1 1 DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO 2 Address: Arapahoe County Justice Center 3 7325 S. Potomac St. Centennial, CO 80112 4 ------------------------------------------------------ 5 Plaintiff: MIDFIRST BANK 6 vs. 7 Respondent: 8 STANLEY ALLEYNE 9 ^ COURT USE ONLY ^ 10 ------------------------------------------------------- 11 12 CASE NUMBER: 04 CV 3111 13 DIVISION/CTRM: 408 14 ------------------------------------------------------- 15 TRANSCRIPT OF PROCEEDINGS 16 CONTESTED 120 HEARING 17 AUGUST 24, 2004 18 ------------------------------------------------------- 19 20 21 22 23 24 25 2 1 This matter comes on for Motion to Suppress 2 Hearing, commencing on August 24, 2004, at the hour of 3 9:14 a.m., in the Arapahoe District Court, Division 4 408, before the HONORABLE GERALD J. RAFFERTY. 5 6 APPEARANCES: 7 FOR THE PLAINTIFF: Deanne Stodden 8 ALSO PRESENT: Sahar Alleyne 9 10 11 I N D E X 12 13 (No witnesses were called, sworn, or examined 14 during this portion of the proceedings.) 15 16 17 EXHIBIT INDEX 18 (No exhibits were marked, offered, or admitted during this portion of the proceedings.) 19 20 21 22 23 24 25 3 1 MORNING SESSION, AUGUST 24, 2004, 9:14 A.M. 2 3 THE COURT: Back on the record, 9:00 4 matter, 04CV3111, Midfirst Bank versus Stanley Alleyne. 5 MS. STODDEN: Good morning, Your Honor. 6 Deanne Stodden on behalf of Midfirst 7 Bank. 8 THE COURT: Good morning, Ms. Stodden. 9 Can I have your name? 10 MS. ALLEYNE: I'm Sahar Alleyne. 11 THE COURT: I'm sorry. 12 MS. ALLEYNE: Sahar Alleyne. 13 THE COURT: Sahar Alleyne? 14 MS. ALLEYNE: Yes. 15 THE COURT: Thank you. 16 Let me find this. Oh, here it is. 17 And that's: S-a-h -- S-a-h-r-a? 18 MS. ALLEYNE: -a-r. 19 THE COURT: -a-r. 20 Sahar Alleyne. 21 MS. ALLEYNE: That's right. 22 THE COURT: And I'm sorry. Just bear 23 with me for a moment. 24 Ms. Alleyne, have you seen the bank's 25 response to your answer? 4 1 MS. ALLEYNE: No, Your Honor. 2 THE COURT: It was filed August the 3 13th. 4 And, Ms. Stodden, I started my vacation 5 then, is the reason I haven't ruled on it, noting that 6 you indicated additional costs might be incurred if I 7 did not rule on it. But I wasn't here until yesterday, 8 so -- 9 MS. STODDEN: I understand, Your Honor. 10 THE COURT: Do you have an extra copy 11 for Ms. Alleyne? 12 MS. STODDEN: I do. 13 And one would have been mailed to you on 14 the day it was filed. 15 MS. ALLEYNE: My mail has been being 16 interfered with, Your Honor. I reported it to the 17 Postal Inspection Service. 18 THE COURT: Here's what I'm going to 19 suggest. And -- and let me give you a couple of 20 minutes to take and review it. 21 But first, I'm sorry; I'm ahead of 22 myself. 23 Am I correct in presuming you're related 24 to Stanley Alleyne? 25 MS. ALLEYNE: I'm his biological 5 1 daughter. 2 THE COURT: His daughter. 3 And you're standing in for him? 4 MS. ALLEYNE: No. I'm the only 5 homeowner on the property. But Midfirst Bank has 6 refused to give me any information about the mortgage, 7 and I've been the only person paying it since February 8 2000. 9 THE COURT: Okay. 10 MS. ALLEYNE: And they refuse to tell me 11 even what the monthly due date is supposed to be or 12 confirm what the payment amount monthly is supposed to 13 be and so forth. They've made it impossible for me to 14 do anything to avoid foreclosure. They refuse to give 15 a payoff amount so that I could possibly refinance or 16 sell the property myself. 17 THE COURT: Can I stop you? 18 MS. ALLEYNE: Yes. 19 THE COURT: Here's what I wanted to -- 20 MS. ALLEYNE: Uh-huh. 21 THE COURT: -- ask you. 22 THE COURT: So your contention is 23 you've been writing the mortgage checks since February 24 of 2000 -- 25 MS. ALLEYNE: Yes. 6 1 THE COURT: -- on behalf of your father? 2 MS. ALLEYNE: No. 3 I never agreed to do it on behalf of my 4 father. My father deeded the property to me by 5 quitclaim in February of 2000. 6 THE COURT: Okay. 7 MS. ALLEYNE: And I made it clear to 8 Midfirst Bank that we are separate parties. 9 THE COURT: Here's what I am going to 10 suggest. 