Eviction Stopped Pending Federal Review

Jeff Barnes is a tough litigator who is out to win. In this case he managed to stop the eviction until the claims in his Federal suit were decided. This is how it SHOULD happen. But it doesn’t because most people lack the financial resources to get Barnes or another lawyer to do all the work and all the preparation required to get traction in a hostile judicial climate.

Here is what Jeff Posted:

December 5, 2015

In what we consider to be a major victory in a case of first impression in Colorado, an Archuleta County Judge stopped an eviction trial from proceeding after motions, briefing, and lengthy argument yesterday. Jeff Barnes, Esq. represents the homeowners, who are battling both US Bank and Citimortgage in connection with the threatened eviction.

Colorado law permits the assertion of defenses in an eviction action, but the case law does not limit or specify what defenses can be raised. The homeowners raised defenses related to a post-sale change of ownership in the loan (and thus a “person entitled to enforce” [PETE] issue), and other defenses including a defense based on a TILA rescission effected pursuant to 15 USC sec. 1635 and 1640. Neither the “lender” nor the servicer undertook any action within the 20 day period permitted by the Federal statute to challenge the homeowners’ exercise of their right to rescind, electing instead to wait until yesterday’s hearing to attempt to argue a “defense” to the rescission.

The Court ultimately ruled that it is without jurisdiction to entertain the defenses raised, and issued an abatement order staying the eviction case until the District Court decides the issues related to the defenses. This means that no eviction trial can be scheduled until the District Court litigation on the defenses (which is an entirely new action to be filed) has run its course, which would include any appeals.

Further, if the homeowners prevail on their rescission claim, the entire eviction action could conceivably disappear forever. The law on rescission, after the issuance of the Supreme Court’s Jesinoski decision in January of this year, is far from settled, and more issues have opened up in view of this decision which clarified, among other things, that a rescission is effective upon the mailing of the notice of rescission. The principles of the Jesinoski decision were recently affirmed in the Pataalo decision out of Oregon (which was brought to our attention by several of our dedicated followers), much to the chagrin and frustration of JPMorgan Chase (the foreclosing party in that case).

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

24 Responses

  1. Re: Jeff Barnes attorney out of Boca Raton. A REAL NIGHTMARE.
    Please People do your research very very carefully if you are thinking about hiring this guy. He took our families valuable land as a future payment to defend us and then at the last minute he bailed out on us leaving us totally stranded. We had already paid him a fortune to defend us but he lost at every turn. We demanded our families property back and he went absolutely crazy. I had never had that kind of verbal attack against me and my family before, it was terrifying.
    I thought he had lost his mind. He assured me that his friends at the attorney generals office would prosecute me and my family for a Varity of reasons, he told me he would contact our Bankruptcy judge and claim that we were committing bankruptcy fraud. Then he made some really bad comments about my child and that ticked me off really bad. We are elderly and never done anything wrong in our lives so this was scary to my wife and I. But we are not going to let him get away with this and neither should you if he attacked you too.. We have since heard from others who have had the same attack.
    If you are suffering because of the way you were treated by Jeff Barnes please call me at 352 274 8467 and join our complaint to the Florida bar. I want to show the bar that this is not an isolated incident. We want him disbarred and we want our property back.

  2. THE GESUITI:

    http:/one-evil.org/content/entities_organizations_jesuits.
    html

  3. Moreover FREEMASONRY is one vast evil cult of occultists.

    The RUSSIAN MOB hides behind many guises to FALSE IMPRISON U.S. CITIZENS by RELIGIOUS PERSECUTION to FORCE COERCION with their worldwide satanic death cult.

    FRAUDCLOSURE is one such guise that is the SPV that is used to SRA religious believers but especially CATHOLICS.

    When CATHOLICS confirm their faith, they’re told to reject the devil & it’s evil works & that’s why we’re targeted by the GESUITI.

  4. They’re not necessarily MUSLIM looking however, it’s their belief system that is deeply rooted in the SATANIC & they have no relgious or moral values.

    They worship the demonic in the demonic realm.

    SRA is their main objective.

    Therefore, when religious believers encounter them, they have no respect for them & want them dead.

    That’s the only way the LUCIFERIAN FREEMASONS can fraudulently induce the MICROCHIPPED MARK OF THE BEAST in the unlawful HEALTHCARE SCOFFLAW is by OPEN SECRET RELIGIOUS PERSECUTION AKA SATANIC RITUAL ABUSE (SRA).

