According to the Denver Post, a Colorado homeowner's attempt to challenge the constitutionality of the state's foreclosure process failed in court. The paper explains:
Lisa Kay Brumfiel claimed the process was flawed in that it allows lenders to foreclosure without having to prove their legal right to do so. Lenders at one time were required to produce the mortgage note that a homeowner signed, but a law passed in 2006 changed that, allowing lawyers to merely claim the banks had the authority.
Brumfiel's legal battle to stop the foreclosure of her house took a fatal hit Oct. 2 when U.S. District Judge William J. Martínez ruled that his jurisdiction to handle the case dissolved months ago when U.S. Bank changed how it would pursue the property.
Brumfiel's defeat in federal court doesn't entirely dismiss the efforts at challenging the constitutionality of Colorado's Rule 120 process. At least two other cases filed by homeowners seeking to stop the foreclosure against them have made similar constitutional claims.