Again, thanks and I’ll be checking this site out more often.

So we filed a Quiet Title action and got Judge Dennis Hall. It should have been a simple case. The lender on record went bankrupt (SouthStar Funding) so we served the trustee who wrote a letter to the court telling them to grant the QT action. No assignment was recorded or even exists as SouthStar was sued by HSBC because they bought a bunch of sub-prime loans that were never transferred. I have the depositions!

Judge Hall granted the QT action and then vacated it just hours later with no explanation. I learned later, not by any written form, that he wanted us to formally name the Trustee, even though he clearly was properly served the complaint. So we revised our Complaint to comply. We again sent thru the service process and again, Southstar themselves did not respond. We filed a Motion for Default. We waited months for something from the judge but nothing came. The judge had simply closed the case (time #1 – there were 3 additional times coming later) No ruling, no written response from the court, no notification – nothing.

8 months later we learned what happened after being told the judge hadn’t ruled on it yet, that we should have filed a Motion for Summary Judgment and not a Default Judgment. So we did that and the judge refused to enter it into the case! He then came back saying we should have named HSBC but CO statutes state that we only have to name the parties on record and not a document exists with HSBC’s name on it anywhere. I provided the statute and he then said we didn’t have to name HSBC. More time went by.

Then he again changed his mind and said we do have to name HSBC but I’ve already used up my 1 amendment opportunity so I petitioned the court to allow us to again amend the complaint. Denied yet somehow it still got entered into the case. We never served HSBC. Now HSBC filed a Motion to exclude them, which is what we’ve been saying all along and asked for legal fees for a Motion they were never served. Judge Hall granted it all and again closed the case.

We filed a Motion for Summary Judgment. Judge Hall refused to enter it into the case file. He kept closing the case and not ruling either way a total of 4 times. The court never notified us of anything. We called for updates only to be told “it hasn’t been ruled on yet” after months of waiting. HSBC got their illegal foreclosure and we got screwed all the way around, including being hit for HSBC’s legal fees.

To say we got a “fair and impartial” treatment by Jeffco courts in CO is nothing short of obscene. I was also told later that the ramifications of what I was trying to do would “open a floodgate” and the court didn’t want that so I guess allowing banks to illegally take a family’s home is OK by them. They also didn’t like me representing myself, as we’d already paid over $67,000 in legal fees only to have our financial situation ruined, getting no where.

I filed a complaint with the proper authority that oversees judge’s behavior and they found nothing wrong. Yeah right.

We now live out of the country. We’ve had enough.

The entire (unexpurgated) history of CEW’s spurious “complaints” (both the original complaint, ruled by the judge to be “frivolous, groundless, and vexatious” as we stated in the article) along with CEW’s subsequent complaint (which was upheld by a panel of judges including one who actively participated in the political campaign opposing CTBC during the 2010 election cycle – conflict of interest, much?) has been well-documented on this site.

In fact, the links to earlier articles were prominently highlighted in the article posted.

From most recent to the earliest, read below for the entire story:

http://www.clearthebenchcolorado.org/2013/04/25/colorado-ethics-watch-finally-pays-clear-the-bench-colorado-for-frivolous-groundless-and-vexatious-complaint/

http://www.clearthebenchcolorado.org/2011/04/25/monday-media-review-clear-the-bench-colorado-in-the-news/

http://www.clearthebenchcolorado.org/2010/12/20/merry-monday-media-review-clear-the-bench-colorado-colorado-supreme-court-in-the-news/

http://www.clearthebenchcolorado.org/2010/12/15/better-late-than-never-judge-orders-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-to-pay-legal-fees-owed-to-clear-the-bench-colorado-since-july-ruling/

http://www.clearthebenchcolorado.org/2010/09/28/weekend-news-in-review-clear-the-bench-colorado-judicial-merit-selection-retention-nationwide-and-cew-round-two/

http://www.clearthebenchcolorado.org/2010/09/27/judges-ruling-against-judicial-reform-group-clear-the-bench-co/

http://www.clearthebenchcolorado.org/2010/09/02/clear-the-bench-colorado-moves-to-dismiss-supplemental-complaint-by-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-requests-legal-fees-for-continued-harassment/

http://www.clearthebenchcolorado.org/2010/07/28/midweek-update-covering-clear-the-bench-colorados-victory-over-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-colorado-supreme-court-elections-and-vacancy-replacements/

http://www.clearthebenchcolorado.org/2010/07/21/clear-the-bench-colorado-wins-judgement-against-frivolous-groundless-vexatious-complaint-by-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-awarded-tens-of-thousands/

http://www.clearthebenchcolorado.org/2010/07/15/midweek-update-more-harassment-from-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-vs-clear-the-bench-colorado/

http://www.clearthebenchcolorado.org/2010/07/01/midweek-update-more-on-clear-the-bench-colorado-rebuttal-of-the-frivolous-groundless-and-vexatious-attack-er-complaint-pursued-by-colorado-ethics-watch-cew-pronounced-sue-its-what-the/

http://www.clearthebenchcolorado.org/2010/06/29/clear-the-bench-colorado-rebuts-frivolous-groundless-and-vexatious-colorado-ethics-watch-cew-pronounced-sue-its-what-they-do-complaint-moves-for-summary-judgement-and-attorneys-fee/

http://www.clearthebenchcolorado.org/2010/05/24/cew-and-colorado-not-so-independent-continue-tag-team-disingenuous-spin-on-campaign-finance-reporting-continuing-baseless-and-erroneous-attacks-on-clear-the-bench-colorado/

http://www.clearthebenchcolorado.org/2010/05/12/colorado-secretary-of-states-office-responds-to-colorado-ethics-watch-complaint-slams-cew-director-toro-as-disingenuous/

http://www.clearthebenchcolorado.org/2010/05/06/cew-complaint-against-clear-the-bench-colorado-noted-as-a-cheap-political-stunt-by-news-coverage-showcases-desperation-tactics-of-status-quo-defenders-of-colorado-supreme-court/

http://www.clearthebenchcolorado.org/2010/05/05/cew-attack-on-clear-the-bench-colorado-displays-desperation-shows-colorado-supreme-court-majority-running-scared/

As the opinion clearly states, CEW won at the trial court level and that victory was upheld on appeal. The claim that CTB somehow won this case is based on a procedural issue (CEW was deemed to have filed its entirely meritorious case too early and did in fact have to pay some of CTB’s attorney fees, a result which runs contrary to the notion that you only have to pay fees when you lose). CTB is twisting the truth beyond recognition to claim that it somehow won this case.

I suspect this post may be deleted by the moderator to preserve the echo-chamber nature of this forum. If there is commitment to free and informed discussion, however, it may survive. CTB, you have the courage to engage in free and informed discussion, right?