reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-101 - Creation of the office of public trustee

There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. In all counties of the second class, such public trustee shall be appointed as provided in section
38-37-102
, and, in counties of all other classes, the county treasurer of the county shall be such public trustee; except that, in the city and county of Denver and the city and county of Broomfield, the public trustee shall be such equivalent officer as shall be provided by its charter or code.
Amended by 2013 Ch. 23,§ 1, eff. 8/7/2013.
L. 90: Entire article R&RE, p. 1648, § 1, effective October 1. L. 2001: Entire section amended, p. 267, § 11, effective November 15. L. 2013: Entire section amended, (HB 13-1051), ch. 23, p. 54, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-103 - Deputy trustee - successor in office

Each public trustee may appoint deputies who shall have the same power in all respects as the public trustee. All acts of a deputy public trustee shall have the same effect as though performed by the public trustee. If a public trustee dies, resigns, or is removed from office, or if a public trustee's term of office expires after selling any property under the term of a deed of trust and before executing a certificate of redemption or deed for the property, the public trustee's successor in office shall execute the certificate or deed in the same manner that the public trustee making such sale might have done.
L. 90: Entire article R&RE, p. 1649, § 1, effective October 1. L. 2007: Entire section amended, p. 1830, § 3, effective June 1.
This section is similar to former § 38-37-103, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-105 - Classification of counties for purposes of regulating fees and salaries of public trustees

(1)
For the purpose of providing for and regulating the fees and salaries of public trustees, the said several counties of this state are classified with reference to population and divided into three classes, as follows:
(a)
Class 1: City and county of Denver;
(b)
Class 2: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld;
(c)
Class 3: Alamosa, Archuleta, Baca, Bent, city and county of Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma.
L. 90: Entire article R&RE, p. 1651, § 1, effective October 1. L. 91: (1)(c) amended, p. 1921, § 50, effective June 1. L. 2001: (1)(c) amended, p. 268, § 13, effective November 15; (1)(c) amended, p. 1067, § 2, effective November 15 and (1)(b) and (1)(c) amended, p. 1067, § 3, effective 1/1/2003.
(1) This section is similar to former § 38-37-106, as it existed prior to 1990.
(2) Amendments to subsection (1)(c) by House Bill 01-1358 and Senate Bill 01-102 were harmonized.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-106 - Public trustee to act as successor in trust - additional duties

(1)
It is the duty of all public trustees of the several counties of the state of Colorado to accept and discharge the duties of trustee or successor trustee in accordance with the provisions of section
38-34-104
and to accept and discharge those duties of the public trustee prescribed by sections
38-30-171 (3)(b)
and
38-30-173 (3)(b)
.
(2)
Whenever any deed of trust names the wrong public trustee or omits the name of the county of the public trustee in a deed of trust containing a grant to a public trustee and a provision for a power of sale, the public trustee of each county where the property or any portion thereof is located shall act as a successor public trustee or as if the public trustee and county were named in the deed of trust. A public trustee so acting shall have all powers, authority, and duties as if originally named in such deed of trust with respect to the portion of the property located in such county.
L. 90: Entire article R&RE, p. 1651, § 1, effective October 1. L. 92: (2) amended, p. 2089, § 1, effective July 1. L. 93: (1) amended, p. 865, § 43, effective 7/1/1994. L. 96: (1) amended, p. 1330, § 54, effective June 1. L. 98: (1) amended, p. 628, § 42, effective July 1. L. 2006: (2) amended, p. 1436, § 2, effective July 1.
This section is similar to former § 38-37-111, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-107 - Fees under successor trusteeship

Said public trustees, for the performance of services in section
38-37-106
, shall be allowed to charge and receive only such fees as are allowed by law for the performance of like services under deeds of trust wherein such public trustees are named as trustees.
L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.
This section is similar to former § 38-37-112, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-108 - Payments to public trustee - electronic transfers - definition

(1)
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.
(2)
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.
Amended by 2015 Ch. 113,§ 2, eff. 9/1/2015.
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.
This section is similar to former § 38-37-138, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 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.
L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.
This section is similar to former § 38-37-141, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 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.
L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. L. 2006: Entire section amended, p. 1480, § 37, effective 1/1/2008.
(1) This section is similar to former § 38-37-143, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 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.
L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.
This section is similar to former § 38-37-144, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 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.
L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. L. 2002: Entire section amended, p. 1081, § 1, effective June 1.
This section is similar to former § 38-37-136, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 37 - OFFICE OF PUBLIC TRUSTEE (§§ 38-37-100.5 — 38-37-113) › Section 38-37-113 - Checking account - custodial funds

(1)
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.
(2)
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.
(3)
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.
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 1/1/2008.
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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 1 - FORECLOSURE SALE (§§ 38-38-100.3 — 38-38-114) › Section 38-38-102 - Recording notice of election and demand - record of sale

