reglab/housing_qa huggingface dataset:
CO Code § 38-38-301 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 3 - Redemption|§ 38-38-301. Holder of Certificate of Purchase Paying Charges - Redemption

 The holder of a certificate of purchase may pay at any time after the sale and during the redemption period described in section 38-38-302 the fees and costs that the holder may pay pursuant to section 38-38-107 and may include any such amounts as part of the amount to be paid upon redemption.   History. Source: L. 90: Entire article R&RE, p. 1664, § 2, effective October 1. L. 2002: (1) amended, p. 1342, § 12, effective July 1. L. 2006: Entire section R&RE, p. 1467, § 20, effective January 1, 2008.    Editor's note:    This section is similar to former § 38-39-101, as it existed prior to 1990.    The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (SeeL. 2007, p. 1849.)     ANNOTATION   Law reviews. For article, “Executions and Levies on Tangible Property”, see 27 Dicta 143 (1950). For note, “Statutory Redemption in Colorado: 1965 Amendments”, see 39 U. Colo. L. Rev. 127 (1966). For article, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987). For article, “Strategic Options for Overly Encumbered Real Property (Friendly Foreclosures)”, see 46 Colo. Law. 31 (July 2017).   Annotator's note. Since § 38-38-301 is similar to § 38-39-101 as it existed prior to the 1990 repeal and reenactment of this article and article 39, relevant cases construing that provision have been included in the annotations to this section. For additional cases, see the annotations under former § 38-39-101 in the 1982 replacement volume.   Owner's title and interest vested in grantee of sheriff's deed. Where real property was levied upon and sold under execution, and owners failed to redeem pursuant to this article, and the trustee in bankruptcy disclaimed all title and interest in property, whatever title and interest owners had therein vested in grantee of sheriff's deed upon delivery thereof and such grantee was then entitled to possession. Garcia v. Adjustment Bureau, Inc., 148 Colo. 270 , 365 P.2d 687 (1961).   Deed issued prematurely by public trustee not void. A deed issued prematurely by the public trustee following a foreclosure sale is not void, but carries the naked title held by the trustee and does not divest the mortgagor of his redemption rights. Graham v. Alcoves, Inc., 148 Colo. 379 , 366 P.2d 375 (1961).   Expenses not incurred in connection with foreclosure are not allowable upon redemption. Rowe v. Tucker, 38 Colo. App. 532, 560 P.2d 843 (1977).   There is no provision for payment of the purchaser's attorney's fees or any other expenses not incident to protecting the property. Davis Mfg. & Supply Co. v. Coonskin Props., Inc., 646 P.2d 940 (Colo. App. 1982).   Applied in Alexander Dawson, Inc. v. Sage Creek Canyon Co., 37 Colo. App. 339, 546 P.2d 969 (1976).
CO Code § 38-38-304 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 3 - Redemption|§ 38-38-304. Effect of Redemption

     (Deleted by amendment,L. 2006, p. 1471, § 22;L. 2007, p. 1849, § 27, effective January 1, 2008.)    If redemption is made by a lienor, the certificate of redemption, duly recorded, operates as an assignment to the lienor of the estate and interest acquired by the purchaser at the sale, subject to the rights of omitted parties as defined in section 38-38-506 (1) and persons who may be entitled subsequently to redeem.     History. Source: L. 90: Entire article R&RE, p. 1666, § 2, effective October 1. L. 2006: Entire section amended, p. 1471, § 22, effective January 1, 2008.    Editor's note:    This section is similar to former § 38-39-105, as it existed prior to 1990.    The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (SeeL. 2007, p. 1849.)     ANNOTATION   Law reviews. For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 14 Dicta 5 (1936). For note on the act original which inserted this section, see 28 Dicta 176 (1951). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Forms Committee Presents Additional Standard Pleading Samples for Use in Foreclosures Through Public Trustee”, see 29 Dicta 1 (1952). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953).   Annotator's note. Since § 38-38-304 is similar to § 38-39-105 as it existed prior to the 1990 repeal and reenactment of this article and article 39, relevant cases construing that provision have been included in the annotations to this section.   Lienor cannot be divested of the rights that flow from redemption once payment of the redemption amount has been lawfully made to the public trustee or sheriff in accordance with the statute. Accordingly, the redemption rights of the assignee of a judgment creditor could not be extinguished by a subsequent satisfaction of the judgment. WYSE Fin. Servs., Inc. v. Nat'l Real Estate Inv., LLC, 92 P.3d 918 (Colo. 2004).   Applied in Norman, Inc. v. Holman, 105 Colo. 294 , 97 P.2d 739 (1939); Home Owners' Loan Corp. v. Meyer, 110 Colo. 501 , 136 P.2d 282 (1943).
CO Code § 38-38-401.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 4 - Certificates of Purchase and Redemption|§ 38-38-401.5. Certificate - Priority of Lien

