The economic downturn is leaving a mark on Colorado’s court system with a 72 percent increase in civil filings compared with last year, according to data from the state court administrator’s office.
The numbers show that most of the increase is a result of the recession, with a rise in foreclosure filings and property-tax liens in district courts statewide.
In fiscal 2010, there were 116,346 civil cases filed in the state’s district courts.
In 2009, there were 67,480.
A decade ago, 39,161 civil lawsuits were filed, which shows there has been almost a 200 percent increase when compared with this year’s numbers.
In Denver District Court, there were 12,218 civil filings last year. This year, there have been 25,573.
The 8th Judicial District, covering Larimer and Jackson counties, had 2,756 civil suits filed in 2009 and has had 4,028 filed this year.
While the numbers of civil filings grow, court staffing has declined because of state budget cuts.
Rob McCallum, spokesman for the Colorado Judicial Branch, said the property-tax liens are largely a paperwork problem that isn’t affecting courtroom time.
The surge is mostly felt by court clerks who are charged with processing those cases, McCallum said.
“We are paperless, but it’s just that much more time we spend on Lexis- Nexis, and we are so short-staffed and struggling to keep our heads above water anyhow,” said Sherlyn Sampson, Larimer County’s clerk of the court. “I know the judges are feeling the impact because it’s more they have to deal with. They have to spend time at their computers looking at documents.”
Sampson said eight positions were cut from the clerk’s office last year.
In 2009, Larimer County had 43 property-tax liens filed in District Court; this year, it has had 969.
“It has been a struggle to get things done,” Sampson said.
While not all foreclosures make it into courtrooms — many homeowners defaulting on the loans don’t show up for their hearings — lawyer Michael Suchoparek says the new filings are clogging the system.
Suchoparek, a managing partner of the Denver firm Weselis & Suchoparek LLC, said while the numbers of new foreclosures are not as high in Colorado as they were three years ago, the courts are busy with filings on properties that defaulted on federal loan-modification programs.
“So what happens is that a foreclosure on the books a year and half ago is on the books this year as well,” he said. “The foreclosure starts all over again.”
Adding to the increase in filings are “robo-signers” — mortgage companies that have bought up large numbers of mortgages and then file for large numbers of foreclosures.
These companies, however, may not have all the required paperwork on the mortgage, and they are being challenged by homeowners in court.
“They say, ‘Hey, state judge, yes, I am behind in my payments, but they cannot prove they have the note,’ ” Suchoparek said. “A lot of judges are throwing their hands up in the air. There are about 20 people on the docket each day arguing the same thing, and the judges keep pushing it back.”
Suchoparek said it can take two to three years for a Rule 120 foreclosure proceeding to make its way through the courts, delaying the inevitable for some people who are trying to save their house.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
