CITYWIDE BANKS v. ARMIJO

No. 10CA1458.

313 P.3d 647 (2011)

CITYWIDE BANKS, Plaintiff-Appellant, v. Brenda L. ARMIJO, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

October 13, 2011.


Attorney(s) appearing for the Case

Podoll & Podoll, P.C., Richard B. Podoll , Robert C. Podoll , Robert A. Kitsmiller , Greenwood Village, Colorado, for Plaintiff-Appellant.

Sweetbaum, Levin & Sands, P.C., Alan D. Sweetbaum , Jonathon G. Nash , Denver, Colorado, for Defendant-Appellee.

Hogan Lovells U.S. LLP, Craig A. Umbaugh , David A. DeMarco , Denver, Colorado, for Amicus Curiae Colorado Bankers Association.

Karsh Fulton Gabler Joseph PC, Seymour Joseph , Denver, Colorado, for Amicus Curiae Land Title Association of Colorado.


Opinion by Judge TERRY.

In this appeal, we address as a matter of first impression the applicability of Colorado's Uniform Commercial Code (UCC) section 4-3-301, C.R.S.2011, to a factual scenario that has not been discussed in Colorado appellate case law since the 1930s.

Plaintiff, Citywide Banks (Bank), appeals the order denying its motion for sale of the property owned by defendant, Brenda L. Armijo. We affirm.

I. Background

In 2003, Dakota...

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