11 I don't know if you and Ms. Stodden have 12 had an opportunity to talk. 13 MS. ALLEYNE: No, we have not. 14 THE COURT: Okay. You should read their 15 motion, that one that she's just handed you. And I'm 16 going to give you ten minutes or so to do that. And 17 then I encourage you both to talk a little bit, given 18 what I've heard. 19 What I want to tell you is, though, so 20 that you understand, we, as courts, have -- have a very 21 -- I call it very limited jurisdiction. There's only 22 certain things that we're allowed to look at with 23 regard to this type of proceedings. 24 MS. ALLEYNE: I understand. 25 THE COURT: And you should know that. 7 1 And Ms. Stodden does a good job of sort 2 of setting it out in that response there. 3 But take a moment, read that, and then 4 the two of you talk a little bit. And then I'll be 5 back at 9:30. All right? 6 MS. ALLEYNE: Okay. 7 THE COURT: All right? 8 MS. ALLEYNE: Your Honor? 9 THE COURT: Yes. 10 MS. ALLEYNE: May I also request a 11 motion for continuance? I want to say there are two 12 reasons, right off the bat. One is I was just handed 13 this for the first time, a history of the account. I'd 14 like to review it and have an opportunity to collect my 15 records as to anything that they claim that was not 16 paid or something that I can find proof that they were. 17 Also, I have been trying to -- very 18 diligently to retain counsel. I don't want this 19 delayed. I have no life, really, here in Colorado 20 except to resolve this house dispute. And so I have 21 interviewed well over 60 attorneys trying to find one. 22 I am limited in funds, and I have been looking at 23 Colorado Legal Services. A lawyer from there, Jose 24 Vasquez, contacted Ms. Stodden yesterday, and he did 25 tell her that he accepted my case at least partially, 8 1 although he was not prepared to come to court yet as of 2 this morning because he just received my file late -- 3 mid to late last week. 4 THE COURT: With regard to that, the 5 answer is I don't know. 6 I anticipate, by virtue of the motions 7 Ms. Stodden has filed, that someone from the bank is 8 standing by on the telephone to present proof on this 9 matter. And my inclination will be, if we need to go 10 to the hearing, I'll allow her to proceed, but I'll 11 give you some time; one, to see what case you want to 12 present. 13 But here is something you should 14 understand. Again, in these types of proceedings, 15 judges, by law, concerning property like this, we are 16 under, if you will, strong law that says we must deal 17 with these promptly, because people have money and 18 property tied up, and so we're urged to deal with them 19 promptly. 20 Q Let me say this. If you -- If I find 21 that you have legitimate reasons to ask for a 22 continuance, I'll of course give it serious 23 consideration. But you should know, I'm also inclined 24 to allow the bank to put on its case rather than to 25 keep, you know, putting people on notice to be ready, 9 1 because I'm sure they're tied up at work and all this 2 other type of stuff. 3 But read their response, talk to each 4 other, and then I'll be back at 9:30. Okay? We're in 5 recess until 9:30. 6 MS. ALLEYNE: Thank you, Your Honor. 7 MS. STODDEN: Thank you, Your Honor. 8 (Recess.) 9 THE COURT: We are back on the record 10 in 04CV3111, in the matter of Midfirst Bank seeking an 11 order authorizing the public trustee to sell certain 12 real estate. 13 Ms. Alleyne? 14 MS. ALLEYNE: Yes, Your Honor. 15 THE COURT: Have you had an opportunity 16 to review the Response from the bank? 17 MS. ALLEYNE: Yes, Your Honor. 18 THE COURT: And do you have a what we 19 would call as a reply to that? 20 MS. ALLEYNE: Yes, Your Honor. 21 I'd like -- I'd like to submit this 22 response. Okay. Thank you, Your Honor. 23 THE COURT: Oh. Did you give a copy to 24 Ms. Stodden? 25 MS. ALLEYNE: No, Your Honor, because I 10 1 just had the opportunity to finish reading it. 2 THE COURT: I'm sorry. 3 MS. ALLEYNE: I only just now had the 4 opportunity to finish reading it, Your Honor. 5 THE COURT: Okay. 6 (Discussion off the record.) 7 THE COURT: Ms. Alleyne, while we're 8 getting copies, and I'm going to read it, I need to 9 deal with something at this point, and that is, I 10 understand your -- 11 That's okay. You can remain seated. 