Tag: judge

Judge is removed from bench after asking woman whether she closed her legs to prevent rape

by nootkabear, posted in Artificial Intelligence, Attorneys, Banksters, big brother, brains eaten away, Constiution, corruption, Court Cases, Courts, criminal injustice, disaster, ethics cases, Judicial Corruption, Judicial ethics, law, Lawyers, Legal

judge-gavel
(judge and gavel Image from Shutterstock.com.)

Judge is removed from bench after asking woman whether she closed her legs to prevent rape
BY DEBRA CASSENS WEISS
https://www.abajournal.com/news/article/judge-is-removed-from-bench-after-asking-woman-whether-she-closed-her-legs-to-prevent-rape
MAY 28, 2020, 11:05 AM CDT

The New Jersey Supreme Court on Tuesday removed a judge from the bench who asked a woman whether she had tried to close her legs to stop a sexual assault.

The court ordered the removal of Judge John Russo in a May 26 decision.

The woman was in Russo’s Ocean County courtroom in 2016 to seek a final restraining order against her alleged assailant. Russo took over questioning after cross-examination by defense counsel. The judge asked the woman whether she had tried to block her body parts, close her legs, call police or leave.

The questions were unwarranted, inappropriate and discourteous, the supreme court said in an opinion by Chief Justice Stuart Rabner. “No witness, alleged victim or litigant should be treated that way in a court of law,” the court said.

Russo claimed the woman was a demoralized witness, and he was trying to help her get reengaged in the hearing. But that explanation “does not square with the record,” the court said. “The plaintiff plainly testified that defendant forced her to have sexual intercourse against her will. She also described other acts of alleged domestic violence. And she did so without needing any assistance from the trial judge to express herself.”

“Beyond that,” the court said, Russo’s “coarse questions about how the plaintiff responded during the alleged assault were not relevant.” Sexual assault in New Jersey turns on the use of physical force by the alleged assailant, not the victim’s state of mind or resistance.

Just as problematic were Russo’s comments to court staff after the hearing, the court said. Russo asked whether staffers heard “the sex stuff” and said he was the master of “being able to talk about sex acts with a straight face.”

“Judges set the tone for a courtroom,” the court said. “Especially when it comes to sensitive matters like domestic violence and sexual assault, that tone must be dignified, solemn and respectful, not demeaning or sophomoric. [Russo] failed in that regard.”

The court said Russo also committed misconduct in three instances.

• Russo ruled in a hearing even though he stated at the outset that he knew both the defendant and his wife since high school. The defendant was arrested after failing to comply with a judge’s order to pay. $10,000 out of nearly $145,000 in past-due child support. Russo vacated the arrest warrant and lowered the purge amount from $10,000 to $300 based on the defendant’s uncorroborated financial information.

• Russo made an ex parte call to a mother in a paternity matter who failed to appear in court. When Russo asked for the woman’s address, she said she didn’t want to disclose it because she was afraid. She said the putative father had molested her daughter, and she feared for her son’s safety. Russo threatened the woman with financial penalties and said she wouldn’t be able to keep her address secret. “He’s going to find you, ma’am,” Russo told the woman. “We’re all going to find you.”

• Russo asked the family division manager in his courthouse to intercede in another vicinage to reschedule a guardianship hearing in a personal matter involving himself, his ex-wife and his son. Russo should have worked through his lawyer rather than the manager, the court said.

“The series of ethical failures that [Russo] committed are not errors of law, innocent missteps or isolated words taken out of context,” the court said. “Viewed as a whole, they are flagrant and serious acts of misconduct.”

Russo is a former mayor of Toms River, New Jersey. Law360, Courthouse News Service, Law.com, NJ.com and the Legal Profession Blog had coverage of the decision.

