John Davis v. Deutsche Bank National Trust Co., et al.
1. Whether foreclosure and eviction of homeowners, by virtue of statutory conclusive presumptions that allow courts to deem a creditor's ownership without proof or a homeowner's ability to dispute an alleged creditor's standing, and property to be taken in a limited summary judgment proceeding based on reasonable probability of default, deprive homeowners of due process.
2. Whether an agreement to act in concert by two foreclosure attorneys, benefitting themselves and creditors, is implied when they become de facto legislative staff attorneys who act to statutorily eliminate alleged creditors' burden of proof.
3. Whether violations of clearly established constitutional law and Colorado's foreclosure practice as non-adjudicative, non-adversarial, and a limited eviction proceeding, renders judges and public trustees without judicial and qualified immunity and therefore subject to §1983 damages along with other defendants.
Whether foreclosure and eviction of homeowners, by virtue of statutory conclusive presumptions that allow courts to deem a creditor's ownership without proof or a homeowner's ability to dispute an alleged creditor's standing, and property to be taken in a limited summary judgment proceeding based on reasonable probability of default, deprive homeowners of due process