12 You don't have to stand. It's all right. And it helps 13 you concentrate, if you sit and look at your papers 14 there. 15 But there's a thing called "standing," 16 meaning: I'm the person who has an interest in the 17 case. 18 And I understand your -- Well, what do 19 I say? I have some understanding of your argument. 20 Apparently your position is you've been paying the 21 mortgage for a while. 22 MS. ALLEYNE: They have taken over 23 $50,000 from me, Your Honor, and I'm not a rich person. 24 THE COURT: Okay. And you've made these 25 payments, and so you're contending that you have 11 1 standing, meaning: I'm the person who has an interest 2 in this particular case, because of what you've told me 3 about; right? 4 MS. ALLEYNE: Yes. Yes, Your Honor. 5 And in addition to the payments I've 6 been making -- and I did bring to their attention since 7 2000 -- so it's not like they just found out that I did 8 this or the deed was transferred to me or anything like 9 that. I am the only person listed with the county now 10 since February of 2000. 11 THE COURT: By virtue of the quitclaim 12 deed from your father? 13 MS. ALLEYNE: Yes, Your Honor. 14 THE COURT: Now, have you and 15 Ms. Stodden had an opportunity to talk about what your 16 position is? 17 MS. ALLEYNE: No, Your Honor. I didn't 18 -- I do not have any questions as to her Motion for 19 Summary Judgment. So I just spent the time just 20 writing out my response to it. But I did not have any 21 questions as far as what she meant by the words she 22 used in there. 23 THE COURT: All right. Well, I wasn't 24 giving you the opportunity to have questions. I was 25 giving you the opportunity to talk to each other to see 12 1 if we needed to go forward with a hearing or if some 2 kind of resolution can be work out short of a hearing. 3 That's the purpose of giving you some time to talk to 4 each other. 5 MS. ALLEYNE: Okay. Well, may I say, 6 Your Honor, we did talk briefly about one issue, which 7 was the continuance issue. Ms. Stodden represented to 8 me that the attorney that told me the contrary 9 yesterday, told her that he will not, in fact, be 10 taking my case. 11 I spoke with him and his -- and his 12 supervisor, because the reason I spoke with the 13 supervisor was I was concerned that he was saying on 14 the one hand he was willing to do something with my 15 case; but on the other hand, he's not going to be in 16 court in the morning. 17 So I talked to the supervisor, and I 18 said: Look, if he hasn't decided not to take my case, 19 can you make him come to court to represent me in the 20 morning? 21 And the supervisor said no. 22 But he also represented to me that they 23 have not decided not to take my case, and they have, in 24 fact, decided to at least take it to the extent of 25 following up to Ms. Stodden as to an assurance that she 13 1 said yesterday that she will immediately provide them 2 the payoff amount. 3 THE COURT: Okay. 4 MS. ALLEYNE: And I do have their phone 5 number and the numbers of both the attorney, 6 Mr. Vasquez, and his supervisor's Mr. Hernandez. 7 THE COURT: All right. Well, it sounds 8 to me like we have to go to a hearing to resolve this. 9 It sounds to me like you do not have an attorney, and 10 so therefore, you would have to represent yourself at 11 this hearing. And further, it seems to me that at the 12 moment you don't have standing to contest this matter. 13 Now, you have made an argument that, I 14 must tell Ms. Stodden, resonates with me a little bit 15 that you claim you sent them a copy of the quitclaim 16 deed, you have made payments, I think you said, 17 totaling over $50,000 to them. But you have to be 18 prepared to present all that evidence. 19 MS. ALLEYNE: I understand, Your Honor. 20 THE COURT: That's -- At the moment, 21 it's just, you know, what we call representations from 22 you. I -- I don't have any evidence to that effect. 23 MS. ALLEYNE: I understand, Your Honor. 24 That's only because I did not know, is 25 one of the things I put in my answer, I honestly have 14 1 not been informed of what they were even alleging as 2 grounds for initiating this foreclosure action. 