Florida Judge Takes Child From Parents and Decides the Best Treatment for Leukemia. How Long Before the Courts Decides Everyone’s Treatments for What Ails Them?

by nootkabear, posted in access to injustice, Alert, Attorneys, big brother, Caution, Constiution, corruption, Court Cases, dying, Judicial Corruption, Judicial ethics, Judicial Rulings, killing us

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(image from: https://www.mayoclinic.org/diseases-conditions/leukemia/symptoms-causes/syc-20374373)

State Takes Child from Parents for Treating Cancer With Cannabis, Forces Him to Take Chemo
Saturday, December 7, 2019 16:19

Jack Burns, The Free Thought Project
Waking Times

Parents of a 4-year-old Florida boy had their child taken away last month because they sought to treat his cancer in a holistic manner. A judge ruled the couple had placed their son in harm’s way after ceasing chemotherapy treatments for his leukemia.

Taylor Bland-Ball and Joshua McAdams had their parental rights taken away from them following the couple’s decision to seek a second opinion out of state. That decision led to the parents giving their son CBD and THC oil along with traditional chemotherapy treatments.

NBC News reports:

A Hillsborough County judge ordered that 3-year-old Noah McAdams continue to receive chemotherapy treatment at Johns Hopkins All Children’s Hospital within the next 28 days, NBC affiliate WFLA in Tampa reports.

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Bland-Ball responded to the judges decision outside the Florida courtroom. She said, “we’re disappointed with the fact that they are moving forward with chemotherapy considering all the side effects that were brought up in court today, including death.”

It turns out, she’s right. A landmark study published in the United Kingdom detailed just how deadly chemotherapy can be, even within 30 days after its initial use. As TFTP reported, the chemotherapy often turned out to be deadlier than the patients’ cancers. In fact, some hospitals had a higher mortality rate than those in other cities, leading the researchers to question why such mortality discrepancies with chemotherapy existed.

Bland-ball and McAdams wanted to do more for their child and include cannabis as an alternative to chemotherapy and radiation, the universal standard treatments for cancer. It’s unclear precisely which cannabis medicine they wanted to give their son. Currently, the only FDA approved cannabis-based medicine is produced by GW Pharmaceuticals whose researchers are attacking some of the world’s deadliest cancers such as glioblastoma, a brain cancer which is almost always fatal and of which chemotherapy and radiation have little to no effect.

GW Pharmaceuticals’ 1:1 THC/CBD medicine was used in conjunction with a traditional chemotheraphy. The test results, according to GW Pharm hold promise. According to one of their recent studies conducted in the United Kingdom:

The study showed that patients with documented recurrent GBM treated with THC:CBD had an 83 percent one year survival rate compared with 53 percent for patients in the placebo cohort (p=0.042). Median survival for the THC:CBD group was greater than 550 days compared with 369 days in the placebo group.

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Patients given cannabis lived nearly twice as long as those who were not given cannabis as an alternative treatment. But the choice to give cannabis to Bland-Ball and McAdams’ child was taken from the parents and given to the State of Florida which has usurped not only the parents’ wishes but the current research being conducted using cannabis in conjunction with standard chemotherapy. Florida has now ordered the son to be given chemotherapy completely against the parents’ wishes.

In addition to being used to help kill cancer cells, cannabis also helps to mitigate nausea and pain while taking chemotherapy. Unfortunately, Bland-Ball and McAdams’ child will now have to take his chances with chemotherapy and wonder whether or not it will even work. With legal decisions being made by the state one must logically ask the serious question as to whether or not a day is coming when all decisions about one’s health can be taken away from the citizenry?

As an example of humans losing rights to states, take for example the subject of vaccinations in the State of New York. As TFTP has reported, parents are no longer allowed to even decide when, if, or which vaccines will be given to their children, making such universal declarations akin to 1984, George Orwell’s work on a dystopian future where people give up all rights to the government. The forced vaccination program may be eerily reminiscent to Nazi Germany with the government controlling all procreation/birthing/parenting/child-rearing decisions.

