Shaw v. 17 West Mill St., LLC

1 In this case, reviewing the decision of the court of appeals in 17 West Mill St., LLC v. Shaw, 2011 WL 23214830, - P.3d - (Colo.App.2011),1 we construe section 88-39-102(8), C.R.S. (2012), as requiring proof of actual fraud by a preponderance of the evidence in order to void a public trustee's release of the lien of a deed of trust pursuant to a written request. The statute provides that, "lilf the written request to release the lien of any deed of trust is a fraudulent request, the release by the public trustee based upon such request shall be void." The trial court found that the term…