Fernandez vs Colt Holdings

Elkus & Sisson

An individual sued our clients, a foreclosure investing company who buys, renovates, and sells distressed properties, alleging a civil theft claim and a violation of the Colorado Fair Debt Collection Practices Act. The district court issued summary judgment on our client’s behalf and the matter was appealed.

The Colorado Court of Appeals affirmed the district court’s ruling, finding that our clients’ conduct was lawful, that our clients did not commit civil theft, that they were not “debt collectors,” that Colorado’s foreclosure statutes control how to remove a home from the foreclosure process, and that an individual can’t pay a debt at any time to pull a home out of foreclosure.

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