Enough is enough. The Police State in America has to be replaced with logical, common sense approaches to health and wellness. Fascist Big Pharma is now allowing the state to force feed its chemotherapy onto little children whose parents do not want the drug to be given to their kids. Shouldn’t an oncologist refuse to be an agent of the state in this matter? Where are the courageous physicians who will refuse to administer drugs to children whose parents object? Likewise, should parents be allowed to keep their children if they neglect life-saving medical treatment?

About the Author
Jack Burns writes for TheFreeThoughtProject.com, where this article first appeared.

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Judge Issues Ruling In Pubic Housing Gun Battle The case centered around a woman who was threatened with eviction from public housing if she kept a firearm in her own home.

by nootkabear, posted in Constiution, Courts, guns, Judicial Corruption, Judicial Rulings, law, Legal

Hagedorn1-780x392
Judge Hagedorn had zero chance of winning election to the state Supreme court less than four weeks ago, but a grass-roots effort helped galvanize voters.
50 States
PUBLISHED: 1:15 PM 14 Apr 2019
UPDATED: 5:05 PM 14 Apr 2019
Judge Issues Ruling In Pubic Housing Gun Battle
The case centered around a woman who was threatened with eviction from public housing if she kept a firearm in her own home.
Georgette by Georgette

One Tiny Election Shows Americans Fed Up With Liberal Manipulation, Assaults

It is no longer legal for the state to prohibit gun ownership for low-income people.
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In East St. Louis, if a person lives in public housing, they are not allowed to own or have a firearm on the property. That is… that was the previous ‘policy.’

Now, a judge has ruled the action is a violation of the constitutional right to keep and bear arms.

The Belleview News-Democrat reported:

A federal judge ruled Thursday that the East St. Louis Housing Authority cannot deny, through rules and regulations, a tenant’s right to lawfully own a firearm.

“Among whatever else, the Second Amendment protects the rights of a law-abiding individual to possess functional firearms in his or her home for lawful purposes, most notably for self-defense and defense of family,” US District Court Judge Phil Gilbert said in the ruling.

A lawsuit filed in federal court was brought by Second Amendment Foundation and the Illinois State Rifle Association, who argued that firearm bans in government-subsidized housing is unconstitutional.

Their case focused on an East St. Louis woman, identified as N. Doe, who was beaten and sexually assaulted in her home.

The assault ended only when one of her children pulled a gun on the attacker.

Doe alleged in the suit that the East St. Louis Housing Authority threatened to terminate her lease unless she could prove she did not have a gun at home.

She said she was told the building was safe and that she didn’t need a gun after she protested to housing authorities, the lawsuit states.

The ban applies only to people of low-income who live in public housing and denies them the right to keep and bear arms because they can’t afford private housing, the lawsuit states.

The Belleville News-Democrat reported that Doe’s lease says “residents are not to display, use or possess or allow members of (Doe’s) household or guest to display, use or possess any firearms, (operable or inoperable) … anywhere in the unit or elsewhere on the property of the authority,” according to the lawsuit.

Violating the lease can lead to its termination, something Doe feared.

The East St. Louis Housing Authority did not respond to a request for comments.

ISRA Executive Director Richard Pearson said of the ruling:

“The right to defend your life and your property is a right for everyone regardless of where they live …” Pearson said. “It is sad that this woman had to go to these lengths just to defend herself. The threats to her are real.”

“Thankfully, she will be able to legally own a firearm and defend herself, but it is truly sad that it takes a federal judge to do what should have been done a long time ago,” he added.

But many people point out that the Second Amendment is not solely designed for the use of self-defense.

Scholars agree that the Founding Fathers placed that right early because 1.) without the power to defend your other rights, they can be taken away, and 2.) the people must have the power to dispossess an unjust government.

Thankfully, this judge understands the rule of law and upheld one of the most basic rights Americans have.

The fact that the liberal public housing authority tried to derive this woman of her right is unconscionable.

