Colorado homeowners allege mortgage collector can’t prove it owns their loan

Timing sits at the center of the case. The suit says MERS assigned the deed of trust to Real Time Resolutions, Inc. on September 17, 2025, recorded that September 23 – by the filing’s account, roughly 15 years after the alleged default. According to the suit, that assignment moved only the deed of trust, with nothing to show the underlying note had been transferred or endorsed to Real Time Resolutions.

Then the dates stop lining up. A servicing transfer notice put the default at August 2010, with a principal balance of about $74,610.88, the filing says. But later billing statements listed delinquency dates of August 2, 2018, and March 2, 2020. The homeowners allege the servicer moved the delinquency date from 2010 to 2018 “without explanation,” an act they describe as “re-aging the debt by approximately eight years.” Their claim is that shifting the date made a potentially time-barred debt look collectible again. Colorado allows six years to sue on a written debt obligation, the suit notes, citing C.R.S. §13-80-103.5.

The couple also says they received a Chapter 7 bankruptcy discharge that eliminated any personal liability on the loan. According to the filing, the defendants acknowledged the discharge, yet continued mailing monthly collection statements.

When the homeowners pressed for ownership records, the response came through the company’s corporate counsel in January 2026, the filing says. The lawsuit alleges the defendants declined to release ownership-transfer documentation, describing the information as “confidential and proprietary,” while asserting that possession of a note endorsed in blank was enough to establish standing to enforce it.

A March 2026 payoff statement, according to court papers, named RTR Capital II as the “current creditor” and sought roughly $109,684.41 – a figure the suit says included attorney fees, foreclosure fees, inspection fees, broker opinion fees, and accrued interest. The filing states that same statement carried this line: “The legal time limit (statute of limitations) for suing you to collect all or a portion of this debt may have expired.”