Princeville Corp. v. Brooks, No. 26685
| Docket Nº | No. 26685 |
| Citation | 188 Colo. 37, 533 P.2d 916 |
| Case Date | March 10, 1975 |
| Court | Supreme Court of Colorado |
Page 916
v.
John BROOKS, Judge of the District Court in and for the City
and County of Denver, State of Colorado, Respondent.
As Modified on Denial of Rehearings April 14, 1975.
Page 917
[188 Colo. 38] Rodden & Woods, Richard A. Francis, Denver, for petitioner.
Grant, Shafroth, Toll & McHendrie, P.C., Charles H. Haines, Jr., Denver, for respondent.
DAY, Justice.
This is an original proceeding by petitioner Princeville Corporation (Princeville) for a writ in the nature of mandamus requiring the respondent district court to show cause why it should not authorize foreclosure by the public trustee in accordance with C.R.C.P. 120. We now discharge the rule.
Princeville holds a deed of trust secured by a promissory note executed by Meridian Properties (Meridian). The land thus encumbered comprised approximately 60 acres, platted and subdivided to permit sale of individual lots. The deed of trust contains a power of sale clause.
Meridian has sold lots to separate owners. Many have separate mortgages on their individual plots. None of the lot owners assumed or agreed to pay the deed of trust.
Wishing to recover Meridian's unpaid balance due by foreclosure through the public trustee, Princeville gave its notice of election and demand. Section 38--37--113, C.R.S.1973. In addition, to comply with the Soldiers' and Sailors' Civil Relief Act of [188 Colo. 39] 1940 (the Act), Princeville invoked the jurisdiction of the district court under C.R.C.P. 120 for a confirmatory order authorizing the sale, and sent notices to each of the plot owners. At the Rule 120 hearing, Meridian and several lot owners appeared in opposition to Princeville. In view of the proscription of Rule 120(c), they filed no pleadings. However, the court received an affidavit in lieu of testimony from an officer of Meridian, and also heard other testimony.
Based thereon the court made rather detailed findings of fact and conclusions of law and ruled that the proposed foreclosure was not one of isolated ownership; rather it was multi-partied and very complicated. Jurisdiction was retained on a holding that the court would be required to adjudicate the rights of each property owner.
In short the trial court found that Rule 120 is broad enough in language and scope to invoke the jurisdiction of a court in equity when that is necessary to align and protect the rights of the respective parties before it. Petitioner, on the other hand, insists that the district court under Rule 120 can only hear and determine whether a party is in the military service.
I.
C.R.C.P. 120 reads in...
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Amos v. Aspen Alps 123, LLC, No. 08CA2009.
...That the Foreclosure Be Voided C.R.C.P. 120 establishes judicial supervision of public trustee foreclosures. Princeville Corp. v. Brooks, 188 Colo. 37, 40–41, 533 P.2d 916, 918 (1975). It affords interested persons due process by preventing ex parte taking of property without notice and a h......
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Amos v. Aspen Alps 123, LLC, Court of Appeals No. 08CA2009 (Colo. App. 1/7/2010), Court of Appeals No. 08CA2009.
...That the Foreclosure Be Voided C.R.C.P. 120 establishes judicial supervision of public trustee foreclosures. Princeville Corp. v. Brooks, 188 Colo. 37, 40-41, 533 P.2d 916, 918 (1975). It affords interested persons due process by preventing ex parte taking of property without notice and a h......
-
Moreland v. Marwich, Ltd., No. 81SC111
...120 hearing was limited to a determination of whether the debtor was in the military service. See id. In Princeville Corp. v. Brooks, 188 Colo. 37, 533 P.2d 916 (1975), however, the trial judge in a C.R.C.P. 120 proceeding was faced with a request for an order of sale in a situation where t......
-
Goodwin v. District Court In and For Sixteenth Judicial Dist., No. 88SA338
...with respect to the taking and public sale of a real property interest of a debtor under a deed of trust. In Princeville Corp. v. Brooks, 188 Colo. 37, 533 P.2d 916 (1975), we held that C.R.C.P. 120 was broad enough in scope to permit a court to consider factors other than the military serv......
-
Amos v. Aspen Alps 123, LLC, No. 08CA2009.
...That the Foreclosure Be Voided C.R.C.P. 120 establishes judicial supervision of public trustee foreclosures. Princeville Corp. v. Brooks, 188 Colo. 37, 40–41, 533 P.2d 916, 918 (1975). It affords interested persons due process by preventing ex parte taking of property without notice and a h......
-
Amos v. Aspen Alps 123, LLC, Court of Appeals No. 08CA2009 (Colo. App. 1/7/2010), Court of Appeals No. 08CA2009.
...That the Foreclosure Be Voided C.R.C.P. 120 establishes judicial supervision of public trustee foreclosures. Princeville Corp. v. Brooks, 188 Colo. 37, 40-41, 533 P.2d 916, 918 (1975). It affords interested persons due process by preventing ex parte taking of property without notice and a h......
-
Moreland v. Marwich, Ltd., No. 81SC111
...120 hearing was limited to a determination of whether the debtor was in the military service. See id. In Princeville Corp. v. Brooks, 188 Colo. 37, 533 P.2d 916 (1975), however, the trial judge in a C.R.C.P. 120 proceeding was faced with a request for an order of sale in a situation where t......
-
Goodwin v. District Court In and For Sixteenth Judicial Dist., No. 88SA338
...with respect to the taking and public sale of a real property interest of a debtor under a deed of trust. In Princeville Corp. v. Brooks, 188 Colo. 37, 533 P.2d 916 (1975), we held that C.R.C.P. 120 was broad enough in scope to permit a court to consider factors other than the military serv......