Of course, such as asinine policy has not stopped the gun violence and deaths plaguing the projects in East St. Louis. A few months ago, six people were shot in ‘unrelated’ incidents in one night, and the deaths continue to rise.

Perhaps now that decent people who are living in public housing have the ability to defend themselves from the liberal filth that has been perpetuated, deaths will decrease.

Federal Judge Ordered Hearing for Hillary tomorrow

by nootkabear, posted in Benghazi, Clinton, Judicial Corruption

Judicial Watch 🔎
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@JudicialWatch
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BREAKING: A federal court ordered a hearing for tomorrow (October 12th) on JW’s request for testimony under oath from Hillary Clinton, Cheryl Mills, & other State Department officials about Clinton email searches in JW’s FOIA lawsuit about Benghazi. (1/6)

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City of Springfield Banned all Foreclosures! How Will The Supreme Court Rule On That?

by nootkabear, posted in Alert, Attorneys, Banksters, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Health, Injustice, Japan, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, Radiation, Raidoanalytical, US Bank
 

BOSTON – A group of Western Massachusetts banks argued before the state’s highest court on Thursday that the city of Springfield’s anti-foreclosure ordinances should be overturned.

The banks say the local ordinances contradict state laws, and a bond levied on lenders constitutes an illegal tax. “It’s not that banks are opposed to mortgage laws and reform, but to how it’s being done,” said Craig Kaylor, general counsel for Hampden Bank, one of the banks that brought the lawsuit. “These are for the state to decide, not city by city.”

But the city disagrees and says the laws are necessary to avoid blight and protect neighborhoods that have high rates of foreclosure.

“This is the city’s response to the foreclosure crisis,” said Springfield Assistant City Solicitor Thomas Moore, who argued the case before the Supreme Judicial Court. “It’s a response from the city council and mayor based on what they see every day in the city. They’ve taken the strongest stance to protect homeowners and the city itself.”

The city of Springfield passed two anti-foreclosure ordinances in 2011 as the city was being hit hard by the mortgage foreclosure crisis. One ordinance requires a bank that forecloses on a home to pay for a $10,000 bond, which can be used by the city to maintain the foreclosed properties, if the bank fails to do so.

The other ordinance requires the establishment of a mandatory mediation program to help homeowners facing foreclosure. The bank would be responsible for paying most of the cost of the mediation.

Springfield is among the top cities in the state in the number of distressed properties it has. The city says high rates of foreclosures lead to health and education problems for children in families that lose their homes, and high rates of blighted or vacant properties lead to crime and violence in those neighborhoods.

Six western Massachusetts banks, with Easthampton Savings Bank as the lead plaintiff, challenged the ordinances. A U.S. District court judge upheld the ordinances. However, on appeal, the U.S. Court of Appeals issued a stay preventing Springfield from enforcing them. The federal court then asked the Supreme Judicial Court, the state’s highest court, to answer two questions related to state law before the federal court makes its ruling. The case is Easthampton Savings Bank and others vs. City of Springfield.

The SJC must decide whether the local foreclosure ordinances are preempted by existing state foreclosure laws. The court must also decide whether the $10,000 bond is a legal fee or an illegal tax. Cities and towns cannot create taxes without legislative approval.

The banks also argue that the ordinances violate the contract clause of the U.S. Constitution by impairing the contract between the homeowner and the mortgage-holder, a question that remains before the federal court.

During Thursday’s arguments, Tani Sapirstein, an attorney representing the banks, argued that the bond is a tax because banks do not get any particular benefit from paying it – which is the criteria for calling something a fee. The way the bond works is when a foreclosed property is sold, if the city did not have to use the bond money to maintain it, $9,500 would be returned to the bank and $500 is kept by the city as an administrative fee, used to maintain blighted properties and implement the foreclosure laws.