3 THE COURT: And -- Okay. Let me read 4 your response here. 5 MS. ALLEYNE: Okay. 6 I'm sorry. It says here with regard to 7 what? 8 MS. ALLEYNE: Items two and four. 9 THE COURT: Oh. Two and four; paragraph 10 two and four. Okay. 11 Okay. I have read your response, which 12 I will file in the court record. 13 Ms. Stodden, what is Midfirst's position 14 on all of this? 15 MS. STODDEN: Your Honor, I think 16 there's probably several things that need to be 17 addressed here. First of all, with regard to a 18 continuance, Midfirst would be opposed to that. There 19 has been ample opportunity for Ms. Alleyne to retain 20 counsel. The original motion was filed June 28th. Her 21 response was filed July 21st. It is currently August 22 24th. So there has been apple -- ample opportunity for 23 her to obtain counsel, if she desired to do so. 24 Second, I did speak with Mr. Jose 25 Vasquez yesterday from Colorado Legal Services. He 15 1 informed me that he was not going to be representing 2 Ms. Alleyne in this matter. Otherwise he would have 3 appeared today in court. He did ask if I could provide 4 Ms. Alleyne through him with a payoff figure in order 5 for her to attempt to sell the property. 6 What my client would request before such 7 a figure would be provided would be a contract for sale 8 to demonstrate that there is a pending contract, and 9 mindful that there is no statutory right for 10 Ms. Alleyne to demand a payoff figure from my client 11 when there is no contractual relationship between the 12 two. 13 Generally speaking, her rights would be 14 the statutory right to cure or redeem; there's not a 15 statutory right to receive a payoff figure prior to a 16 foreclosure sale by a party who is not the contractual 17 party that is obligated on the note and deed of trust. 18 With regard to Ms. Alleyne's response to 19 the Motion for the Order Authorizing Sale -- or her 20 Reply, I should say, Midfirst Bank would still ask the 21 Order Authorizing Sale enter without a hearing. 22 Ms. Alleyne has not raised any issues 23 that are within the scope of a rule 120 hearing. She 24 seems to be bringing up some issues that are outside 25 the scope with regard to the default. I do not believe 16 1 she has standing to raise the issue of a default, since 2 she is not the party obligated on the note and the Deed 3 of Trust. 4 A quitclaim deed may put her in title to 5 the property, but it does not put her in a contractual 6 relationship with Midfirst Bank. 7 In order to do that, she would have to 8 assume the loan or take out a new loan in her name as 9 opposed to Stanley Alleyne's name. 10 THE COURT: What about -- And I 11 certainly have not researched this. I'm just, if you 12 will, asking some questions to try and understand. It 13 seems to me, because she's not represented by an 14 attorney, that I should ask this question: Isn't there 15 a possibility of an implied contract, if she can prove 16 she has been paying Midfirst Bank with her checks? 17 -- I don't know this, so I'm making a 18 presumption. But if she has been making mortgage 19 payments in a check with only her name, isn't there 20 some type of implied contract between her and Midfirst? 21 MS. STODDEN: Your Honor, I would 22 disagree that in a mortgage type of situation there can 23 be an implied contract or any type of oral contract. 24 Under the Statute of Frauds, any contract that pertains 25 to real property must be in writing. 17 1 There is no writing (sic) contract 2 between these two parties, and any type of writing 3 unless under the Statute of Frauds -- excuse me. 4 Under the Statute of Frauds, any type of 5 adjustment to a credit transaction, which would be what 6 a mortgage would be considered, must also be in 7 writing. And again, there is no writing between 8 Ms. Alleyne and Midfirst Bank. So I do not believe in 9 a mortgage situation that you can have an implied 10 contract or an oral contract; it would strictly be 11 based on the writing. 