 The lien represented by a certificate of purchase shall have the same priority as the deed of trust or other lien foreclosed.   History. Source: L. 2007: Entire section added, p. 1844, § 20, effective January 1, 2008.
CO Code § 38-38-402 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 4 - Certificates of Purchase and Redemption|§ 38-38-402. Certificate of Redemption - Issuance

  No sooner than fifteen business days following a sale but no later than five business days following an officer's receipt of redemption money paid under section 38-38-302, the officer shall execute and record in each county where the property or a portion thereof is located a certificate of redemption containing:   The names of the original grantors of the deed of trust being foreclosed;  (a.5) The name and address of the person redeeming;     The redemption amount paid;    The date of sale;    The description of the property redeemed; and    The public trustee's sale number or, in the case of a sale by the sheriff, the district court civil action number.       The officer shall retain the recorded certificate of redemption in the officer's records.    The failure of the officer to comply with the provisions of this section shall not affect the validity of the sale or the rights of the grantee of the confirmation deed.     History. Source: L. 90: Entire article R&RE, p. 1668, § 2, effective October 1. L. 2002: IP(1) amended, p. 1348, § 15, effective July 1. L. 2006: Entire section amended, p. 1473, § 25, effective January 1, 2008. L. 2009: (1)(a) amended and (1)(a.5) added,(HB 09-1207), ch. 164, p. 719, § 16, effective January 1, 2010.    Editor's note:    This section is similar to former § 38-39-104, as it existed prior to 1990.    The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (SeeL. 2007, p. 1849.)     ANNOTATION   Law reviews. For article, “Revising Redemptions”, see 6 Dicta 16 (Feb. 1929). For article, “Did You Know?”, see 12 Dicta 132 (1935). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 14 Dicta 5 (1936). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Forms Committee Presents Additional Standard Pleading Samples for Use in Foreclosures Through Public Trustee”, see 29 Dicta 1 (1952). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953).   Lienor becomes entitled to the execution and delivery of a certificate of redemption upon the payment of redemption money in the manner prescribed by § 38-38-303 . WYSE Fin. Servs., Inc. v. Nat'l Real Estate Inv., LLC, 92 P.3d 918 (Colo. 2004).
CO Code § 38-38-403 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 4 - Certificates of Purchase and Redemption|§ 38-38-403. Certificates Assignable

  Every certificate of purchase or certificate of redemption that is issued to any person under this part 4 shall be assignable by indorsement thereon or by separate assignment, and the assignee shall be treated for all purposes as the original holder of the certificate of purchase or certificate of redemption. A separate assignment of a certificate of purchase or a certificate of redemption shall contain:   The name and address of the assignee;    The name and address of the assignor;    A description of the property;    The name of the foreclosing holder of the evidence of debt; and    The number of the foreclosure sale held by the public trustee or the case number of the judicial foreclosure.        History. Source: L. 90: Entire article R&RE, p. 1668, § 2, effective October 1. L. 2005: Entire section amended, p. 399, § 7, effective August 8. L. 2006: Entire section amended, p. 1473, § 26, effective July 1. L. 2007: Entire section amended, p. 1843, § 19, effective January 1, 2008.    Editor's note:   This section is similar to former § 38-39-116 , as it existed prior to 1990.   ANNOTATION   Law reviews. For note on the act which inserted this section, see 28 Dicta 176 (1951). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Recent Statutory Amendments to the Public Trustee and Sheriff Foreclosure Process”, see 15 Colo. Law. 794 (1986). For article, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987).   Interest acquired at foreclosure sale is assignable. The interest acquired by a purchaser at foreclosure sale under a trust deed is assignable and transferable. Bankers Bldg. & Loan Ass'n v. Fleming Bros. Lumber Co., 83 Colo. 335 , 264 P. 1087 (1928) (decided under § 38-39-116 as it existed prior to the 1990 repeal and reenactment of this article and article 39).
CO Code § 38-38-405 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 4 - Certificates of Purchase and Redemption|§ 38-38-405. Certificate as Prima Facie Evidence

