Tag Archives: Spurious Lien

Martin Foster Egelhoff v. Lesley Joe Taylor, 2013COA137 (Sept. 26, 2013).

“When you have no basis for an argument, abuse the [judge].” Cicero. After pleading guilty to criminal charges, an inmate sent his sentencing judge documents claiming the judge owed him $500 million. After the inmate filed a lien against the judge’s property, the judge sought and was granted an order declaring the lien spurious and invalid pursuant to CRS § 38-35-204 and CRCP 105.1. On appeal, the inmate claimed the court erred in finding the lien invalid, but did not provide any legal or factual support for its validity. Further, the inmate argued the judge failed to exhaust administrative remedies before challenging the lien. The court of appeals held that, with no supporting documentation for the lien, the court properly invalidated the lien. Further, the judge’s actions complied with statutory requirements, making administrative exhaustion unnecessary and impossible.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA1963-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9097&courtid=1

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Filed under Administrative, Property

Deutsche Bank Trust Co. Americas, and Saxon Mortgage, v. Veronica E. Samora, 2013COA81 (May 23, 2013)

“Samora chose to accept … misrepresentations rather than … investigate the transaction after discovering the document was a warranty deed with the name of an individual [Wasia] she had never met.” (Opinion). Samora was the victim of a complex real estate fraud. As part of the fraud, she relied on misrepresentations about a warranty deed she signed, and unknowingly transferring title to Wasia. Wasia deeded the house to Saxon for a loan. Deutsche Bank (DB), Saxon’s trustee, sought to quiet title. The appellate court held that the Samora-Wasia deed was valid. As a consequence: 1) Samora’s claims accrued when she alerted the DA to the fraud, 2) there was no fraud in the factum because she knew she signed a deed, and 3) DB (who was not “closely related” to Saxon) was a holder in due course. Thus, the deed was not voided and the Wasia-Saxon deed was not a spurious lien. Title quieted in Saxon.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2013/12CA0872-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8957&courtid=1

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Filed under Contracts, Corporations