Supreme Court of Colorado

Joseph T. Pandy, A/k/a Joseph Pandy Jr., Elizabeth Pandy, A/k/a Elizabeth A. Pandy; the Joseph Pandy Jr. And…

June 20, 20162016 Colo. LEXIS 601

Summary

The court held that a settlor of a revocable trust retains an ownership interest in trust assets, even when legal title is held in the trust's or trustee's name, and that interest is subject to the settlor's judgment creditors. The Bank therefore could enforce its domesticated judgments against the property without filing a separate action to establish Mr. Pandy's interest. The court also held that the Bank's action was an enforcement proceeding rather than a new action subject to the asserted three-year limitations period.