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Home My WebLink About20113094.tiff PF.V 7; .1, ,n. 53 District Court,Weld County,Colorado 901 9th Ave. Greeley,CO 80631 (970)351-7300 (I( Plaintiff(s):First Bank d/b/a Fist Bank Mortgage Defendant(s): Christine G. McDaniel,Derek J.McDaniel,the Colorado y^' Department of Motor Vehicles,the Assessor of Weld County, Case Number: f,5111)0 Colorado,the Board of County Commissioners of Weld County, Colorado,the Public Trustee of Weld County, Colorado,and any and all other parties who may claim an interest in the subject matter of this action. Div.: Ctrm: Attorney for Plaintiff: Robert W.Reed,No. 19935 Robert W.Reed,LLC 1301 Washington Ave., Ste. 350 Golden,CO 80401 Phone: (303)431-9891 Fax: (303)845-9189 E-mail: rreed(areedlaw.org SUMMONS THE PEOPLE OF THE STATE OF COLORADO: TO: THE ABOVE-NAMED DEFENDANTS You are summoned and required to file with the clerk of this court an answer or other response to the attached complaint within twenty(20) days after this summons is served on you in the State of Colorado,or within thirty (30) days after this summons is served on you outside the State of Colorado. If you fail to file your answer or other response to the complaint in writing within the applicable time period,judgment by default may be entered against you by the court for the relief demanded in the complaint,without any further notice to you. The following documents are served with this summons: Complaint with exhibits,if any,and civil cover sheet. Dated: November 16,2011. ROBERT W.REED,LLC. /s/Robert W Reed* Robert W. Reed,No. 19935 THIS SUMMONS IS ISSUED PURSUANT TO RULE 4, C.R.C.P., AS AMENDED. A COPY OF THE COMPLAINT MUST BE SERVED WITH THIS SUMMONS. *Pursuant to C.R.C.P. 121§1-26, original signatures shall be maintained in the offices of Robert W. Reed, LLC.•Q O,r(X6WS \Q � 5 2 . (I A COI t ) Z. 5- \ 2011-3094 II - Z -II District Court,Weld County,Colorado 901 9`"Ave. Greeley,CO 80631 (970)351-7300 Plaintiff(s): First Bank d/b/a Fist Bank Mortgage Defendant(s): Christine G.McDaniel,Derek J.McDaniel,the Colorado Department of Motor Vehicles,the Assessor of Weld County, ^Court Use Only^ Colorado,the Board of County Commissioners of Weld County, Colorado,the Public Trustee of Weld County,Colorado,and any and all other parties who may claim an interest in the subject matter of this action. Case Number: Attorney for Plaintiff: Robert W.Reed,No. 19935 Div.: Ctrm: Robert W.Reed,LLC 1301 Washington Ave.,Ste.350 Golden,CO 80401 Phone:(303)431-9891 Fax: (303)845-9189 E-mail:rreed@reedlaw.org DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM,CROSS-CLAIM OR THIRD PARTY COMPLAINT I. This cover sheet shall be filed with the initial pleading of a complaint,counterclaim,cross-claim or third party complaint in every district court civil(CV)case. It shall not be filed in Domestic Relations(DR),Probate(PR), Water(CW),Juvenile(JA,JR,JD,JV),or Mental Health(MH)cases. 2. Check the boxes applicable to this case. [X] Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of$100,000.00 against another party, including any attorney fees,penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106,Rule 120,or other expedited proceeding. [] Simplified Procedure under C.R.C.P. 16.1,does not apply to this case because(check one box below identifying why 16.1 does not apply): [] This is a class action or forcible entry and detainer,Rule 106,Rule 120,or other similar expedited proceeding,or [] This party is seeking a monetary judgment for more than$100,000.00 against another party, including any attorney fees,penalties or punitive damages,but excluding interest and costs(see C.R.C.P. 16.1(c)),or [] Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. 3.