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Judge Stops Aurora Foreclosure, Questions Remain

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(credit: CBS)

(credit: CBS)

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AURORA, Colo. (AP) – A federal judge on Tuesday stopped the foreclosure auction of the house of a woman who is challenging the constitutionality of Colorado’s foreclosure law. But it’s unclear if the judge will rule on the law itself.

Lisa Brumfiel says it’s unconstitutional that banks can obtain a foreclosure via public trustee simply by providing a copy of loan documents. She says banks should have to provide original documents.

U.S. Bank has been seeking a public-trustee foreclosure on Brumfiel’s house, but the judge’s order has stopped that process. The bank could still foreclose on Brumfiel’s house by filing a lawsuit.

The Denver Post reports Brumfiel’s lawsuit is effectively moot, because U.S. Bank has said it won’t seek a public-trustee foreclosure against her again. The judge, however, has not dismissed her complaint.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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