reglab/housing_qa huggingface dataset:
CO Code § 38-37-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-108. Payments to Public Trustee - Electronic Transfers - Definition

  All moneys payable to a public trustee at any foreclosure sale under the provisions of this article or upon redemption or cure pursuant to article 38 of this title shall be in the form of cash, electronic transfer to an account of the public trustee available for such purpose and in compliance with the conditions placed on the account by the public trustee for such electronic transfer, or certified check, cashier's check, teller's check, or draft denominated as an official check that is a teller's check or a cashier's check as those terms are defined in and governed by the “Uniform Commercial Code”, title 4, C.R.S., made payable to the public trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank, or credit union.    As used in this section, “electronic transfer” means a transfer of funds initiated by using an electronic terminal, telephonic instrument, or computer or magnetic tape to order or authorize a financial institution to credit or debit an account. “Electronic transfer” payments do not include transactions originated by check, draft, or similar paper instrument.     History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1; entire section amended, p. 1849, § 50, effective October 1. L. 91: Entire section amended, p. 1921, § 51, effective June 1. L. 2002: Entire section amended, p. 1332, § 4, effective July 1. L. 2006: Entire section amended, p. 1437, § 3, effective July 1. L. 2012: Entire section amended,(SB 12-030), ch. 96, p. 314, § 2, effective September 1. L. 2015: Entire section amended,(HB 15-1142), ch. 113, p. 337, § 2, effective September 1.    Editor's note:   This section is similar to former § 38-37-138 , as it existed prior to 1990.   ANNOTATION   Because this section authorizes payment by electronic transfer of funds and the office of the public trustee is required to stay open during regular business hours, the public trustee's bank must accept electronic transfers during regular business hours. Thus, the trial court erred in refusing to grant an extension for redemption of property where the plaintiff attempted to pay by electronic transfer of funds, but was prevented by the public trustee's bank, which had closed early. Buell v. White, 908 P.2d 1175 (Colo. App. 1995).
CO Code § 38-37-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-109. Suits Against Public Trustee

 When public trustees, or county treasurers acting as trustees, are sued in their official capacity, the district attorney shall provide legal representation for the public trustees serving in such district attorney's district, unless such legal representation is provided for otherwise.   History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.    Editor's note:   This section is similar to former § 38-37-141 , as it existed prior to 1990.
CO Code § 38-37-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-110. Public Trustee Forfeits Fees for Failure to Meet Statutory Time Requirements - Validity of Foreclosure Unaffected

 If the public trustee fails to meet the time requirements set forth in section 38-38-102 (1) , 38-38-103 (1) , or 38-38-501 , the foreclosure sale and confirmation deed shall be valid notwithstanding such failure, and the public trustee shall forfeit five percent of the public trustee's fees provided for in section 38-37-104 (1)(b)(I) and (1)(b)(V) for each day the public trustee fails to meet the time requirements, and, if the fees have already been paid, the forfeited portion thereof shall be returned immediately to the person who paid them.   History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. L. 2006: Entire section amended, p. 1480, § 37, effective January 1, 2008.    Editor's note:    This section is similar to former § 38-37-143, 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 article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987).   Change of advertised location to nearby location in view sufficient. A sale advertised to be held at the front door of a courthouse but actually held at another door on the same side of the courthouse in full view of the place advertised is sufficient compliance. Martin v. Barth, 4 Colo. App. 346, 36 P. 72 (1894) (decided under § 38-37-108 as it existed prior to the 1990 repeal and reenactment of article 37 and this article.
CO Code § 38-37-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-111. Public Trustees Authorized to Cooperate and Contract With One Another and Others

 One or more of the public trustees of the several counties of the state are hereby authorized and empowered to cooperate and contract with any other public trustee and with others for the purpose of providing any function, service, or facility, including legal services and representation, that are necessary and desirable to fulfill their lawful duties.   History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.    Editor's note:   This section is similar to former § 38-37-144 , as it existed prior to 1990.
CO Code § 38-37-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-112. Powers of Public Trustees When Counties Are Formed or When County Boundaries Change