Chief Justice Ralph Gants questioned Sapirstein on whether the bank does not actually receive benefits. “You have an interest in preserving the value of your property,” Gants said. “If there are foreclosed properties going to hell all around your property, it diminishes the value of your property and diminishes the value of what you receive on the foreclosure. Why is this concern about avoiding blight not something that would benefit the bank as well as the city?”

Sapirstein replied that eliminating blight would benefit the bank “as well as the city and other property owners in the neighborhood.” “How is that a particularized benefit?” she said.

Moore argued that the bond is a fee, which the city needs to hire code inspectors and create a database of who controls foreclosed properties.

But Justice Geraldine Hines said if she pays for a copy of her birth certificate, she gets a document in return for the fee. “Here I don’t see that,” she said. “The property owners, the mortgagees, don’t have something tangible.”

Moore said the banks get a “well-regulated industry” and preservation of their property values. In addition, when a bank registers ownership in the database, the city knows who is responsible and problems can be resolved more easily.

Sapirstein also argued that local law cannot require more than state law in an area that is regulated by the state or the result would be “a patchwork of ordinances.”

Gants indicated that the court may move to narrow the ordinances – for example, applying them only to a bank that has taken possession of a house, not a bank that is in the process of foreclosure when the homeowner is still living there. Gants said the ordinance as written could fine a bank for not maintaining a property where the homeowner still lives. As a homeowner, Gants said, “I’d say I’m still living here. This is my home. How can they be punished for not invading what’s still my home just because they happen to be foreclosing on it?” Gants said.

Moore acknowledged that the ordinance may be overbroad and said the city does not anticipate pursuing a violation in a case like that. Moore said the lenders’ lawsuit is premature because there is no information yet about how the city will enforce the laws. “We have the lenders essentially saying the sky will be falling, we are worried about x, y, z happening. None of that has happened and none of that may happen,” Moore said.

Moore said the city is still writing the regulations for the ordinances and if they are upheld, “The city is ready to go forward with implementation within a period of weeks.”

Similar foreclosure ordinances were established in Lynn and Worcester, and local banks challenged those as well. That lawsuit is pending in U.S. District Court in Worcester. The case involving Lynn and Worcester could be affected by the SJC’s ruling in the Springfield case.

Several activists supporting homeowners came in from Lynn and Springfield to hear the arguments. Candejah Pink, a Springfield homeowner and community organizer battled foreclosure for four years before reaching an agreement to keep her home. She helped write the Springfield ordinances. Pink said the bond is there to ensure that homes are maintained, which keeps crime and violence down. The mediation program, she said, is important to help homeowners come to an agreement with lenders. “We’re not asking to live in our homes for free. We’re asking for some mediation,” she said.

Encounters with Pro Se Litigants

by nootkabear, posted in Attorneys, Court Cases, Courts, Disasters, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

http://www.atlantatrial.com/encounters-pro-se-litigants/

Encounters with pro se litigants

by Daniel DeWoskin

June 1st, 2011

We have all heard that a lawyer who represents himself has a fool for a client. Many of us have had occasion to walk into a courtroom, be it in magistrate, state, or even superior court, only to find that the courtroom is packed with pro se parties waiting to have their matters adjudicated. Watching inexperienced people handle their legal matters can at times be entertaining and at other times extremely frustrating. We observe these parties fumbling with rules regarding cross-examination or the admission of evidence. It is almost always apparent that these people are uncomfortable, intimidated, and unaware of how much they do not know about prosecuting or defending a legal action. Out of necessity, desperation, or perhaps stubbornness, many people still choose to represent themselves in court.

Is it hubris that causes these people, these “fools,” to represent themselves? The fact is that many parties are representing themselves because they could neither find, nor afford, counsel in a particular matter. These situations can be simply tragic. Many times, these persons are out-maneuvered by an attorney because they fail to acknowledge procedure or to understand the application of law to a particular issue. These people may lose their cases solely because their temperament or demeanor has overshadowed the presentation of evidence in their cases. There is not much of a fix to this problem, as the courts cannot take it upon themselves to advise pro se parties lest they cease to be impartial to some extent.

