Legal Question in Real Estate Law in Colorado
appeal of 120 rule
my farm land is in the process of foreclosure. i've attended the rule 120 hearing and objected to the selling because of my retaining water rights, both underground and above ground. i wanted the court to amend the description of the property to state that the water rights were not included. 9-7-06 at the last hearing the judge ruled that he could not grant my request, but that i could injoin the public trustee before the sale and request to withhold my water rights. at this hearing he stated that he may injoin me also, and suggested that i try and retain an attorney so that my rights did not get over looked. i've recently lost my husband and i also have medical problems, so i'm unable to afford an attorney, but i'm afraid i will lose my water if i'm unable to continue to fight this pro se. i'm looking for an answer as to how do i go about filing all these papers to injoin the trustee? any info would be appreciated. i'm also fighting to keep my equipment as it should be put into the trust of my husbands, and i have the right to exempt property and the family allowance. i've recently filed to have this transfered to the probate court, but am wanting for an answer from the court. any info you can give me i'd appreciate it. thanks.
1 Answer from Attorneys
Re: appeal of 120 rule
This is a very complex issue because of the property/water law issues, the public trustee and the possible probate matters. As noted by the judge, you could file for an injunction.
Since you cannot afford counsel to handle the entire matter I would recommend that you consider retaining counsel for a limited representation to assist in drafting and general advice on forms. This is allowed under Rule 11(b) and Colorado Rules of Professional Conduct 1.2.
As for the injunction, you must follow the applicable provisions under CRCP 65 which generally requires that you file a bond with the motion for the injunction. As for the forms, go to a law library and ask for the West's CRCP forms book. It has sample forms for each rule.
This article may be helpful as a background, although it is somewhat dated: Presale Judicial Intervention in Public Trustee Foreclosures. 10 Colorado Lawyer 1631 (1981).
Good luck.
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