[] This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P.38 (Checking this box is optional). Date: November 16,2011 /s/Robert W Reed* Robert W.Reed,#19935 Signature of Party or Attorney for Party NOTICE ✓ This cover sheet must be filed in all District Court Civil (CV) Cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing. V This cover sheet must be served on all other parties along with the initial pleading of a complaint,counterclaim, cross-claim,or third party complaint. ✓ This cover sheet shall not be considered a pleading for purposes of C.R.C.P. 11. * Pursuant to C.R.C.P. 121§1-26, original signatures shall be maintained in the offices of Robert W Reed, LLC. District Court, Weld County, Colorado 901 9th Ave. Greeley, CO 80631 (970)351-7300 Plaintiff(s): First Bank d/b/a Fist Bank Mortgage ifs COURT USE ONLY Defendant(s): Christine G. McDaniel, Derek J. McDaniel,the Colorado Department of Motor Vehicles,the Assessor of Weld County, Colorado,the Board of County Commissioners of Weld Case Number: County, Colorado,the Public Trustee of Weld County, Colorado, and any and all other parties who may claim an interest in the subject matter of this action. Div.: Ctnn: Attomey for Plaintiff: Robert W. Reed,No. 19935 Robert W. Reed,LLC 1301 Washington Ave., Ste. 350 Golden, CO 80401 Phone Number: 303-431-9891 FAX Number: 303-845-9189 E-mail: rreed@reedlaw.org AMENDED COMPLAINT Plaintiff states: 1. Plaintiff is a corporation, and is authorized to prosecute this action in the state of Colorado. 2. Defendants Christine G. McDaniel (C. McDaniel) and Derek J. McDaniel (D. McDaniel) are individuals who currently or formerly resided in Weld County, Colorado, and are the record owners of the property that is the subject matter of this action. 3. Defendant the Weld County Assessor (Assessor) is a county official who is charged with establishing and maintaining tax parcels and values in Weld County, Colorado. 4. The Board of Commissioners of Weld County, Colorado, (Commissioners) is a governmental body that is charged with administration of the government of Weld County, Colorado. 5. Defendant the Colorado Department of Motor Vehicles (DMV) is a state agency that is charged with issuing, transferring and purging titles to motor vehicles in Colorado. 6. Defendant the Weld County Public Trustee (Trustee) is the trustee named in the Deed of Trust described herein. 7. Venue is proper in Weld County, Colorado because this action concerns real and personal property (Property) in Weld County described as: Parcel I: Fee Estate Improvements Located On: Parcel 102, According to Longview Leasing Map Recorded April 26, 2002 at Reception No. 2946105, Being a Portion of Longview PUD, Recorded April 9, 1996 at Reception No. 2482964, County of Weld, State of Colorado. Parcel II: Leasehold Estate Parcel 102, According to Longview Leasing Map Recorded April 26, 2002 at Reception No. 2946105, Being a Portion of Longview PUD, Recorded April 9, 1996 at Reception No. 2482964, County of Weld, State of Colorado, excepting improvements located thereon. 8. C. McDaniel and D. McDaniel purchased a mobile home (the Mobile Home), which is identified on the title as a 2001 Fleetwood MH, VIN #IDFLY04AB23621 BFI. 9. The Mobile Home is located on Lot 102 (the Lot) in the Longview P.U.D. (the Community). 10. The owners in the Community agreed to transfer titles to the mobile homes in the Community to Longview, have Longview purge the titles (merge the titles into the real estate records), and then sell the homes and lease the lots back to the respective owners (the steps set forth above are referred to collectively as the Agreement). Thus, under the Agreement,title to the Mobile Home and Lot would be combined and become the same description as the description for the Property set forth above. 11. In furtherance of the Agreement, C. McDaniel and D. McDaniel signed a 'slip transfer' of the mobile home title. The Assessor and DMV are unwilling to accept the slip transfer as a valid transfer of ownership in the Mobile Home, which is necessary to fulfill the terms of the Agreement. 12. The Mobile Home title has been lost or destroyed. C. McDaniel and D. McDaniel have been unwilling or unable obtain a duplicate title, which is necessary to fulfill the terms of the Agreement 13. In reliance upon the ongoing efforts to purge the Mobile Home and the understanding that Weld County would accept the slip transfers, Plaintiff made a loan to C. McDaniel and D. McDaniel (Loan), which was to be secured by the Property. The funds from Plaintiff's loan were used to pay off a preexisting lien against title to the Mobile Home granted by Defendants. 