dissenting.
I respectfully dissent.
I am unable to distinguish in any significant manner the factual basis of this case from those in Board of County Commissioners v. Berkeley Village, 40 Colo.App. 431, 580 P.2d 1251 (1978) and Collins v. Thuringer, 92 Colo. 433, 21 P.2d 709 (1933).
In Board of County Commissioners v. Berkeley Village we held that § 12-5-119, C.R.S., constitutes constructive notice of the lien when an assignee of a judgment or the proceeds thereof knows at the time of taking such assignment that the assignor’s financial position is such that the assign- or’s attorney in the action may have to rely on the proceeds to collect his fee. Moreover, we held that the assignee is under a duty to inquire whether the attorney intends to rely on his lien, and failing such inquiry, the assignee cannot claim to be a good faith purchaser and must take subject to the lien.
Further, in Collins v. Thuringer, supra, the supreme court held that the judgment creditor, a plaintiff in garnishment, was in no better position than a purchaser or as-signee with notice and that, although the attorney had'not filed a notice pursuant to the statute before the garnishment, such factor did not make the garnishment prior in time to the attorney’s lien.
Hence, since the bank here proceeded with actual knowledge of Lesher’s representation of the Ansays, it had a duty to make inquiry whether a lienable claim might be made. See Enerwest, Inc. v. Dyco Petroleum Corp., 716 P.2d 1130 (Colo.App.1986).
In re Marriage of Berkland, 762 P.2d 779 (Colo.App.1988) is of no help to the bank. Contrary to the -circumstances there, it had actual notice of the lienable claim of Lesher and stands in the shoes of the defendants.
I would therefore reverse and remand to the trial court with instructions to enter judgment granting the Lesher’s lien priority over the bank’s lien.