Supreme Court of Colorado

Betty G. Amos and the Estate of Thomas R. Righetti v. Aspen Alps 123, LLC, and Equitable Bank

June 18, 2012280 P.3d 1256

Summary

The court held that a completed foreclosure sale need not be set aside for a Rule 120 notice defect when the interested parties received actual or constructive notice, had a meaningful opportunity to object, and suffered no prejudice. It also held that the record established joint bidding rather than unlawful bid rigging because the bidders competitively bid to the highest amount they could afford and then pooled resources without an apparent purpose to suppress competition. Justice COATS, dissenting, would have invalidated the sale for the Bank's failure to identify and properly notify the Estate, while Chief Justice BENDER, concurring in part and dissenting in part, would have found the bidders' agreement to stop further bidding unlawful.