SAN MIGUEL BASIN STATE BANK v. OLIVER

No. 85CA1482.

748 P.2d 1342 (1987)

SAN MIGUEL BASIN STATE BANK, a Colorado banking corporation, and Small Business Administration, an agency of the United States of America, Plaintiffs-Appellees, v. George E. OLIVER, individually and as successor to Marguerite L. Oliver, deceased, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 17, 1987.

Certiorari Denied February 1, 1988.


Attorney(s) appearing for the Case

Brooks & Brooks, John Brooks, Gary L. Swanson, Montrose, for plaintiffs-appellees.

Cashen, Cheney, Johnston & Campbell, Thomas F. Cheney, Montrose, for defendant-appellant.


METZGER, Judge.

In this foreclosure action, George E. Oliver (defendant) appeals the trial court's order denying his motion for an accounting and for an order directing San Miguel Basin State Bank (the Bank) to pay into the court registry that portion of its foreclosure sale bid which constituted unrecoverable fees, interest, and costs. Defendant contends that the trial court erred in allowing the Bank to include the following expenses in arriving at the sum for which...

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