Premier Bank v. Board of County Commissioners

Opinion by

Chief Judge DAVIDSON.

In this lien priority dispute defendant, Bent County Board of County Commissioners, appeals from the trial court's declaratory judgment finding defendant's lien to be junior in priority to the lien of plaintiff, Premier Bank. The court based its determination of priority on section 88-380-104, C.R.S.2008, the after-acquired interest statute. We reverse and remand.

I. Background

The property at issue was acquired in 1998 by Rodney Poland (husband). In 1999, husband executed a quitclaim deed conveying undivided one-half interests in the property to him and Donna…