FIRST ATL. MORTG. v. SUNSTONE N. HOMEOWNERS ASS'N.

No. 03CA2356.

121 P.3d 254 (2005)

FIRST ATLANTIC MORTGAGE, LLC, a Georgia limited liability company, Plaintiff-Appellant, v. SUNSTONE NORTH HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

February 24, 2005.


Attorney(s) appearing for the Case

Bennington Johnson Biermann & Craigmile, LLC, Deanna Lee Westfall, Kathleen E. Craigmile, Tami L. Sapp, Denver, Colorado, for Plaintiff-Appellant.

Richard W. Johnston, P.C., Richard W. Johnston, Englewood, Colorado, for Defendant-Appellee.


RUSSEL, J.

Plaintiff, First Atlantic Mortgage, LLC, appeals from the trial court's judgment denying relief pursuant to C.R.C.P. 105.1. We affirm.

I. Background

In June 2002, a buyer purchased a house that is subject to the covenants and assessments of defendant, Sunstone North Homeowners Association. The buyer gave First Atlantic a deed of trust on the property. In November 2002, First Atlantic began foreclosure proceedings.

In December 2002...

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