CO Code § 5-5-111 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 5 - Remedies and Penalties|Part 1 - Limitations on Creditors' Remedies|§ 5-5-111. Cure of Default

  With respect to a consumer credit transaction, except as provided in subsection (2) of this section, after a default consisting only of the consumer's failure to make a required payment, a creditor, because of that default, may neither accelerate maturity of the unpaid balance of the obligation nor take possession of or otherwise enforce a security interest in the goods or the mobile home that are collateral until twenty days after giving the consumer a notice of right to cure described in section 5-5-110. Until the expiration of the minimum applicable period after the notice is given, all defaults consisting of a failure to make the required payment may be cured by tendering to the creditor the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure restores the consumer to his or her rights under the agreement as though the defaults had not occurred.    With respect to defaults on the same obligation, other than defaults on an obligation secured by a mobile home, after a creditor has once given the consumer a notice of right to cure described in section 5-5-110, this section gives no right to cure and imposes no limitation on the creditor's right to proceed against the consumer or goods that are collateral with respect to any subsequent default that occurs within twelve months of such notice. With respect to defaults on the same obligation that is secured by a mobile home, this section gives no right to cure and imposes no limitation on the creditor's right to proceed against the consumer or goods that are collateral with respect to any third default that occurs within twelve months of such notice. For the purpose of this section, in connection with revolving credit accounts, the obligation is the consumer's account, and there is no right to cure and no limitation on the creditor's rights with respect to any default that occurs within twelve months after an earlier default as to which a creditor has given the consumer notice of right to cure.    Unless a creditor has provided the cosignor on a consumer credit transaction with a notice of right to cure that complies with section 5-5-110 and this section, in addition to the notice of right to cure provided to the consumer, the creditor may neither accelerate maturity of the unpaid balance of the obligation as to the cosignor nor report that amount on the cosignor's consumer report with a consumer reporting agency, as defined in section 5-18-103 and 15 U.S.C. sec. 1681a.    This section and the provisions on waiver, agreements to forego rights, and settlement of claims do not prohibit a consumer from voluntarily surrendering possession of goods that are collateral and the creditor from thereafter enforcing its security interest in the goods at any time after default.    This section shall not apply to consumer credit transactions that are payable in four or fewer installments.     History. Source: L. 2000: Entire article R&RE, p. 1239, § 1, effective July 1. L. 2017: (3) amended,(HB 17-1238), ch. 260, p. 1170, § 8, effective August 9.    Editor's note:    This section is similar to former § 5-5-112, as it existed prior to 2000.    Although this section was effective on July 1, 2000, section 5 of chapter 265, Session Laws of Colorado 2000, provides that the disclosures described in subsection (3) are effective January 1, 2001.     ANNOTATION   Law reviews. For article, “Secured Transactions -- Part II: Default, Foreclosure and Bankruptcy”, see 12 Colo. Law. 13 (1983).   Annotator's note. Since § 5-5-111 is similar to § 5-5-112 as it existed prior to the 2000 repeal and reenactment of articles 1 to 3 and 4 to 6 of this title, relevant cases construing that provision have been included in the annotations to this section.   Buyer may also be entitled to redeem. In addition to the right to cure, as provided by this section and § 5-5-111 , a buyer may be entitled to redeem, but only if the trial court determines that the equities so warrant. Woods v. Monticello Dev. Co., 656 P.2d 1324 (Colo. App. 1982).   Penalty for violation. An appropriate penalty for the violation of this section is the penalty imposed by § 4-9-507 (1) . D.E.B. Adjustment Co. v. Cawthorne, 623 P.2d 82 (Colo. App. 1981).   A lender must strictly comply with notice provisions of the UCCC before it can accelerate a loan and repossess collateral. This section permits acceleration only after a notice of a debtor's right to cure is given. Accelerating a loan prior to the giving of notice as required by this section is improper. First Nat. Bank v. Union Tavern Corp., 794 P.2d 261 (Colo. App. 1990).   This section prohibits a lender from charging default interest against a debtor prior to giving notice of default as required by this section. First Nat. Bank v. Union Tavern Corp., 794 P.2d 261 (Colo. App. 1990).   This section and next section preclude a creditor under a consumer credit transaction from pursuing a replevin remedy prior to the expiration of the 20-day notice period set forth in this section. Green Tree Fin. v. Short, 10 P.3d 721 (Colo. App. 2000).   Applied in Aetna Fin. Co. v. Summers, 642 P.2d 926 (Colo. 1982).