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Legal Opinion

Commercial Factors of Denver v. Clarke & Waggener

Colorado Court of Appeals

Decided April 12, 1984No. 83CA0510PublishedCited by 4 opinions

1Opinion of the Court

VAN CISE, Judge.

In this declaratory judgment action, plaintiff, Commercial Factors of Denver (Commercial), appeals a judgment declaring that a deed of trust for the benefit of defendant, Clarke & Waggener, P.C. (C & W), is a valid encumbrance on property owned by Commercial. We affirm.

Raynard and Susan Fenster, husband and wife, owned in joint tenancy and occupied a house and lot (the subject property) in northwest Denver. Neither of the Fen-sters ever recorded any document declaring their homestead rights therein. See § 38-41-202(4), C.R.S. (1982 Repl.Vol. 16A). However, it was subject to…

2Cases cited8 opinions

  1. First National Bank v. Energy Fuels Corp.Supreme Court of Colorado · 1980
  2. Parker v. McGintySupreme Court of Colorado · 1925
  3. Sanders v. KnappColorado Court of Appeals · 1983
  4. Smith v. HaertelSupreme Court of Colorado · 1952
  5. Whatley v. CuddySupreme Court of Colorado · 1961

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. General Glass Corp. v. Mast Construction Co.Court of Appeals of Utah · 1988
  2. Providian National Bank v. Vitt (In Re Vitt)United States Bankruptcy Court, D. Colorado · 2000
  3. Aylesworth v. ReedColorado Court of Appeals · 2008
  4. Petrie v. CommissionerUnited States Tax Court · 1995

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