IN RE ROSER

No. 09-1341.

613 F.3d 1240 (2010)

In re Robert James ROSER, Debtor. Sovereign Bank, Appellant, v. Daniel A. Hepner, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

July 20, 2010.


Attorney(s) appearing for the Case

Matthew J. McGowan, Salter McGowan Sylvia & Leonard, Inc., Providence, RI, for Appellant.

Joli A. Lofstedt, Connolly, Rosania & Lofstedt, P.C., Louisville, CO, for Appellee.

Before TACHA, HOLLOWAY, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

On May 19, 2007, Sovereign Bank gave Robert James Roser a secured loan to purchase a motor vehicle, and he took possession of the vehicle that day. Nineteen days later, on June 7, the Bank filed its lien in compliance with the Colorado Certificate of Title Act (CCTA), Colo.Rev. Stat. § 42-6-121 (2007). Because the Colorado Uniform Commercial Code (Colorado UCC), which closely tracks the Uniform Commercial Code (UCC), gives priority over...

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