HICKS v. LONDRE

No. 04SC741.

125 P.3d 452 (2005)

Donald P. HICKS, Petitioner, v. Kent T. LONDRE; Jennifer A. Londre; and Chase Manhattan Mortgage Corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 9, 2006.


Attorney(s) appearing for the Case

James R. Florey, Jr., Castle Rock, for Petitioner.

Hamil-Hecht, LLC, J. Lawrence Hamil, Christina V. Miller, Denver, for Respondents.

Tobey & Toro, P.C., Gary H. Tobey, Jean M. Toro, Centennial, for Amicus Curiae Timbers Homeowners Association.

Karsh, Fulton, Gabler & Joseph, P.C., Seymour Joseph, Ivan M. Call, Denver, for Amicus Curiae Land Title Association of Colorado.

Durfee West P.C., Amy Durfee West, Denver, for Amicus Curiae Real Estate Law Section of the Colorado Bar Association.


KOURLIS, Justice.

We granted certiorari to review the court of appeals' judgment in Hicks v. Londre, 107 P.3d 1009 (Colo.App.2005). This case questions the vitality and applicability of the doctrine of equitable subrogation in Colorado. Equitable subrogation is a legal theory that allows the holder of an encumbrance on real property, like a mortgagee or lienholder, to assume the priority position of a previous mortgagee or...

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