  5. The WALL STREET MUSLIM EXTREMIST JIHDISTS have jockeyed their position through LEVERAGED BUY OUT AGREEMENTS with CORPORATE TREASONISTS that were PRE-DETERMINED LAWLESSNESS to use the FICTION that INVESTMENT FRAUD is ownership & that’s criminal.

    They’re using the U.S. JUSTICE SYSTEM to enforce their own LAWLESSNESS in the U.S. by unlawful CORPORATE INJUNCTIONS that have no LEGAL FORCE or EFFECT.

  6. The front page of this weeks CHICAGO SUN TIMES SUNDAY NEWSPAPER: COPS STORIES DON’T ADD UP – LAQUAN VIDEO SPARKED OUTRAGE, BUT CITY PAID MILLIONS TO SETTLE OTHER CASES WHERE RECORDINGS CONTRADICT POLICE ACCOUNTS – describes the result of WALL STREET CORPORATISTS not being criminally prosecuted by hiding behind thek CORPORATE RESOLUTION AGREEMENT.

  7. Without the CORPORATE RESOLUTION AGREEMENT there would have been no UNLAWFUL BAILOUTS of TBTF because they couldn’t hide the DAY BOOKS don’t exist by leveraging their own buy outs.

  8. Whatever division of the CORPORATIST RESOLUTIONIST BRANCH one deems to be the enemy of our FREE REPUBLIC is up to the individual.

    I think it’s tye CORPORATE RESOLUTION AGREEMENT in & of itself that gives CORPORATISTS too much leverage.

  9. It’s WALL STREET’S beggars can’t be choosers society designed to force dependency on our CORPORATIST RESOLUTIONIST enemy hidng from within our great nation.

  10. “The homeowners raised defenses related to a post-sale change of ownership in the loan (and thus a “person entitled to enforce” [PETE] issue)…..”.

    Huh? What loan? If the lender bought the house at f/c sale with a “credit bid”, the loan, or at least part of it if not all, or at least the security instrument, is toast, so there was nothing to sell except maybe the right to a deficiency judgment IF CO allows them (and subject to any laws about them). IMO.

    “The foreclosure sale is complete when bidding has stopped and the trustee announces completion of the sale by fall of the gavel or in another customary manner.** At this time, the deeds of trust of the foreclosing lender and any junior lienholders are extinguished by operation of law, and the successful bidder is entitled to a trustee’s deed to the property.” )
    I see part of this conflicts with another decision in a case on LL recently, but I didn’t write either this ditty from an attorney or that case decision!

    **It’s possible this could vary by state.

    Lenders do NOT always have the luxury of enforcing the note or coll instrument at their desire, not in states with the “security first” rule (must first and foremost pursue the collateral before seeking money judgment and can only seek def judgment where they’re allowed by a state’s law. *&!)*&*! In states which don’t allow def judgments, if the collateral’s value falls short of the debt, tough luck!

  11. Shadowcat, on December 12, 2015 at 11:35 am said:
    Table Funding is Perfectly Legal!

    Yes, except in Alaska, Arizona, California, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington
    In the other 41, it is highly regulated and defined…
    Most loans alleging to be table funded are actually not – they are using a “3 card monty” pretending to table fund…
    Follow the money (trail 1) – follow the paper (trail 2) and if they don’t end up in the same place, your lawyer needs to be a pit bull!

  12. Jim Willie tells it like it is……
    I Like Him!

    Make New Friends and Keep the Old
    One is Silver & the other is Gold

  13. goldbroker article
    FED VOTES TO END ORIGINAL MANDATE OF BEING THE LENDER OF LAST RESORT TO BANKS

    I would have expected to see this posted over and over, but I guess the California shoe-ting was the ‘nothing to see over there, look over here’ that kept this from being everywhere.
    I was listening to Car a van to midnight with Wells and guest Jim Willie when he mentioned it.

    Things are getting interesting, in deed.

    Trespass Unwanted, Creator, Corporeal, Life

  14. Non-disclosure of every PERTINENT FACT of the transactionis FRAUDULENT CONCEALMENT of the legal facts.

    Without the ORIGINAL TORT to the transaction ever being filed with the state & recorded in the county where the said property is situated in no less than 30 days from the closing date of the purported SALE there is no LEGALLY ENFORCEABLE LIEN & no proper LEGAL VENUE in which to file suit.