As attorneys, it can be like watching a train wreck. And yet, even watching the least capable pro se parties, I have to give them credit for having the nerve to walk into court, to stand before a group of strangers, and to engage in public speaking for which the outcome may have dire consequences. It is refreshing and impressive when some of these individuals have taken the time to conduct research into their legal issues and patiently wait for certain cues from the court as they advocate for their position. We have all seen these cues ignored at times by the most experienced and knowledgeable attorneys.

I myself have dealt with pro se parties and can say that I have always found it to be troublesome. When dealing with a pro se party, I am always cautious to avoid ever giving legal advice to the other party. I have a duty to my client and my responsibility to zealously represent his or her interests cannot be compromised. I also have a duty to deal fairly and honestly with my opponent. In these situations, it can be challenging to set the right tone so that I do not inadvertently escalate any hostility that may already be present in the litigation. Even by making very deliberate choices as to how I speak with my opponent can backfire, causing more work and headache for everyone involved, including the court.

Any lawyer who has dealt with pro se parties is likely to say that there is some measure of comfort when dealing with represented parties. Pro se parties are always personally involved in the matter at hand and can often have difficulty taking a step back so that they might see their opponents’ arguments for what they are. If these people were not personally involved, they would not deem the matter worth their time or attention in the first place. When both parties are represented by experienced and professional counsel, knowledge of law and courtesy generally help govern the course of litigation. This is quite the contrast between the emotion and intimidation that can be in play in pro se litigation.

There are also times where we as attorneys sit down in a crowded court and have the person seated beside us turn and ask, “Are you an attorney?” This usually means that we are about to be asked if we can answer a quick question that is never quick and never isolated. When I find myself in this position, I usually resort to recommending that the person ask for a continuance and seek counsel, but I am always professional and polite so that I do not seem to be turning my back on them. As opposed to explaining that I need to be paid for my services, which is true, I have found that people respond better when I explain that without a thorough review of the particular facts of both parties and their assertions, I am not able to provide them with a reliable answer.

It is extremely important in our justice system for people to have access to the courts, even when they cannot afford counsel. Our judges do a good job demonstrating patience and appreciation for the rights of pro se parties, and yet I am continually perplexed by how many people will try to handle a complex litigation matter without doing any homework. While I doubt these same people would handle their own dental work, sometimes I just have to wonder.

I am disappointed when I see pro se parties get intimidated by attorneys in court. There are those rare moments when one of these parties, outgunned and out of their element, has done the legwork and prevails in court. If you have never seen this in action, it is something to behold. Recently, I spoke to a young woman who succeeded in defending herself in a civil action. It was rather remarkable. I was impressed by the quality of her research and preparation, and she was impressed by how ignorant and unprepared her attorney counterpart was.

I suppose the takeaway from this encounter was that we should never take our opponents for granted. So, while a lawyer who represents himself has a fool for a client, there is no substitute for preparation, knowledge of the law and facts, and humility in a court of law. As lawyers, we should try to find the balance between stressing the value of qualified counsel and understanding why people may still choose to represent themselves. Instead of dismissing all these people as foolhardy, perhaps we should first caution them, then suggest where they might find the resources to empower them in their decision. In the end, if they do follow through with the research, it should demonstrate that what we do is unique, precise, and specialized.

As lawyers, we are aware of the dangers of pro se litigation. We know the troubles that lurk in handling matters without knowing the facts, the law, and the applicable procedure. For those who do not know these dangers, we must act as stewards. We may benefit these people and the system in general without giving out free legal advice, but also without treating what we do as beyond the reach of a dedicated individual with something to prove. Once again, many of these individuals do not have a choice, and nobody in our community benefits from a system that breeds intimidation and contempt.

