The Estes Park Bank v. Shanks

Opinion by

Judge NEY.

Plaintiff, the Estes Park Bank, appeals from the permanent injunction as granted by the trial court to defendants, Dewey D. and Genevieve M. Shanks. We affirm.

The sole issue on appeal is whether the trial court erred in finding that plaintiffs failure to file the affidavits required by § 38-41-206, C.R.S. (1982 Repl.Yol. 16A) precluded it from proceeding with a sheriffs sale based on its October 18, 1983 levy or seizure. We conclude that the court did not err in so finding.

Plaintiff, in its effort to collect a $73,000 deficiency remaining after a foreclosure sale unrelated…