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AMOS v. ASPEN ALPS 123, LLC

No. 10SC187.

280 P.3d 1256 (2012)

2012 CO 46

Betty G. AMOS and the Estate of Thomas R. Righetti, Petitioners v. ASPEN ALPS 123, LLC, and Equitable Bank, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 30, 2012.

Attorney(s) appearing for the Case

Holland & Hart, LLP, Wiley E. Mayne , Steven T. Collis , Denver, Colorado, Holland & Hart, LLP, Christopher J. Heaphey , Aspen, Colorado, Attorneys for Petitioners.

Garfield & Hecht, P.C., Matthew C. Ferguson , Christopher D. Bryan , Aspen, Colorado, Attorneys for Respondent, Aspen Alps 123, LLC.

Duncan, Ostrander & Dingess, P.C., Richard F. Rodriguez , James Birch , Denver, Colorado, Attorneys for Respondent, Equitable Bank.

Justice RICE delivered the Opinion of the Court.

¶ 1 In this appeal, we address whether a failure to strictly comply with C.R.C.P. 120's notice requirements mandates setting aside a completed foreclosure sale. We conclude that when the parties received actual notice which afforded them an opportunity to present their objections and no prejudice resulted, we will not disturb a completed foreclosure sale. Accordingly, we affirm the court of appeals' judgment with...

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