Howell v. Farrish

I respectfully dissent.

I would reverse the trial court ruling because of Howell’s failure to comply with the provisions of § 38-41-206, C.R.S. The trial court erred in concluding that Howell’s redemption of the property was not a proceeding against the property.

It is undisputed that on October 5, 1982, Arapahoe Colorado National Bank (Bank) purchased the property in question at a foreclosure sale for the amount owed under a deed of trust. This was done without regard to the homestead exemption because Farrish and Barnett had waived the homestead exemption as to the Bank. However, this waiver…