Dennis SHAW and First Horizon Home Loan Corporation, Petitioners/Cross-Respondents
v.
17 WEST MILL ST., LLC, a Colorado limited liability company, Respondent/Cross-Petitioner
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
Attorney for Respondent: Stevens, Littman, Biddison, Tharp & Weinberg, LLC, Craig A. Weinberg , Boulder, Colorado
Attorneys for Amicus Curiae Real Estate Law Section of the Colorado Bar Association, Davis Graham & Stubbs LLP, Geoffrey C. Klingsporn , Denver, Colorado, Notarianni & Notarianni, Gregory J. Notarianni , Denver, Colorado
Attorneys for Amicus Curiae Land Title Association of Colorado, The Sweetser Law Firm, P.C., Daniel A. Sweetser , Denver, Colorado
Supreme Court of Colorado, En Banc.
Justice HOBBS delivered the Opinion of the Court.
¶ 1 In this case, reviewing the decision of the court of appeals in 17 West Mill St., LLC v. Shaw, 2011 WL 2321430, ___ P.3d ___ (Colo.App.2011),1 we construe section 38-39-102(8), C.R.S. (2012), as requiring proof of actual fraud by a preponderance of the evidence in order to void a public trustee's release of the lien of a deed of trust pursuant to a written request. The statute...
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