 The public trustee of each county is declared to be the proper public trustee to issue public trustee's deeds, certificates of purchase, certificates of redemption, releases of deeds of trust, and all other documents required of a public trustee for all property located in that public trustee's county at the time of execution of such documents by the public trustee or at the time the deed of trust was recorded in that county. All such documents may be recorded in either county. Each public trustee is also authorized to make sales and perform all acts required of a public trustee in connection with property located in that public trustee's county at the time of performance of such acts by the public trustee or at the time the deed of trust was recorded in that county. All acts that have been performed and all documents that have been executed by any public trustee in compliance with this section are validated.   History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. L. 2002: Entire section amended, p. 1081, § 1, effective June 1.    Editor's note:   This section is similar to former § 38-37-136 , as it existed prior to 1990.   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953).
CO Code § 38-37-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-113. Checking Account - Custodial Funds

  In the performance of his or her duties under this article and article 38 of this title, the public trustee of each county shall have the authority to establish and manage one or more of the following accounts: An automated clearing house account, checking account, escrow account, custodial account, similar banking services, or similar overnight depository account with a bank or savings and loan association that is an eligible public depository under the “Public Deposit Protection Act”, article 10.5 of title 11, C.R.S., or the “Savings and Loan Association Public Deposit Protection Act”, article 47 of title 11, C.R.S. A public trustee may also participate in local government investment pool trust funds as described in part 7 of article 75 of title 24, C.R.S., and invest public funds in eligible money market mutual funds described in part 6 of article 75 of title 24, C.R.S.    Other than fees and costs, which shall be governed by section 38-37-104, all moneys received by a public trustee for the purposes of a cure, a bid, excess proceeds, or a redemption under article 38 of this title shall be held as custodial funds for the party entitled to receive such moneys. Any moneys that a holder of an evidence of debt is entitled to receive may be transmitted electronically to the attorney for the holder in the manner set forth in a memorandum of understanding between the attorney for the holder and the public trustee. All electronic transmission fees and costs between the office of the public trustee and the attorney for the holder shall be an additional fee and cost of the foreclosure.    Nothing in this section shall lessen or otherwise modify the immunities and protections extended by law to public trustees and any governmental entity with which public trustees are associated. No contractual relationship shall be deemed to exist between a public trustee and a party entitled to receive moneys as described under subsection (2) of this section.     History. Source: L. 2002: Entire section added, p. 1333, § 5, effective July 1. L. 2006: (1) amended, p. 560, § 4, effective August 7; (1) and (2) amended, p. 1437, § 5, effective January 1, 2008.    Editor's note:   The effective date for amendments made to subsections (1) and (2) 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 § 38-40-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 40 - Mortgage Brokers - Lenders|§ 38-40-101. Mortgage Broker Fees - Escrow Accounts - Unlawful Act - Penalty

  Any funds, other than advanced for actual costs and expenses to be incurred by the mortgage broker on behalf of the applicant for a loan, paid to a mortgage broker as a fee conditioned upon the consummation of a loan secured or to be secured by a mortgage or other transfer of or encumbrance on real estate shall be held in an escrow or a trustee account with a bank or recognized depository in this state. Such account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government.    It is unlawful for a mortgage broker to misappropriate funds held in escrow or a trustee account pursuant to subsection (1) of this section.    The withdrawal, transfer, or other use or conversion of any funds held in escrow or a trustee account pursuant to subsection (1) of this section prior to the time a loan secured or to be secured by mortgage or other transfer of or encumbrance on real estate is consummated shall be prima facie evidence of intent to violate subsection (2) of this section.    Any mortgage broker violating any of the provisions of subsection (2) of this section commits theft as defined in section 18-4-401, C.R.S.    Any mortgage broker violating any of the provisions of subsection (1) or (2) of this section shall be liable to the person from whom any funds were received for the sum of one thousand dollars plus actual damages caused thereby, together with costs and reasonable attorney fees. No lender shall be liable for any act or omission of a mortgage broker under this section.    As used in this section, unless the context otherwise requires, “mortgage broker” means a person, firm, partnership, association, or corporation, other than a bank, trust company, savings and loan association, credit union, supervised lender as defined in section 5-1-301 (46), C.R.S., insurance company, federal housing administration approved mortgagee, land mortgagee, or farm loan association or duly appointed loan correspondents, acting through officers, partners, or regular salaried employees for any such entity, that engages in negotiating or offering or attempting to negotiate for a borrower, and for commission, money, or other thing of value, a loan to be consummated and funded by someone other than the one acting for the borrower.     History. Source: L. 90: Entire article R&RE, p. 1679, § 4, effective October 1. L. 2000: (6) amended, p. 1874, § 114, effective August 2.    Editor's note:   This section is similar to former § 38-38-111 , as it existed prior to 1990.
CO Code § 38-40-103.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 40 - Mortgage Brokers - Lenders|§ 38-40-103.5. Notice Upon Transfer of Servicing Rights - Prior Servicer's Offer to Borrower Survives Transfer - Definitions

