Upson v. Goodland State Bank & Trust Co.

We granted certiorari to review the decision of the Colorado Court of Appeals in Upson v. Goodland State Bank & Trust Company, 797 P.2d 845 (Colo.App.1990). This case requires us to determine whether a forged request for a release of a deed of trust can form a valid basis for the release of that deed by the public trustee. We conclude that it cannot, and therefore reverse the judgment of the court of appeals.

I

In June 1981, George W. Green, Jr., executed a promissory note in favor of the petitioner, Doyle Upson, for $105,000. The note was secured by a first deed of trust on improved real…