Amos et. al. v. Aspen Alps 123, et. al., 2012CO46 (June 18, 2012)

The competition for Aspen property can be fierce – or is it? An estate owns an Aspen condo. It gets foreclosed. The only 3 bidders at the sale bid up the price and then decide to form a joint venture to purchase the property and stop the bidding. They buy the condo. The Court finds they did not engage in unlawful bid-rigging because they did not interfere with competition, or agree to the venture ahead of time, and paid well above the starting price. A co-representative of the estate sought to set aside the sale. She received actual notice of the foreclosure sale but the estate did not. CRCP 120 strictly requires actual notice. Because wife received actual notice of the sale, the estate had constructive notice and chose not to object. So the lack of actual notice did not harm the estate. The sale is not set aside, notwithstanding the failure to comply strictly with CRCP 120.


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