Pioneer Savings & Trust, F.A. v. Ben-Shoshan

Opinion by

Chief Judge STERNBERG.

The defendants, Meir and Ariela Ben-Shoshan (purchasers) and Colorado Territory, Inc., appeal the summary judgment entered in favor of plaintiff, Pioneer Savings & Trust, F.A., finding the defendants liable for the deficiencies on four promissory notes. They also appeal the court’s award of attorney fees to Pioneer. We reverse and remand for a trial on the question of whether, when the purchasers accepted a warranty deed containing an assumption clause, they assumed the debt on the notes held by Pioneer. In addition, we reverse the award of attorney fees.

On…