  As used in this section:   “Borrower” means a person liable under an evidence of debt constituting a residential mortgage loan.    “Evidence of debt” has the meaning set forth in section 38-38-100.3 (8).    “Holder” means the holder of an evidence of debt constituting a residential mortgage loan.    “Residential mortgage loan” has the meaning set forth in section 12-10-702 (21).      “Servicer” means a person who collects, receives, or has the right to collect or receive payments on behalf of a holder, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the holder. (e) (I) “Servicer” means a person who collects, receives, or has the right to collect or receive payments on behalf of a holder, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the holder.    “Servicer” includes:   The person or entity to whom payments are to be sent, as listed on the most recent billing statement or payment coupon provided to the borrower; or    A subsidiary, affiliate, or assignee of a servicer, however designated, including a person designated as a subservicer.             A servicer to whom servicing rights for a residential mortgage loan have been sold or transferred by the holder or by a predecessor servicer is subject to, and shall honor, the borrower's acceptance, prior to the sale or transfer of servicing rights, of any offer previously made by the holder or predecessor servicer in connection with a modification of a residential mortgage loan.    At the time of the transfer or sale of servicing rights for a residential mortgage loan, the transferor or seller shall inform the buyer or transferee of the servicing rights whether a loan modification is pending.    A contract for the transfer or sale of servicing rights for a residential mortgage loan must obligate the successor servicer to:   Accept and continue processing any pending loan modification requests; and    Honor any trial and permanent loan modification agreements entered into by the prior servicer.         History. Source: L. 2013: Entire section added, (HB 13-1017), ch. 36, p. 103, § 1, effective March 15. L. 2019: (1)(d) amended, (HB 19-1172), ch. 136, p. 1725, § 240, effective October 1.
CO Code § 38-40-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 40 - Mortgage Brokers - Lenders|§ 38-40-104. Cause of Action - Attorney Fees

  If any applicant or debtor is aggrieved by a violation of section 38-40-102, 38-40-103, or .5 and the violation is not remedied in a reasonable, timely, and good faith manner by the party obligated to do so, and after a good faith effort to resolve the dispute is made by the debtor or borrower, the debtor or borrower may bring an action in a court of competent jurisdiction for any such violation. If the court finds that actual damages have occurred, the court shall award to the debtor or borrower, in addition to actual damages, the amount of one thousand dollars, together with costs and reasonable attorney fees.    A transferee from a lender is not liable for any act or omission of the lender under section 38-40-102. A transferee of servicing or collection rights is not liable for any act or omission of the transferor of those rights under section 38-40-103 or .5.     History. Source: L. 90: Entire article R&RE, p. 1681, § 4, effective October 1. L. 98: Entire section amended, p. 427, § 1, effective April 21. L. 2013: Entire section amended,(HB 13-1017), ch. 36, p. 104, § 2, effective March 15.    Editor's note:   This section is similar to former § 38-38-114 , as it existed prior to 1990.
CO Code § 38-42-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-101. Lease With Option to Purchase, Title Requirements