 A certificate of purchase, certificate of redemption, confirmation deed, or a certified copy thereof shall be deemed to be prima facie evidence of all statements or recitals contained therein.   History. Source: L. 2006: Entire section added, p. 1473, § 27, effective January 1, 2008.    Editor's note:   The effective date for the enactment of this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849 .)
CO Code § 38-38-502 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 5 - Issuance of Public Trustee's Deed, Sheriff's Deed, and the Nature of Title|§ 38-38-502. Form of Confirmation Deed for Public Trustee's Sale

 [Form Excluded]   History. Source: L. 90: Entire article R&RE, p. 1669, § 2, effective October 1. L. 91: Entire section amended, p. 1924, § 55, effective June 1. L. 2006: Entire section amended, p. 1474, § 29, effective January 1, 2008. L. 2007: Entire section amended, p. 1844, § 22, effective January 1, 2008.    Editor's note:   The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849 .)
CO Code § 38-38-503 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 5 - Issuance of Public Trustee's Deed, Sheriff's Deed, and the Nature of Title|§ 38-38-503. Form of Confirmation Deed for Sheriff's Sale

 [Form Excluded]   History. Source: L. 90: Entire article R&RE, p. 1670, § 2, effective October 1. L. 2006: Entire section amended, p. 1475, § 30, effective January 1, 2008.    Editor's note:    This section is similar to former § 38-39-108, as it existed prior to 1990.    The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (SeeL. 2007, p. 1849.)
CO Code § 38-38-504 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 5 - Issuance of Public Trustee's Deed, Sheriff's Deed, and the Nature of Title|§ 38-38-504. Deed Evidence of Compliance

 Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed.   History. Source: L. 90: Entire article R&RE, p. 1672, § 2, effective October 1. L. 2007: Entire section amended, p. 1845, § 23, effective January 1, 2008.    Editor's note:   This section is similar to former § 38-39-109 , as it existed prior to 1990.   ANNOTATION   Law reviews. For note on the act which inserted this section, see 28 Dicta 176 (1951). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951).   Annotator's note. Since § 38-38-504 is similar to § 38-39-109 as it existed prior to the 1990 repeal and reenactment of this article and article 39, relevant cases construing that provision have been included in the annotations to this section.   In determining whether purchaser had notice of outstanding equities or unrecorded interests so as to preclude him from being entitled to protection as a bona fide purchaser, if he has knowledge of circumstances which, in the exercise of common reason and prudence, ought to put a man upon particular inquiry, he will be presumed to have made that inquiry, and he will be charged with notice of every fact which would in all probability have been revealed had such investigation been undertaken. Jaramillo v. McLoy, 263 F. Supp. 870 (D. Colo. 1967 ).   Purchaser at execution sale succeeds to rights of defendant in execution. The purchaser at the execution sale succeeds to all the rights of the defendant in execution, and where the defendant in execution holds under an uncompleted executory agreement of purchase, the purchaser at the execution sale acquires the right to proceed with the contract of purchase of which he has so become the involuntary assignee, to make the payments stipulated for in such agreement of purchase, and perform the covenants of the execution defendant therein. Salisbury v. LaFitte, 57 Colo. 358 , 141 P. 484 (1914).   Applied in Bay State Mining & Town-Site Co. v. Jackson, 27 Colo. 139 , 60 P. 573 (1900); Victor Inv. Co. v. Roerig, 22 Colo. App. 257, 124 P. 349 (1912); Empire Ranch & Cattle Co. v. Gibson, 22 Colo. App. 617, 126 P. 1103 (1912); Terry v. Gibson, 23 Colo. App. 273, 128 P. 1127 (1913); McCracken v. Citizens' Nat'l Bank, 80 Colo. 164 , 249 P. 652 (1926).
CO Code § 38-38-701 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 7 - General Provisions and Application|§ 38-38-701. Application - Use of Term “Foreclosure”

  Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:   To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and    In the case of proceedings and actions for enforcement or foreclosure of any other types of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.       On and after October 1, 1990, in all proceedings for the foreclosure of deeds of trust and mortgages executed before July 1, 1965:   The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes 1963, as said sections existed prior to July 1, 1965, shall apply in lieu of section 38-38-302 and section 38-38-303 (1) to (3) as it existed prior to January 1, 2008; and    The provisions of section 118-9-18, Colorado Revised Statutes 1963, as in effect on July 1, 1965, and numbered as sections 38-38-103 and 38-38-104 on and after October 1, 1990, shall not apply.       Wherever the term “foreclosure”, or variations thereof, or the concept of “foreclosure” is used in or referred to in article 37, 38, or 39 of this title, it shall be deemed to include sales of real estate upon execution, unless the context otherwise requires.    If a deed of trust grants a power of sale to the public trustee but contains no provision on the manner in which the power of sale is to be exercised, the deed of trust shall not be void or voidable, and the holder of the evidence of debt may foreclose the deed of trust in accordance with the provisions of this article on the foreclosure of deeds of trust through the office of the public trustee or in the manner of a mortgage through the courts.     History. Source: L. 90: Entire article R&RE, p. 1674, § 2, effective October 1. L. 2006: (1) and (2)(a) amended and (4) added, p. 1480, § 38, effective January 1, 2008.    Editor's note:    This section is similar to former § 38-39-119, as it existed prior to 1990.    The effective date for amendments made to subsections (1) and (2)(a) and for the enactment of subsection (4) by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (SeeL. 2007, p. 1849.)
CO Code § 38-38-702 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 7 - General Provisions and Application|§ 38-38-702. Limitation of Officer's Liability

  An officer shall not have responsibility or liability for determining:   The amount or reasonableness of a bid at a sale under section 38-38-106, the amount required to cure under section 38-38-104, or the amount required to redeem under section 38-38-302;    The accuracy of the legal description of property in a full or partial release of a deed of trust;    The accuracy or completeness of a mailing list submitted to the officer; or    The legal sufficiency of the description of the property contained in the notice of election and demand.       Nothing in this article shall lessen or otherwise modify the immunities and protections extended by law to an officer or to a governmental entity with which an officer is associated.    An officer shall not have responsibility or liability for unknown damage, debt, or liens when a third party seeks a judicial foreclosure and sale.     History. Source: L. 2006: Entire section added, p. 1477, § 32, effective January 1, 2008. L. 2009: (3) added,(HB 09-1207), ch. 164, p. 721, § 19, effective September 1.    Editor's note:   The effective date for the enactment of this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849 .)
CO Code § 38-38-703 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 7 - General Provisions and Application|§ 38-38-703. No Waiver of or Agreement to Shorten Right to Cure

 A waiver of or agreement to shorten the time period to exercise the right to cure a default granted by the provisions of this article that is made before the date of the default as to which the waiver is granted under a deed of trust, mortgage, or other instrument evidencing a lien or an evidence of debt secured thereby shall be void as against public policy.   History. Source: L. 2006: Entire section added, p. 1477, § 32, effective January 1, 2008. L. 2009: Entire section amended,(HB 09-1207), ch. 164, p. 721, § 20, effective September 1.    Editor's note:   The effective date for the enactment of this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849 .)
CO Code § 38-38-704 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 7 - General Provisions and Application|§ 38-38-704. Providing Information to Homeowner and Public

  Repealed.      Notwithstanding any provision of the deed of trust or other lien being foreclosed or any provision of law to the contrary, an officer may, at his or her discretion, provide to an owner of the property or to any person liable on the secured indebtedness or other lien being foreclosed, or otherwise make available to the general public, any educational or other information or material concerning foreclosures under this article, including available community resources and foreclosure prevention information, that has been approved by the office of the attorney general, by an agency of the state of Colorado or the federal government, or by an attorney currently licensed to practice and in good standing in the state of Colorado and retained by a public trustee for such purpose. The officer may charge the fees and costs of providing such information or materials to the property owner or person liable on the debt as foreclosure fees and costs; except that the amount of such fees and costs charged shall not exceed twenty-five dollars.        (1) (b) This subsection (2) shall take effect July 1, 2007.   History. Source: L. 2006: Entire section added, p. 1478, § 33, effective July 1.    Editor's note:   Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2007. (See L. 2006, p. 1478 .)
CO Code § 38-38-705 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 38 - Foreclosure Sales|Part 7 - General Provisions and Application|§ 38-38-705. Curative Provisions

  If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt or the holder's attorney, the public trustee may rerecord the notice of election and demand, and the public trustee shall thereafter comply with all such notice deadlines from the last recording date as set forth on the rerecorded notice of election and demand as though such foreclosure had been commenced on such date.    In the event of an error contained in any certificate of purchase, certificate of redemption, public trustee's deed, or other recorded document prepared by the office of the public trustee, the public trustee may correct such error by executing and recording a scrivener's error affidavit as set forth in section 38-35-109 (5).     History. Source: L. 2007: Entire section added, p. 1728, § 7, effective June 1.
CO Code § 38-39-100.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-100.5. Definitions

 The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires.   History. Source: L. 2007: Entire section added, p. 1845, § 24, effective January 1, 2008.