12 THE COURT: Secondly, and Ms. Alleyne, 13 just so you understand, I believe Ms. Stodden is 14 correct. What -- what she is saying is, and I 15 understand it to be the law, whenever you deal with 16 real estate, property, you can't have oral contracts; 17 it all has to be in writing, no oral contracts or, what 18 I was saying, an implied contract, meaning one party 19 did something with this other party; and therefore, you 20 can imply a contract between them because, whatever 21 this party did, this party accepted. I think she is 22 correct -- 23 MS. ALLEYNE: May I speak, Your Honor? 24 THE COURT: -- now that I've thought 25 about it. That precludes that. 18 1 MS. ALLEYNE: I understand. 2 THE COURT: But let me ask Ms. Stodden 3 another question. 4 Ms. Alleyne claims in her response filed 5 today that her father, the person named in the Deed of 6 Trust is in bankruptcy court, but a stay has not been 7 sought? 8 MS. STODDEN: Your Honor, my clients or 9 my office are not aware of any bankruptcy, we've not 10 been provided with what we normally would receive by 11 somebody who is in bankruptcy status. They would 12 normally provide to their creditors a notice of the 13 bankruptcy so that the creditors are put on notice. 14 We've not yet received anything, nor has Midfirst Bank. 15 That's not to say that perhaps there is not a 16 bankruptcy that we have not been notified of. So I can 17 do some research on that when I get back to the office. 18 But to my knowledge, there is not currently a 19 bankruptcy pending. 20 THE COURT: Okay. Thank you. 21 Ms. Stodden -- Oh. I'm sorry. 22 Ms. Alleyne. 23 Thank you, Ms. Stodden. 24 Ms. Alleyne. 25 MS. ALLEYNE: Thank you, Your Honor. 19 1 There is some things I'd like to say in 2 response to what Ms. Stodden said. One is that they 3 have treated me as mortgagor when it suits them, 4 including as recently as July of this year. They sent 5 me a letter, the Castle law firm did, addressed to 6 myself and labeling me as mortgagor clearly on the 7 letter of July 2004. In this letter, they were seeking 8 more money from me. So it seems to me that they have 9 no problem treating me as mortgagor to take my money; 10 they only have a problem treating me as mortgagor to 11 give me information so that I can actually do anything 12 like refinance, as Ms. Stodden suggested, or sell the 13 house to pay off the mortgage, or even -- They have 14 even refused to send me a application package. 15 I brought this issue up before, and they 16 denied it. But I since found some evidence showing 17 that that is the case. They denied that I had 18 contacted them several times about it. 19 And if you would, Your Honor, I would 20 like to ask you, when you get an opportunity, to look 21 at the record, the internal memoranda they submitted 22 for the previous foreclosure action. It shows that 23 since 2000, 2001, very early on, I had started 24 contacting them asking them for this information. And 25 every instance of that they whited out. But when you 20 1 hold it up to the light, you can see that. 2 THE COURT: I'm -- I'm at sea here a 3 little bit. 4 MS. ALLEYNE: Okay. 5 THE COURT: You're talking about their 6 previous foreclosure action? 7 MS. ALLEYNE: Yes, Your Honor. There 8 was a previous foreclosure action. 9 It was also unjustified. What had 10 happened, very briefly, is that I had made the mistake 11 of sending them -- Since then I have only paid them 12 electronically, but I made the mistake of sending them 13 by mail payments, three money orders in a row. 14 And I know this sounds really harsh, but 15 it seems to me they saw it as an opportunity to pocket 16 my money and fail to credit it to the mortgage account 17 and use it as grounds for a foreclosure. And that was 18 their alleged delinquency. 19 I was in Canada having a miscarriage 20 during those proceedings, so I was not able to appear. 21 But I did get customer service on the phone, I have the 22 tape-recording, if it's something you want me to bring 23 and transcribe or submit of their customer service 24 department admitting that they, in fact, did receive 25 those payments, they were all in excess of the 753.25. 21 1 I don't know if that might be the reason they refused 2 to accept it, because it was not exact or something. 