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Foreclosure bill aimed at protecting homeowners killed at Capitol

DENVER — State lawmakers killed a bill Tuesday night that supporters say could have protected thousands of homeowners from unjust foreclosure.
The Munholland family has been battling foreclosure for more than a year. And now they have filed a federal lawsuit against three lenders, including Wells Fargo, JP Morgan Chase Bank and EMC Mortgage Corporation.Trisha Munholland said they might lose their home even though the family never made a late payment–until EMC Mortgage told them to be late twice to qualify for loan modification.
“We continued to make (modification) payments for 3 to 4 years,” she says.

Then, out of nowhere, another lender drops a bomb.

“I’m getting notices from Wells Fargo that they’re foreclosing on my home. I don’t understand how this bank is coming into play when I only make payments to EMC Mortgage,” she says.

Their lawyer, Donald Emmi, says Wells Fargo does not own the loan, so it doesn’t have the right to foreclose.

HB-1156 would require banks to provide original loan papers to foreclose — not copies.
Right now, only a lawyer must certify he saw the original.

“The process in Colorado is one that is flawed and ripe for error,” says Keith Gantenbein.
But the former foreclosure lawyer — who now helps homeowners — says he and other lawyers in his firm, signed as many as 60 of these statements a day without seeing the original documents.

“That signature tells the judge they’re original. It tells who the foreclosing party is. It’s coming out, it wasn’t done in a correct fashion and they’re false. This is a major problem,” says attorney Gary Fielder.

Several other foreclosure victims described similar problems to lawmakers Tuesday.

“We have at least seven or eight different entities claiming that they own our note. And none has been willing to give us any documentation,” says Vivian Rader, whose property is also in foreclosure.

“My constitutional rights and due process were being violated,” says another victim, William Clouse.

“It seems silly. It’s just a house. But it’s not just a house to me it’s my home,” says Munholland. But she’s not sure for how long.

“This has been really hard. And I’m still in the unknown. I still have no idea whether we can stay here or not.”

Republican lawmakers killed the bill, 8-5, along party lines, with one Democrat joining them.

We’re told lawmakers thought the extra regulation would increase lawsuits and drag down the banks down — hampering economic recovery.