Amicus curiae The Real Estate Law Section of the Colorado Bar Association, by and
through its attorneys, Durfee West P.C., respectfully submits its brief in support of reversal of
the decision of the Court of Appeals.
STATEMENT OF INTEREST OF THE REAL ESTATE LAW SECTION OF THE
COLORADO BAR ASSOCIATION
The Colorado Bar Association ("CBA") represents 15,722 licensed attorneys in the State
of Colorado. The Real Estate Law Section of the CBA has 1,834 members who are specifically
interested in real estate law and titles. The Real Estate Law Section has a Title Standards
Committee which promulgates title standards for approval and adoption by the Colorado Bar
Association as a whole. The Title Standards set forth the accepted practices and procedures for
searching title in the State, and assist title examiners in evaluating marketability of title. Real
estate lawyers represent buyers, lenders, and sellers who are concerned with the marketability of
title and the accuracy and completeness of title records.
In this case, the Court of Appeals applied the doctrine of equitable subrogation to put a
lender who financed the purchase of real property, and buyers who also advanced funds, into the
lien position of a deed of trust that was paid off when the property was sold, and ahead of a valid
judgment lien that was properly recorded two months prior to the sale. The seller, who was the
judgment debtor, did not disclose the judgment lien to the purchasers, the lender, or the title
company. The judgment lien was junior to the deed of trust that was paid and released, but it
was recorded two months prior to the date of the sale to the Londres and prior to the recordation
of the deed of trust for the benefit of Chase Manhattan Mortgage Corporation.