Article appears in the DeKalb Bar Association Newsletter

See Original Article>>

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Honor system for foreclosure paperwork has led to illegal Colorado seizures, lawyer surmises – The Denver Post

by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, law, Legal, manifest injustice

http://www.denverpost.com/business/ci_20160083/honor-system-foreclosure-paperwork-has-led-illegal-colorado

Posted:   03/13/2012 01:00:00 AM MDT
March 13, 2012 3:50 PM GMT Updated:   03/13/2012 09:50:25 AM MDT

By David Migoya
The Denver Postdenverpost.com

(Associated Press file photo)

Thousands of Colorado homes were taken in foreclosure in recent years by banks that probably never had the right to do so because no one bothered to challenge the process, said a lawyer who worked for the state’s biggest foreclosure law firm.

Lawyers often blindly sign a document attesting that the bank they represent has the right to foreclose — allowable under Colorado law — without ever actually seeing the original loan documents, attorney Keith Gantenbein said. He worked at Castle Stawiarski, where more foreclosure cases originate than any other law firm statewide.

Gantenbein said he and other lawyers signed "tens of thousands" of documents known as statements of qualified holder. The papers certify lenders’ right to foreclose, generally with little more than an e-mail from a bank or loan servicer telling the lawyers to file the case.

"The discomfort was you had no way to verify the information they provided, and we found many bank errors, and you’re not 100 percent sure you had the right to foreclose," Gantenbein said Monday. "It happened so frequently that there has to be a large percentage of homeowners who lost their homes to the wrong people."

Gantenbein, 31, is expected to appear today before a state House committee taking testimony on a bill designed to end the practice and require banks to provide original loan papers before they can foreclose.

The bill, sponsored by Rep. Beth McCann, D-Denver, also would require judges to certify that foreclosing lenders have the legal right to take a property. Currently, they only attest that a homeowner is in default of a note and is not serving in the military before ordering a foreclosed home to be sold at public auction.

HB 1156 is scheduled to be heard at 1:30 p.m. today in the Economic and Business Development Committee.

Gantenbein is the first lawyer involved in the foreclosure process to speak publicly. He is among a number of attorneys who have told The Denver Post they were uncomfortable with signing documents attesting a bank’s right to foreclose without actually knowing whether it was true.

"As an inside attorney, … Keith describes the pressure to foreclose quickly and efficiently, not always dotting the I’s," McCann said. "I admire his bravery in coming forward to help correct a broken and unfair system."

Gantenbein said Colorado’s century-old public-trustee system of foreclosures — unique in the nation — has been manipulated so often that it’s no longer the unbiased process that was intended.

"I just feel the process is tilted unfavorably to the lender and that borrowers are simply being taken advantage of with a system that isn’t transparent," said Gantenbein, who estimates he signed as many as 60 qualified-holder statements each day during the more than two years he worked at the Castle law firm.

Lawrence Castle did not respond for comment.

"The foreclosure process in Colorado is one of blind faith," Gantenbein said. "Colorado’s current laws unfairly allow lenders and law firms and attorneys to railroad through the foreclosure process and hide or gloss over substantive issues."

The qualified-holder process is legal, created in 2002 and 2006 in paragraphs buried deep inside legislation designed to shore up Colorado’s foreclosure laws.

Castle was among a group of lawyers specializing in foreclosures who helped draft the laws, which were then backed by an association representing the state’s public trustees.

In a Denver Post story published in September on how the law was drafted, several trustees said the qualified-holder section was slipped in without their knowledge. Others said they believed the bill related to battling mortgage fraud, which was another aspect to it.

Gantenbein said it was passed "solely to make foreclosures faster and easier." The reason: "To get paid faster. It’s all about the money."

Trustees, many appointed by the governor, by law are required to oversee the foreclosure process fairly and without bias.

Before the change, banks were required to file original loan documents, and homeowners had the right to challenge a bank before a judge.

David Migoya: 303-954-1506 or dmigoya@denverpost.com

Honor system for foreclosure paperwork has led to illegal Colorado seizures, lawyer surmises – The Denver Post