December 5, 2012 in Event
Press Action Noon – 12:30
Foreclosure On-The-Street Town Hall – 12:30 – 1:30
December 6th is the one year anniversary of Occupy Our Homes movement and, in celebration, the Colorado Foreclosure Resistance Coalition will be joining a great number of Foreclosure Resistance Activists throughout the nation in a coordinated effort to highlight the foreclosure fraud crisis.
We will hold Castle-Stawiarski, the law-ish firm that has defrauded so many families out of their homes in Colorado, to account for their efforts to continue this fraud. Castle-Stawiarski performs more foreclosures in Colorado than any other law firm.
We will meet at the entrance below Castle-Stawiarski’s offices, at the corner of 19th and Curtis Streets–at the northern corner of the block.
In 2006, supposedly before anyone knew the foreclosure fraud crisis was unfolding, the mortgage industry, with the help of Castle-Stawiarski, passed laws removing homeowners’ right to defend their homes from fraudulent foreclosure.
Anyone being foreclosed on has had a chance, since 1989, to demand the foreclosing bank produce the original mortgage note in a free court proceeding called a Rule 120 hearing. If the loan (or note) had been sold to another bank, a homeowner going through foreclosure could demand the bank show the transfer document or assignment.
Beginning in 2002, and then finishing in 2006, Castle-Stawiarski was able to change the law, without regard for Colorado’s unique public trustee system, to state that the foreclosing bank’s attorney only needed to sign a statement that the bank had the right to foreclose. No longer did the banks have to produce any original documents.
The attorney that, presently, signs off on the statement of default suffers no legal repercussions if they are, in fact, wrong! They are a “rubber stamp” for the banks and an affront to Colorado homeowners.
Castle-Stawiarski is central to the foreclosure crisis in Colorado. Caren Castle, of Castle- Stawiarski, is legal counsel for MERS here in Denver. The Mortgage Electronic Registration System, or MERS, is the company that has moved mortgage notes from trust to trust, without any public recordation of documents, making it possible for the banks to use our mortgages as gambling chips.
Her husband, Lawrence Castle, is on record telling legislators that changes to Colorado foreclosure laws were drafted largely by Colorado’s top foreclosure lawyers in conjunction with the public trustees.
Who are we there for?
Sahara Donahue lived in her home for over 20 years, before it was fraudulently foreclosed on by Castle-Stawiarski. We want to know how Castle can justify stealing her home, which resulted in the endangering of lives by SWAT teams as depicted in the statement below.
On October 30, 2012, a highly militarized police force arrived at the home of 63 year old Sahara Donahue to evict her from her residence of 24 years. She was petitioning US Bank for an additional 60 days to remain in her home, so she could have some time to find a new place to live, secure her belongings and leave her home with dignity. She came to the Colorado Foreclosure Resistance Coalition and Occupy Denver General Assembly to ask for our help. She knew no one in Occupy Denver prior to reaching out. We immediately started mobilizing to try to get her the assistance she needed and a group went up to her house for the first rumored eviction on Thursday 10/25. When that eviction didn’t happen, we planned an in-town action at US Bank on Monday for Sahara to try to find someone to speak with about her situation, with carpools up to her house later that day as the eviction was said to be scheduled for Tuesday 10/30. Occupiers laid barricades from fallen trees to prevent moving trucks and workers from entering the property and were able to stave off the eviction for a few hours. At 2:45pm ten or more truckloads of police in full combat gear armed with live-ammo AR-15’s, and grenade launchers arrived on the scene & forced occupiers to the ground at gun point. Police then made their way to the house, broke down the front door, threw Sahara to the ground in her own kitchen and pointed their guns at the heads of a mother and son who were in the house with Sahara along with others. They continued to break items in the house as they searched it. They unplugged the modem, which was the only mode of communication as there was no cell phone coverage in the area, in order to stop the livestream and all communications. After the livestream cut out, the occupy denver legal team spent a harrowing hour in communication blackout wondering if they would be receiving calls from the hospital instead of the jail this time. This psychological violence did not stop one brave activist from jumping into the bucket of the bulldozer that was going to tear through the barricades and forced the operator to stop for several minutes. Three arrests were made, two activists were assaulted and all have been released. Many of the people on the ground have survived multiple occupations and riot cop lines but all agree that this was the most surreal and violent state repression they have experienced protesting. There has been overwhelming community support as other activists and concerned people watched the unnecessary militarized drama unfold online. Everyone is asking “Seriously, why are they in military gear?”
Everyone is tired of hearing stories about how the servicer ate my note, the foreclosure mill attorneys treated me unjustly or the banks foreclosed on me illegally. Many have become foreclosure fatigued and are tired of hearing how their neighbors have been battered.
Let’s instead talk about how foreclosures are affecting every one of us and how our country can’t move forward until we fix the foreclosure mess, the cancer as one commentator calls it. If we continue to blame homeowners and investors it will prevent us from understanding that the banks, the servicers and the foreclosure mill attorneys are ruining our economy and taking us down an economic abyss where recovery becomes less likely with each additional foreclosure. Each day we do nothing about it is another point on the scale of no return. The banks and their minions, the foreclosure mill attorneys and servicers are the black snakes of our society that prey on homeowners and investors. Our economy is in the grip of these black carnivorous snakes that strike at moving objects. Having secured us as their prey they are squeezing us to our economic death. They are coiled around us tightening their grip until our freedoms are gone and our economy suffocates.
Highly sophisticated products permit them to extract a larger share of assets than they are entitled. Inside their rigged system their backward curving teeth pull us down their throat as the jaws work separately on our principles and on the very soul of our existence. They have us fighting against each other, but as prey we have the ability to not only break away from our predator but mobilize a counter-attack. Together we can restore sanity by forcing the snakes to change and make them pay for what they have done. Do not give up, stand up and make a statement. We will not let them ruin our country or our prosperity. We will take back our country and we will change the laws of our state and give the citizens of Colorado their property rights back. We will no longer allow Larry Castle to write our laws or install software that makes it easy for them to take away our property without the right to do so.
My husband and father-in-law built our house in six months and it has been our home for sixteen years. Our daughter was raised here and attended Douglas County schools. We never missed a payment when our lender was shut down for fraud and went into bankruptcy. Our last payment and escrow balances became part of the bankruptcy and although we have a claim in the bankruptcy we have not recovered those funds to this day.
If you are being foreclosed on by ANY big bank, or need to get started saving your home do not lose hope, get prepared; contact the CFRC and start the fight today.
Colorado Foreclosure Resistance Coalition
Phone: (720) 663-0656