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COLORADO PROPERTY ACQUISITIONS, INC. v. U.S.

No. 87-2564.

894 F.2d 1173 (1990)

COLORADO PROPERTY ACQUISITIONS, INC., a Colorado corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 1990.

Attorney(s) appearing for the Case

Allan C. Beezley (John F. Hensley with him on the brief) of Dietze, Davis and Porter, P.C., Boulder, Colo., for plaintiff-appellee.

Ernest J. Brown, U.S. Dept. of Justice, Washington, D.C. (William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen, William S. Estabrook and Joan I. Oppenheimer, Dept. of Justice, Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., of counsel), for defendant-appellant.

Before HOLLOWAY, Chief Judge, BRORBY, Circuit Judge, and BOHANON, Senior District Judge.

BRORBY, Circuit Judge.

This case involves the adequacy of the method of delivery of a notice of nonjudicial foreclosure to the IRS and the relative priority between a certificate of purchase and an IRS lien under Colorado law.

The facts are both simple and undisputed. In 1982 a bank loaned taxpayer approximately $32,000 and secured this debt with a first deed of trust upon specified real property. The deed of trust...

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