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COMM. FACTORS OF DENVER v. CLARKE & WAGGENER

No. 83CA0510.

684 P.2d 261 (1984)

COMMERCIAL FACTORS OF DENVER, a Colorado corporation, Plaintiff-Appellant, v. CLARKE & WAGGENER, a professional corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 10, 1984.

Certiorari Denied July 9, 1984.

Attorney(s) appearing for the Case

Erickson, Holmes, Nicholls, Kusic & Sussman, John B. Kusic, Michael J. Shidler, Denver, for plaintiff-appellant.

Carpenter & Klatskin, P.C., Willis Carpenter, Janell Kinzie, Denver, for defendant-appellee.

VAN CISE, Judge.

In this declaratory judgment action, plaintiff, Commercial Factors of Denver (Commercial), appeals a judgment declaring that a deed of trust for the benefit of defendant, Clarke & Waggener, P.C. (C & W), is a valid encumbrance on property owned by Commercial. We affirm.

Raynard and Susan Fenster, husband and wife, owned in joint tenancy and occupied a house and lot (the subject property) in northwest Denver. Neither of the Fensters...

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