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FIFTH THIRD BANK v. JONES

No. 06CA0296.

168 P.3d 1 (2007)

FIFTH THIRD BANK, Plaintiff-Appellant, v. Monay N. JONES, Defendant-Appellee.

Colorado Court of Appeals, Division III.

July 12, 2007.

Attorney(s) appearing for the Case

Castle Meinhold & Stawiarski LLC, Deanna L. Westfall, Denver, Colorado; Faegre & Benson LLP, Michael S. Freeman, Denver, Colorado, for Plaintiff-Appellant.

Berenbaum, Weinshienk & Eason, P.C., I.H. Kaiser, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge ROY.

Plaintiff, Fifth Third Bank (the bank), appeals the trial court's judgment in favor of defendant, Monay N. Jones (the debtor), on the bank's attempted foreclosure of a deed of trust. We affirm.

In November 2000, the debtor executed a promissory note in favor of a mortgage company in the amount of $261,250 that was secured by a deed of trust on her home. Sometime thereafter, the bank became the holder of the note. The debtor then defaulted...

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