3 And they claimed at various points that 4 they returned it to me; then they claimed that they 5 returned it to my father, which I don't think is a 6 return, because I made it clear we're separate parties; 7 and then they also claimed that they, quote, returned 8 it to a fabricated address, an address that's a 9 combination of the property address here in Colorado 10 that they are otherwise very familiar with, and then 11 it's a half a Canadian address of somewhere my father 12 was dwelling in an apartment. 13 So my lawyer at the time did a test 14 mailing to that address that they claimed in the 15 tape-recording to sent it to, and it just came back to 16 him. 17 So I am fairly certain what happened is 18 they -- it came -- their money orders, if they really 19 sent it there, came back to them, and they still to 20 date have never credited it. 21 THE COURT: But when I say a 22 "foreclosure proceeding," I mean one filed in the 23 courts. 24 MS. ALLEYNE: Yes, it was filed, a rule 25 120 hearing. 22 1 THE COURT: It was a 120 hearing here in 2 court? 3 MS. ALLEYNE: Yes, Your Honor. 4 THE COURT: In Arapahoe County? 5 MS. ALLEYNE: Yes, Your Honor. 6 THE COURT: What year was this? 7 MS. ALLEYNE: It was -- Ultimately, 8 Castle law firm moved to have it dismissed last year, 9 in 2003. 10 THE COURT: Ms. Stodden, do you know 11 anything about it? 12 MS. STODDEN: Your Honor, there was a 13 previous foreclosure action that -- What -- I had 14 worked on the case with her former attorney, Lee Gray 15 (phonetic) from Holland and Hart (phonetic). What we 16 had stipulated to do, they stipulated to the order 17 authorizing sale entering with the stipulation that my 18 client would provide Ms. Alleyne 60 days in which to 19 try and sell the property before we go to foreclosure 20 sale. So we never had a rule 120 hearing. They 21 stipulated to the order entering, a -- a response was 22 filed, they stipulated to the order entering. Sixty 23 days was provided. And during the 60 days, the 24 property was not sold, but, rather, the loan was cured 25 through the public trustee at which point we did 23 1 dismiss our 120 action before the foreclosure sale took 2 place. 3 THE COURT: And was there a response 4 filed by Ms. Alleyne? 5 MS. STODDEN: Yes, Your Honor -- Well, 6 by an attorney on behalf of Ms. Alleyne, yes. 7 MS. ALLEYNE: Your Honor, may I respond? 8 THE COURT: No. I'm done. 9 Here's what I'm going to do so. 10 MS. ALLEYNE: Uh-huh. 11 THE COURT: It seems to me that 12 Ms. Alleyne has some grounds here to argue that she has 13 been acknowledged by Midfirst Bank to be some type of 14 a -- I think it's mortgagee. I think the mortgagor is 15 the person who lends the money. 16 Am I right, Ms. Stodden? 17 MS. STODDEN: Vice versa. 18 THE COURT: Mortgagor. And the 19 mortgagee is Midfirst Bank. 20 And I -- I agree, Ms. Stodden, that the 21 Statute of Frauds would normally preclude this. But in 22 a proceeding, a judicial proceeding, there seems some 23 acknowledgement by the client, Midfirst Bank, that she 24 is the mortgagor of -- of some sort, now that I -- now 25 that I hear the situation. 24 1 Here is what I am going to do, 2 Ms. Alleyne. 3 Understanding Midfirst wants their order 4 so that they can meet their deadlines, you've made a 5 number of representations here. 6 By the way, is it your representation 7 that your father is in bankruptcy court? 8 MS. ALLEYNE: Yes, Your Honor. He sent 9 me e-mails to that effect. We don't communicate very 10 well or very often, but he sent me at least two e-mails 11 to that effect. 12 THE COURT: Okay. 13 MS. ALLEYNE: I have them still, 14 e-mails. 15 THE COURT: Well, as you probably have 16 picked up from Ms. Stodden, normally when someone who 17 is the mortgagor goes into bankruptcy, they name the 18 creditor, Midfirst as a creditor, and what's called an 19 automatic stay comes out of federal bankruptcy court 20 down here to state court to tell us to stop these 21 proceedings because the bankruptcy court is in the 22 driver's seat, if you will. So I guess I'm telling you 23 that is one possibility, if you wish to try and stay 24 this matter. 