The Colorado Supreme Court issued its opinion in Amos v. Aspen Alps 123, LLC on June 18, 2012.
Real Property—CRCP 120—Public Trustee Sale—Foreclosure—Antitrust—Bid-Rigging.
The Supreme Court affirmed the court of appeals’ judgment and held that notice was sufficient under CRCP 120. The Court concluded that where the parties have received actual notice that afforded them an opportunity to present their objections, and where no prejudice resulted, a completed foreclosure sale will not be disturbed for a failure to strictly comply with Rule 120’s notice requirements. The Court also determined that, based on the limited trial record in this case, plaintiffs failed to establish bid-rigging as a defense. Accordingly, the Court reversed the court of appeals’ judgment holding that illegal bid-rigging had occurred.
Summary and full case available here.