Legal Opinion
Liberty Mortgage Corp. v. Fiscus
Supreme Court of Colorado
Decided May 16, 2016No. Supreme Court Case No. 14SC586PublishedCited by 4 opinions
1Opinion of the CourtJustice Eid
delivered the Opmlon of the Court.
T1 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 meaning of Article 3, and therefore the bank was not a holder in due course with respect to the deed at issue here. Fiscus v. Liberty Mortg. Corp., 2014 COA 79, TM 47-49, 378 P.3d 644.
[ 2 We affirm the judgment of the court of appeals, but on different grounds. In this…
2Cases cited5 opinions
- Amos v. Aspen Alps 123, LLCSupreme Court of Colorado · 2012
- Colorado Management Corp. v. American Founders Life InsuranceSupreme Court of Colorado · 1961
- Fiscus v. Liberty Mortgage Corp.Colorado Court of Appeals · 2014
- Film Enterprises, Inc. v. Selected Pictures, Inc.Supreme Court of Colorado · 1959
- Southtrust Bank of Georgia v. ParkerCourt of Appeals of Georgia · 1997
3Cited by4 opinions
- Kovac v. Farmers Insurance ExchangeColorado Court of Appeals · 2017
- Focke v. AllenDistrict Court, D. Colorado · 2021
- Oakley v. WilliamsDistrict Court, D. Colorado · 2022
- Ralph R. Fresquez v. Trinidad InnColorado Court of Appeals · 2022