Colorado foreclosure system under the microscope in U.S. Supreme Court case

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The right of Mortgage Electronic Registration System, Inc. (MERS) to act as mortgagee of record for mortgage investors has survived two more court challenges, this time in separate decisions in the.

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"Colorado foreclosure system under the microscope in U.S. Supreme Court case; High court to decide if consumer protections from debt collectors apply to foreclosures": David Migoya of The Denver.

The U.S. Courts of Appeals for the 4th, 5th and 6th Circuits, along with the Colorado Supreme Court, had previously held that the FDCPA does apply to nonjudicial foreclosures. With an entrenched split among the circuits and a case that presents the question cleanly, the Supreme Court granted certiorari.

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The Colorado foreclosure system is under scrutiny in the United States Supreme Court. This is the first time a case like this has made its way to the U.S. Supreme Court. David Migoya, of the Denver Post, wrote an in-depth article examining the case and the possible effects in the outcome of a win for the borrower. The article also features quotes from Gantenbein Law Firm attorney and owner, Keith Gantenbein.

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The case has stretched across three Colorado attorneys general – it was filed under. Castle in foreclosure lawsuit The state could ask the full 21-judge appellate court bench to review the decision.

If Lupe wants to remove the case to federal court under diversity of citizenship jurisdiction, b. she can remove the case to a Colorado federal court. Justices of the U.S. Supreme Court are chosen by appointment of the President and approval of the House of Representatives.

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