Burrell Registration Co. v. McKelvey

This case involves foreclosure through the public trustee of a deed of trust given by the plaintiffs-appellants to secure an indebtedness payable to the defendants-appellees. The defendants purchased at the public trustee’s sale. The trial court found that the defendants had failed to comply with section 38-39-118, C.R.S. 1973 in the sale procedure. This noncompliance involved failure to give timely notice of the requirements for cure by the plaintiffs; and also, when notice was finally given, a demand was made for unreasonable attorney’s fees and unreasonable and incorrect interest charges.

Th…