25 But given -- Ms. Stodden, for your 25 1 client's benefit, here's what I'm saying. Given the 2 history here of one prior 120 and it's resolution by 3 some type of agreement, though I understand it's not 4 the agreement originally entered into by Midfirst, I am 5 going to continue this matter for a short time. In 6 fact, I'm going to continue it, since I have this 7 opportunity, noting that we have a public trustee sale 8 coming up, I'm going to continue it to next Monday or 9 Tuesday. 10 But Ms. Alleyne, let me give you -- 11 since I've given you free legal advice telling you 12 about this bankruptcy thing, in the end, you have to be 13 prepared to present a lot of evidence and argue a lot 14 of law, because I am in no way sure I am correct. I 15 don't know if, by virtue of this prior legal proceeding 16 where you and your attorney were able to negotiate -- I 17 don't know if that gives you some kind of standing. 18 But here's what I am going to tell you, 19 is if -- if you represent yourself, you will be 20 required to adhere to all the rules and regulations 21 that apply to a practicing, licensed attorney. My 22 giving you legal advice will end as of this moment. If 23 you have arguments to make, if you have law to present, 24 if you have evidence to present, you must comply with 25 the rules. 26 1 Do you understand? 2 MS. ALLEYNE: Yes, Your Honor. 3 THE COURT: Okay. 4 MS. ALLEYNE: Your Honor, may I please 5 respond to a material misrepresentation that 6 Ms. Stodden just made when she was last representing 7 about what happened with the -- with the previous 8 foreclosure action? 9 THE COURT: Okay. 10 MS. ALLEYNE: The stipulation, it is in 11 court record, because I've reviewed that record, which 12 is another reason I would beg you to please review it 13 as soon as possible. She -- It is a stipulation that 14 Ms. Stodden personally was involved with. She threw it 15 out there as something that she wanted. However, my 16 attorney explicitely in writing and in the court file 17 refused to stipulate as to that. He presented it to 18 me, I disagreed. He also recommended that I disagree. 19 And so he went back to them and said: No, we will not 20 agree to that stipulation. 21 And what he did was he submitted it to 22 the judge; I believe it was Judge Hannen, and he said: 23 Look, Your Honor, they have agreed to a two-month 24 continuance, but they want us to stipulate to some kind 25 of default judgment in order to get these two months, 27 1 and we don't think that's fair, so would you please 2 just grant the two months without such a stipulation? 3 And the judge did grant that without the 4 stipulation. 5 THE COURT: Okay. 6 MS. ALLEYNE: Thank you, Your Honor. 7 THE DIVISION CLERK: Next Monday, 10:00, 8 August 30th. 9 THE COURT: By the way, I grant 10 Midfirst's motion to provide testimony by way of 11 telephone. 12 Ms. Stodden -- What is that -- Oh, 13 here it is. I presume this is a record keeper from 14 Midfirst? 15 MS. STODDEN: Yes, sir. 16 THE COURT: I'm sure you say that in the 17 motion. I just looked at it quickly. 18 MS. STODDEN: Yes, Your Honor. 19 THE COURT: Okay. That will be granted. 20 MS. STODDEN: Thank you. 21 THE COURT: All right. I'll see you at 22 10:00, August 30. Thank you. 23 MS. ALLEYNE: Thank you. 24 MS. STODDEN: Thank you, Your Honor. 25 THE COURT: Oh. Let me remain on the 28 1 record for a moment. 2 Do either of you have the case number 3 for that prior case? 4 MS. STODDEN: I do not have it with me, 5 Your Honor. I -- I can certainly get it and -- and 6 call your clerk. 7 THE COURT: That would be fine. Thanks. 8 Just if I could look at it before next Monday, I'd 9 appreciate it. Thanks. 10 MS. ALLEYNE: Thank you. 11 MS. STODDEN: I will get that for you. 12 13 (At the hour of 10:12 a.m., the 14 Contested 120 Hearing was continued to August 30, 2004, 15 at the hour of 10:00 a.m.) 16 17 18 19 20 21 22 23 24 25 29 1 REPORTER'S CERTIFICATE 2 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes, taken in my 5 capacity as Official Reporter, in and for the Arapahoe 6 District Court, Division 408, State of Colorado, on 7 the date and place heretofore set forth. 8 Dated this 17th day of October, 2004. 9 10 ___________________________ 11 Carol A. Post, CP, CM, CCR 12 13 14 15 16 17 18 19 20 21 22 23 24 25