 Every oil and gas or mining lease containing any provision whereby the lessor grants and sells to the lessee therein a right or option, at any time during the term thereof or any extensions or renewals thereof, to purchase any part of the lessor's mineral or royalty interest in, on, or under the leased premises shall clearly state in the heading or title of the lease that such right or option is contained therein; but the customary provision contained in such leases permitting the lessee to purchase or sell the lessor's share of production and to account to lessor for the proceeds thereof shall not be deemed to be such a right or option.   History. Source: L. 55: P. 724, § 1. CRS 53: § 118-13-1. C.R.S. 1963: § 118-13-1. History. Source: L. 55: P. 724, § 1. CRS 53: § 118-13-1. C.R.S. 1963: § 118-13-1.    ANNOTATION   Law reviews. For article, “The Interest of Landowner and Lessee in Oil and Gas in Colorado”, see 25 Rocky Mt. L. Rev. 117 (1953). For article, “Colorado Condominium Act--How It Works”, see 36 U. Colo. L. Rev. 451 (1964). For article, “Implied Covenants in Oil and Gas Leases”, see 12 Colo. Law. 1803 (1983).
CO Code § 38-42-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-102. Option Void, When

 Any such right or option contained in any oil and gas or mining lease which is executed subsequent to March 2, 1955, and the title or heading of which does not clearly state that such a right or option is contained therein shall be voidable at the option of the lessor, and upon adjudication by a court of competent jurisdiction that such right or option is voided by virtue of this article, no money paid to the lessor for such lease shall be returned to the lessee therein, but the failure of such lease to satisfy the requirements of this article shall not affect the validity of such lease except as to such right or option to purchase.   History. Source: L. 55: P. 724, § 2. CRS 53: § 118-13-2. C.R.S. 1963: § 118-13-2. History. Source: L. 55: P. 724, § 2. CRS 53: § 118-13-2. C.R.S. 1963: § 118-13-2.    ANNOTATION   Law reviews. For article, “Highlights of the 1955 Colorado Legislative Session--Oil and Gas”, see 28 Rocky Mt. L. Rev. 53 (1955).
CO Code § 38-42-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-103. Title Form

 The title or heading of such a lease containing such a right or option in the lessee as set forth in this article shall be deemed to satisfy the requirements of this article if it reads substantially as follows: Oil and gas lease with option to purchase, or mining lease with option to purchase.   History. Source: L. 55: P. 725, § 3. CRS 53: § 118-13-3. C.R.S. 1963: § 118-13-3. History. Source: L. 55: P. 725, § 3. CRS 53: § 118-13-3. C.R.S. 1963: § 118-13-3.
CO Code § 38-42-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-104. Lease Surrendered, When

 When any oil, gas, or other mineral lease given on land situated in any county of Colorado and recorded therein becomes forfeited or expires by its own terms, it is the duty of the lessee, his successors, or assigns, within ninety days from April 30, 1957, if the forfeiture or expiration occurred prior thereto and within ninety days after the date of the forfeiture or expiration of any other lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged, and placed on record in the county where the leased land is situated without cost to the owner of the leased premises.   History. Source: L. 57: P. 618, § 1. CRS 53: § 118-13-4. C.R.S. 1963: § 118-13-4. History. Source: L. 57: P. 618, § 1. CRS 53: § 118-13-4. C.R.S. 1963: § 118-13-4.    ANNOTATION   Applied in Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 635 P.2d 900 (Colo. App. 1981); Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 695 P.2d 767 (Colo. App. 1984); Whitham Farms, LLC v. City of Longmont, 97 P.3d 135 (Colo. App. 2003).
CO Code § 38-42-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-105. Actions for Surrender of Lease - Damages

 If the owner of such lease neglects or refuses to execute a release as provided by section 38-42-104 , then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action from the lessee, his successors, or assigns the sum of one hundred dollars as damages and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case warrants. In all such actions, writs of attachment may issue as in other cases if the owner of the leased premises makes demand for release in writing, by certified or registered mail, sent to the last-known address of the lessee, successor, or assignee, as the case may be, at least thirty days prior to instituting an action under this section.   History. Source: L. 57: P. 618, § 2. CRS 53: § 118-13-5. C.R.S. 1963: § 118-13-5. History. Source: L. 57: P. 618, § 2. CRS 53: § 118-13-5. C.R.S. 1963: § 118-13-5.    ANNOTATION   Applied in Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 635 P.2d 900 (Colo. App. 1981); Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 695 P.2d 767 (Colo. App. 1984).