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US Bank National Ass’n v. Silvernagel.

2023 CO 17. No. 21SC836. Statute of Limitations—Accrual of Right of Action—Acceleration of Debt.

April 24, 2023

The Supreme Court held that a bankruptcy discharge does not accelerate payment on a mortgage, nor does it trigger the statute of limitations for the remaining payments. The Court relied on Hassler v. Account Brokers of Larimer County, Inc., 274 P.3d 547, 553 (Colo. 2023), which requires lenders to “perform some clear, unequivocal affirmative act” to accelerate payment on a security agreement. Because no such act occurred, Silvernagel’s payments continued to become due according to the contract’s original terms. Id. at 551.

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