James P. Tatten v. LSF9 Master Participation Trust

In Obduskey v. McCarthy, this Court observed: “Colorado’s ‘nonjudicial’ foreclosure process is something of a hybrid, though no party claims these features transform Colorado’s nonjudicial scheme into a judicial one.” Colorado Rule of Civil Procedure 120(a) (2016), provides, in part: “Whenever an order of court is desired authorizing a sale under a power of sale contained in an instrument, any interested person or someone on such person’s behalf may file a verified motion in a district court seeking such order.” The Colorado Supreme Court adopted and issued Colo. R. Civ. P. 120 (2016). The questions presented are:

1. Whether the district court orders that authorized and approved a public trustee sale and transfer of the homeowner’s real property, violated the due process and equal protection clauses in the Fourteenth Amendment.

2. Whether the district court’s involvement in the state’s “nonjudicial” foreclosure scheme, together with the court orders that authorized state officials to sell, title, and seize real property, converted the Colo. R. Civ. P. 120(d)

3. “nonjudicial” hearing into a trial on the merits, in violation of the homeowner’s fundamental rights under the Fourth, Fifth, and Fourteenth Amendments.