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Colorado Rule 120 Proceeding-Uncover Real Party In Interest

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Hello folks and thank you for joining me for the ADR-NOW! Internet Radio Webinar.  I am your host, Anthony Johnson.

In this episode, we will talk about non-judicial foreclosures in the state of Colorado.  In Colorado, although it is a non judicial foreclosure state, there are judicial proceedings relating to a foreclosure (the Rule 120 proceeding), if you petition for an order staying execution of sale of real property and also for order requiring district court to show cause why it should not be prohibited from executing order of sale, and also a debtor is entitled to raise the issue of whether the moving party were the real parties in interest and also to assert defenses of waiver and estoppel.

This is fantastic news for Colorado homeowners who may not be privy to the case of Goodwin v. District Court, the 1989 case where the Court authorized the above rule as an absolute rule.  Traditionally, at the Rule 120 proceeding the judge was only required to determine whether a homeowner was in default or currently serving in the military.  Judges in Colorado are still probably doing just that, notwithstanding the absolute rule in Goodwin v. District Court.

For more information on how you may be entitled to relief from a Colorado foreclosure proceeding, visit A. Johnson & Associates, LLC at www.adr-now.com, or 888-502-0586.

DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are Alternative Dispute Resolution Practitioners.  If legal advise is required, the assistance of a competent, qualified legal professional should be obtained. 

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