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LIBERTY MORTG. CORP. v. FISCUS

Supreme Court Case No. 14SC586.

379 P.3d 278 (2016)

2016 CO 31

LIBERTY MORTGAGE CORPORATION, a Georgia corporation; BB&T Corporation, a North Carolina corporation; and Branch Banking and Trust Company, a North Carolina corporation, Petitioners; v. Raymond L. FISCUS, a/k/a Ray Fiscus, Respondent.

Supreme Court of Colorado.

May 16, 2016.

Attorney(s) appearing for the Case

Attorneys for Petitioner Branch Banking and Trust Company: Dufford, Waldeck, Milburn & Krohn, LLP, Christopher G. McAnany , Grand Junction, Colorado.

Attorneys for Respondent: Hoskin Farina & Kampf, P.C., David M. Dodero , Nicholas H. Gower , Grand Junction, Colorado.

No appearance by or on behalf of Liberty Mortgage Corporation, a Georgia corporation; or BB&T Corporation, a North Carolina corporation.

En Banc

¶ 1 Petitioner Branch Banking and Trust Company asks us to decide whether a deed of trust securing a promissory note is a negotiable instrument under Article 3 of Colorado's Uniform Commercial Code ("UCC"). The court of appeals held that deeds of trust are not negotiable instruments within the...

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