debtor/creditor attorney, or a bankruptcy attorney.

Answer 2

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RE Im trying to claim statute in court, by myself, no lawyer (can't afford) based on statutes alone. need input!!

PLEASE - no personal opinions here. (I don't make enough to hire lawyer, make too much for free council) ok, here goes. Im facing foreclosure. I say the foreclosure is invalid: (working bkwrds)My foreclosure is a lien because I couldn't pay a loan that was issued on facts presnted by an appraiser that was hired by a company that bought the house so I could rent to own from them. NOW: can prove appraisal is fraud, (and RTO co. knew it)<< CSS 38-10-101 Conveyances to defraud>>> which can be shown by 6-1-105 (u) (prop was drug house, didnt tell me). cn prove value was 20k less, which means my loan amt was issued on false info, foreclosure is based on loan, my future based on foreclosure. here's my question: COLO statute38-35-204. Order to show cause. (1) (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court.... HOW? WHAT FORM? STATE OR LOCAL ?

Answer 3

You are barking up the wrong tree. You bought the house, you took the mortgage and, presumably, you knew what the payments would be. The fact that the appraisal might have been false (I will not argue with you on that as I have no evidence to the contrary) does not alter the fact that you fell behind. If the mortgagor complied with law in repossessing the property, I do not see that you have any grounds, based on the information you have given.

Whether it is morally right for a mortgage company to foreclose in a particular situation is another matter but, again, not one that courts can entertain.

Answer 4

Look at foreclosures every day. Foreclosure is a simple legal or extralegal reclamation of property based on your payment or non-payment of the agreed terms of a mortgage or a deed of trust. Appraisal will not affect the amount you agreed to pay or your failure to repay it. Your PMM is not going to be named "spurious" based on an inflated appraisal IMHO. As for the court you need to file in, it would be the general district court as that is the court overseeing the county the lien is applied in.

You need an atty. This is not something for an amatuer to be trying to pull off; even a legal consultation.

Answer 5

If you would rather have a lawyer, could you afford $26 a month?

Answer 6

Get a lawyer, you idiot. You can not afford not to have one.