Note: Castle Rock, Colorado Attorneys Mike Robinson and Bill Henry are actively fighting the mortgage lenders on behalf of homeowners. We are blocking and resisting foreclosure attempts from some of the largest financial concerns in the country. We are winning.
During WWII, film director Frank Capra was commissioned to do the "Why We Fight" film series for the U.S. Army. This set of films showed and explained why we fought the evil of Nazi Germany and Fascist Japan. These films have always had a great effect on me. These films gave meaning and import to the combined efforts of millions of Americans who fought and died defending liberty and America.
Because I, Mike Robinson live and practice law in Douglas County, I am keenly aware of the damage to all homeowners, by the collapse of the financing system used to sell homes. When a home is foreclosed in my neighborhood, the home sits with a dead lawn, newspapers piled up in the driveway, and a number of legal notices taped to the door.
It is death. It is failure. It bleeds across the lot lines to infect and damages each and every neighbor. When the home is finally dumped on the market, it immediately drops everyone's home values.
This is no way to run a railroad.
In the past, the failure of a homeowner to honor his commitments would be attributable to the homeowner alone. But with the rise of money-grubbing, rule-breaking non-banks like Countrywide and Option One Mortgage, the failure and blame is no longer confined to the homeowner.
Dewey and Diane Gibbs bought a house in Highlands Ranch a couple of years ago. They met with a mortgage guy and he gave them a Truth In Lending Statement, called a TIL. It looked workable; the TIL showed that their payments would be $1,800 a month, a doable amount because both of them had jobs.
However, when they came to the title company to close on the property, the numbers were different. The interest rate was higher and the monthly payments were now listed at $2,200 a month. This $400 increase was a big change for them. The Gibbs did not bring any of the original paperwork with them to the closing. The other people at the closing table were the pros. They wore suits and assured the Gibbs that signing would be OK. The Gibbs did as they were told and bought the house.
Over a year later, due to circumstances beyond their control, they fell behind in their payments.
In April of this year, the Gibb's lender, Option One Mortgage in California, sent a forbearance agreement to the Gibbs home. They had to wire Option One over $3,000 the same day or be foreclosed. The forbearance agreement was not written in a kind way and dictated all of the terms the Gibbs had to meet. For a couple who had always paid their bills, this unkind treatment was startling. The Gibbs wired the money and thought they had a deal.
To their surprise, the very next day the Gibbs got a notice of foreclosure in the mail. The company foreclosing wasn't Option One. It was a bank they had never heard of. This bank was Deutsche Bank in New York. What to do? What to do?
Dewey Gibbs reads the local paper each week when it is delivered to the Gibbs' home. He saw the paper's headline about our successful blockage of a foreclosure. The facts in the case seemed eerily familiar to his plight. The story gave our new web site,
www.blockcoloradoforeclosure.com. Thank goodness, he went on the site and gave us a call. The Gibbs' had no time to waste. Under Colorado foreclosure law, there is only one practical opportunity to stop a foreclosure in its tracks. The Rule 120 hearing. This is the only real practical chance to be heard. Due to the short time constraints for response, the Gibbs came into our office right away and we made up a full answer and filed it the same day in order to preserve their rights.
A week later, we appeared in court and the judge accepted our arguments. The judge denied the motion for an order of sale and dismissed the foreclosure completely. Before the hearing, the Gibbslived in fear of eviction. Now, they are living safely in their own home.
The Gibbs have full intention of honoring their obligations and they are typical of the many Americans who play by the rules and expect to be treated accordingly. Like the young GI's that watched the Why We Fight series in WWII. They need to be treated better than they were.
So, in the end, there is one less home going into foreclosure, one less home with weeds growing in the front yard. One less lowball forced sale to bring down the price of homes in the Gibbs' neighborhood. Deutsche Bank will have to lick its wounds and somehow struggle on in New York.
That's why we fight.
Michael A. Robinson is an attorney located at 900 W. Castleton Road #135, Castle Rock, CO 80109. Ph. 303-688-0944. He and Bill Henry maintain a comprehensive website at
www.blockcoloradoforeclosure.com.