    If that person or persons does bring suit without the NOTORIAL CERTIFICATE that is TORTUOUS FRAUDULENT REPRESENTATION & MISREPRESENTATION of LEGAL CAUSE.

  15. What they’re TABLE FUNDING is not disclosed.

    Furthermore, nowhere in the UCC LAWS of BANKS & BANKING is non-disclosure of PERTINENT FACTS legal.

  16. Illicit & Illegal Reverse Transactions

    Deadly Clear

  17. Table Funding is Perfectly Legal!

    Misrepresentations are ….
    Deadly Clear

  18. Check judges financial disclosure

    I rest my case

    NEVER AGAIN

  19. The evidence of the SALE, the BILL OF LADING, cannot be found & is not AMENABLE to SERVICE OF PROCESS.

    Therefore, no one knows the pertinent legal reason the SECURITIES FRAUD is bringing UNLAWFUL POST JUDGMENT CASES upon WE THE PEOPLE.

    The RED FLAG SECURITY is in direct violation with the 5th AMENDMENT TAKINGS CLAUSE of the U.S. CONSTITUTION/BILL OF RIGHTS & that is cause for DISMISSAL.

  20. So, there is a banker… let’s call him “Mort”; he has a secretary, let’s call her, “Gage”…

    Together, they create and maintain “Mort-Gages”.

    As per, 1872, a Supreme Court Decision, “Carpenter v Longan”, there is no “Gage”, without a “Mort”… In other words, there is no collection in the absence of a contractual obligation: the “NOTE”.

    Mort claims he lent the money.

    Gage claims she is collecting it for Mort.

    Mort claims he owns the NOTE.

    Gage claims the ability to collect on the NOTE because she is Mort’s secretary.

    Mort is a liar and Gage doesn’t know any better; or at least, that is what We The People, are supposed to believe.

    In 1872, the precedent was established for forever. The understanding is as follows: “THE LIEN (Gage) FOLLOWS THE NOTE (Mort)”.

    In other words, “there is no Gage without a Mort”.

    In other words, “Gage cannot collect on something that never belonged to her in the first place” (NEMO DAT). She can only collect at the bidding of her employer, as his secretary.

    Mort, the LIAR, not to be confused with all the banking “LAWYERS” (at least not yet), took money from third parties…

    … (google “tertiary financing”). “Third party funding is ILLEGAL”.

    Anyway, Mort took money from others and used it to pay the “MortGages”.

    He is now lying about having done so.

    FOX NEWS VIEWERS, AKA “low information participants” …

    on second thought…

    “participants” is a strong word, let’s just call them “misinformed“ and “LAZY”, or even better, “VICTIMS OF THEIR OWN PREJUDICE”, believe minorities have ruined the financial center of the universe.

    I like to grow string beans. I consider myself a “minority”. It does take a certain dedication… Anyway…

    Mort took the money, from others, paid the “Loans” and then sat back and collected the “MortGage” payments every 30 days… in FULL.

    As his secretary, “Gage” was content to take her minority portion, as promised, and, agreed-upon, at the outset…

    It occurs to me : “Gage” represents a “Minority portion”. Anyway…

    It went something like this: (Mort): “you know Gage, I respect you, and, my wife (the federal government) can never know what we are doing…

    (Gage): “Oh Silly, I can “NEMO DAT” beyond anything your wife has ever dreamed of…

    In fact, if that *itch ever decides to scratch, as “SERVICER” I will “NEMO DAT” every single service man and woman that was ever so misinformed as to ever volunteer to serve this country in the first place”.

    (Gage, responding to the thrusting desire, of those, such as DICK Cheney):

    “You know these people are too STUPID AND LAZY TO KNOW ANY BETTER…

    “… Give them any FRAUD you choose and PUT IT ON FOX NEWS”…

    Boys and girls: the simple fact is: We have been played.

    Our “loans” were paid at the closing table, and, or before the closing.

    The bankers and their girlfriends are owned by third parties.

    They are fixing to destroy the US Dollar. They are counting on our prejudice and separate notions of how this country was supposed to work
    in order to destroy US.

  21. Has any had any luck locating the case in Archuleta County, Colorado?

  22. We need more attorneys like Jeff Barnes, Esq.

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