In Colorado, there is confusion over whether a federal judge can decide if a homeowner’s constitutional rights are violated by the state’s foreclosure laws, Denver Post reports.

There question at hand for the state is whether Colorado foreclosure law violates the 14th Amendment right to due process and whether a federal judge can take on the issue even if it doesn’t affect the homeowner anymore.

At issue is a state court hearing, known as a Rule 120 for the procedure that governs it, in which a judge signs the final order for a county public trustee to auction a piece of property, usually a house.