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BOLEN v. FERRY TRUST

No. 96CA0369.

949 P.2d 82 (1997)

James BOLEN and Phyllis Bolen, Plaintiffs-Appellees, v. The Kathleen V. FERRY TRUST, Robert M. Kendall, and Texas Commerce Bank National Association, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 29, 1997.

Certiorari Denied January 12, 1998.

Attorney(s) appearing for the Case

Dunn, Abplanalp & Christensen, P.C., Arthur A. Abplanalp, Jr., R.C. Stephenson, Vail, for Plaintiffs-Appellees.

Otto, Porterfield & Post, LLC., Frederick S. Otto, Wendell B. Porterfield, Jr., Vail, for Defendant-Appellant Kathleen V. Ferry Trust.

Stutz & Miller, R. Gregory Stutz, Paul G. Urtz, Denver, for Defendants-Appellants Robert M. Kendall and Texas Commerce Bank National Association.

Opinion by Judge PLANK.

The dispositive issue in this appeal is whether a valid lien may be established against real estate if the recorded chain of title reflects that property is owned in the name of an individual but the lien is granted by that individual as "trustee." Plaintiffs, James and Phyllis Bolen, assert any such lien is invalid as a matter of law. The trial court agreed and entered judgment accordingly. We reverse and remand for further proceedings.

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