Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Martinez v. Affordable Housing Network

Colorado Supreme Court
123 P.3d 1201 (2005)


Facts

In 1999, Affordable Housing Network (defendant), offered to help Marvin and JoRene Martinez (plaintiffs), refinance their home, falsely claiming that Affordable was part of a federally approved program. If the refinancing failed, Affordable would help the Martinezes sell the property and purchase a new home. The Martinezes entered into an option agreement with Affordable under which Affordable could purchase the property if it cured the mortgage deficiencies within 10 days. A quitclaim deed signed by Martinez would be placed into escrow and delivered to Affordable only upon payment of the mortgages. Affordable, however, fraudulently convinced Martinez to give them the deed directly. 26 days later, Affordable cured the deficiencies and listed the property for sale. After several months, dissatisfied with Affordable’s services, the Martinezes decided to keep the home and reimbursed Affordable the mortgage payments. Thereafter, Affordable insisted that the Martinezes allow a real estate agent to show the home. Despite their protests, the agent pushed her way inside the home, proceeding to show it to Overton, an investor of Troco, Inc. (defendant). Troco agreed to purchase Affordable’s interest in the property and did not conduct any further title searches. Affordable then recorded the Martinezes’ quitclaim deed, and the following day, quitclaimed the property to Troco. The mortgages remained unpaid. Thereafter, the Martinezes were informed of the sale and filed suit. The trial court concluded that Troco was a bona fide purchaser entitled to rely upon the quitclaim deed and dismissed the Martinezes’ claims. The court of appeals affirmed. The Martinezes appealed.

Rule of Law

Issue

Holding and Reasoning (Martinez, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial