Brumfeil v. U.S. Bank et al | Colorado Dist. Court - Rule 120 in foreclosure proceedings—is unconstitutional on due process grounds

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Brumfeil v. U.S. Bank et al | Colorado Dist. Court – Rule 120 in foreclosure proceedings—is unconstitutional on due process grounds

Brumfeil v. U.S. Bank et al | Colorado Dist. Court – Rule 120 in foreclosure proceedings—is unconstitutional on due process grounds

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez

Civil Action No. 12-cv-02716-WJM

LISA KAY BRUMFIEL,
Plaintiff,

v.

U.S. BANK,
LARRY CASTLE, in his individual and corporate capacity, and
CASTLE STAWIARSKI, LLC,
ROBERT J. HOPP, in his and corporate and individual capacities,
CYNTHIA MARES, Public Trustee in her official capacity,
MERS, a division of MERSCorp, and
DOES 1-100,
Defendants.

ORDER GRANTING PLAINTIFF’S REQUEST FOR
INTERIM PRELIMINARY INJUNCTION

EXCERPT:

3. The Public Interest

A party seeking a preliminary injunction must show the issuance of the injunction
would not be adverse to the public interest. Heideman, 348 F.3d at 1188.
Here, again, this factor weighs strongly in favor of Plaintiff. The Amended
Complaint is detailed in its allegations, and brings into question the role of state action
and the interface between public and private players in the foreclosure process. (ECF
No. 45.) Indeed, the Court considers these issues to be of significant public interest.
The question of whether Colo. Rev. Stat. 38-38-101—a state statute which impacts
many thousands of Colorado residents given the role of Rule 120 in foreclosure
proceedings—is unconstitutional on due process grounds is manifestly a matter that
would be in the public interest to determine after careful and deliberate consideration.
Thus, the factor weights heavily in Plaintiff’s favor and the Court finds that she has
satisfied this prong of the test for the purposes of temporary injunctive relief.

[…]

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2 Responses to “Brumfeil v. U.S. Bank et al | Colorado Dist. Court – Rule 120 in foreclosure proceedings—is unconstitutional on due process grounds”

  1. Marcie says:

    This is great news for all homeowners in Colorado.

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