14. The Loan is evidenced, in part, by a $75,000.00 promissory note (Note) made by C. McDaniel and D. McDaniel, originally payable to First Bank Mortgage, Inc. d/b/a First Bank Home Mortgage, Inc. 15. The Note is secured by a Deed of Trust granted by C. McDaniel and D. McDaniel to the Trustee, for the benefit of First Bank Mortgage, Inc. d/b/a First Bank Home Mortgage, Inc. The Deed of Trust was recorded in the Weld County Clerk and Recorder's Office on December 19, 2002, under reception No. 3016541, and encumbers the Property. 16. Subsequently, the Weld County Department of Motor Vehicles indicated it would not accept the slip transfers, and is now requiring either that Defendants sign the original title to transfer the Mobile Home Title to Longview, or that Defendants give a limited power of attorney to someone to complete the transfer and take whatever steps are necessary to purge the title. 17. Despite requests from individuals acting on behalf of Longview and Plaintiff, D. McDaniel and C. McDaniel have not signed the title or executed a power of attorney. FIRST CLAIM FOR RELIEF (TRANSFER OF TITLE AND DETERMINATION OF RIGHTS) 18. Plaintiff incorporates all averments of this Complaint as if set forth fully herein. 19. Pursuant to C.R.C.P. 65(f) and C.R.C.P. 70, Plaintiff is entitled to an affirmative injunction compelling D. McDaniel and C. McDaniel to either execute all documents necessary to fulfill the Agreement by transferring and purging title to the Property and Mobile Home as provided in the Agreement, and, if D. McDaniel and C. McDaniel refuse, to authorize the Clerk of the Court to execute all documents required by the Department of Motor Vehicles and Assessor to effectuate such transfer. 20. Plaintiff is further entitled to a decree adjudging that the Assessor, the Commissioners, the DMV and the Trustee update their respective records to reflect the purging of title and Plaintiff's security interest in the Property, including the real property interest resulting from the purge. SECOND CLAIM FOR RELIEF (DAMAGES) 21. Plaintiff incorporates all averments of this Complaint as if set forth fully herein. 22. Plaintiff is the current holder of the Note and beneficiary of the Deed of Trust. 23. C. McDaniel and D. McDaniel are in default under the terms of the Loan. 24. C. McDaniel and D. McDaniel jointly and severally owe to Plaintiff all amounts due under the Loan, including, but not limited to, principal, interest, late charges, attorneys' fees, costs and other amounts due thereunder. THIRD CLAIM FOR RELIEF (JUDICIAL FORECLOSURE) 25. Plaintiff incorporates all averments of this Complaint as if set forth fully herein. 26. Plaintiff has elected to accelerate the obligations of C. McDaniel and D. McDaniel, and to declare the entire loan due and payable. 27. Due to default under the terms of the Loan by C. McDaniel and D. McDaniel, Plaintiff is entitled to foreclose the Deed of Trust, and to an order directing the Sheriff of Weld County to sell the Property and to apply the proceeds of the sale to the amounts owing on the Loan. 28. Pursuant to the terms of the Deed of Trust, Plaintiff is entitled to recover attorneys' fees, costs of foreclosure and collection as part of the foreclosure. WHEREFORE, Plaintiff prays: (1) for an injunction pursuant to C.R.C.P. 65(O and 70 directing C. McDaniel and D. McDaniel to execute and deliver such documents as are necessary to purge title to the mobile home, and if Defendants refuse, directing the Clerk of the Court to execute such documents on behalf of Defendants, (2) decreeing that Defendants accept the purge of title and change their records to reflect the purge and Plaintiff's security interest in the Property, as purged, (3) for damages, in an amount to be proven at trial, for all amounts owing on the Loan, (4) for judicial foreclosure of the Deed of Trust, (5) for an order directing the Sheriff of Weld County to sell the Property at public sale and to apply the proceeds of the sale to the costs of sale and the amounts owing on the Loan, and (6) for such other and further relief as this Court deems just under the circumstances. Dated: November 17, 2011. Robert W. Reed, LLC /s/Robert W. Reed Robert W. Reed,No. 19935 * Pursuant to C.R.C.P. 121§1-26, original signatures shall be maintained in the offices of Robert W. Reed, LLC. FDCPA NOTICE: ROBERT W. REED, LLC IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR DEBT COLLECTION PURPOSES. Hello