(1)
No later than ten business days following the receipt of the notice of election and demand, the public trustee shall review the documents filed pursuant to section
38-38-101 (1)
and, if the filing is complete, cause the notice to be recorded in the office of the county clerk and recorder of the county where the property described in the notice is located.
(2)
The public trustee shall retain in the public trustee's records a printed or electronic copy of the notice of election and demand and the combined notice, as published pursuant to section
38-38-103
. Such records shall be available for inspection by the public at the public trustee's offices during the public trustee's normal business hours.
L. 90: Entire article R&RE, p. 1656, § 2, effective October 1. L. 2005: Entire section amended, p. 398 § 3, effective August 8. L. 2006: Entire section R&RE, p. 1446, § 8, effective 1/1/2008. L. 2009: (1) amended, (HB 09 -1207), ch. 164, p. 707, § 4, effective September 1.
(1) This section is similar to former § 38-37-137, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 1 - FORECLOSURE SALE (§§ 38-38-100.3 — 38-38-114) › Section 38-38-102.5 - Notice prior to residential foreclosure - hotline

(1)
As used in this section, "holder" means the holder of an evidence of debt constituting a residential mortgage loan, as defined in section
12-10-702 (21)
, or that holder's loan servicer or other person acting on the holder's behalf. "Holder" shall not include a person whose only activity as a holder is as the seller in not more than three credit sales or loans per year.
(2)
At least thirty days before filing a notice of election and demand and at least thirty days after default, the holder shall mail a notice addressed to the original grantor of the deed of trust at the address in the recorded deed of trust or other lien being foreclosed and, if different, at the last address shown in the holder's records, containing:
(a)
The telephone number of the Colorado foreclosure hotline;
(b)
The direct telephone number of the holder's loss mitigation representative or department; and
(c)
A statement that, under section
6-1-1107
, C.R.S., it is illegal for any person acting as a foreclosure consultant to charge an up-front fee or deposit to the borrower for services related to the foreclosure.
(3)
(a)
This section shall apply only to a default consisting solely of the failure of the original grantor of the deed of trust to make one or more required payments.
(b)
With respect to defaults on the same obligation, after the holder has once given the original grantor of the deed of trust a notice as specified in subsection (2) of this section, this section imposes no limitation on the holder's right to foreclose with respect to any subsequent default that occurs within twelve months after such notice.
Amended by 2019 Ch. 136, § 239, eff. 10/1/2019.
Amended by 2014 Ch. 157, § 2, eff. 1/1/2015.
L. 2001: Entire section added, p. 447, § 1, effective 1/1/2002. L. 2006: Entire section repealed, p. 1481, § 39, effective July 1. L. 2008: Entire section RC&RE, p. 2258, § 1, effective June 5. L. 2009: (2) and (3) amended, (HB 09-1207), ch. 708, p. 708, § 5, effective 1/1/2010. L. 2014: (2) amended, (HB 14-1295), ch. 546, p. 546, § 2, effective 1/1/2015. L. 2019: (1) amended, (HB 19-1172), ch. 1725, p. 1725, § 239, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 1 - FORECLOSURE SALE (§§ 38-38-100.3 — 38-38-114) › Section 38-38-112 - Use of electronic documents authorized

(1)
Repealed.
(2)
Consistent with the "Uniform Electronic Transactions Act", article
71.3
of title
24
, C.R.S., any document or record related to a foreclosure may be accepted by the officer in an electronic format or may be made available to the public by the officer in an electronic format. The officer shall establish and uniformly apply written policies for determining whether and the extent to which the officer shall accept documents or records in electronic form; except that the officer shall not require the use of an electronic format for any purpose under this article except as necessary for sales conducted by means of the internet or another electronic medium.
Amended by 2015 Ch. 113,§ 6, eff. 9/1/2015.
L. 2005: Entire section added, p. 399, § 6, effective August 8. L. 2006: Entire section amended, p. 1465, § 18, effective July 1. L. 2007: (1)(a) and (2)(a) amended, p. 1839, § 15, effective June 1. L. 2015: (2) amended, (HB 15-1142), ch. 113, p. 342, § 6, effective September 1.
(1) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2007. (See L. 2006, p. 1465.)
(2) For amendments to subsection (1)(a) by House Bill 07-1157 in effect from June 1, 2007, to July 1, 2007, see L. 2007, p. 1839.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 1 - FORECLOSURE SALE (§§ 38-38-100.3 — 38-38-114) › Section 38-38-114 - Unclaimed refunds - disposition under "Revised Uniform Unclaimed Property Act"

Money payable as a refund for overpayment of a cure of default pursuant to section
38-38-104
or for overpayment of a redemption pursuant to part 3 of this article 38 that remains unclaimed by the owner one year after the money became payable is presumed abandoned and shall be reported and paid to the state treasurer in accordance with sections
38-13-401
and
38-13-603
.
Amended by 2019 Ch. 110, § 17, eff. 7/1/2020.
L. 2007: Entire section added, p. 1839, § 16, effective 1/1/2008.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 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.
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 1/1/2008.
(1) This section is similar to former § 38-39-101, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 38-38-303 - [Repealed]

L. 90: Entire article R&RE, p. 1666, § 2, effective October 1. L. 2002: (1), (2), and (4) amended and (1.5), (5), (6), (7), and (8) added, p. 1345, § 14, effective July 1. L. 2006: (9) added by revision, p. 1481, §§ 40, 41.
(1) Prior to its repeal in 2007, this section was similar to former § 38-39-103, as it existed prior to 1990.
(2) Subsection (9) provided for the repeal of this section, effective July 1, 2007. 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 38-38-304 - Effect of redemption

(1) and (2)
(Deleted by amendment, L. 2006, p. 1471, § 22; L. 2007, p. 1849, § 27, effective January 1, 2008.)
(3)
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.
L. 90: Entire article R&RE, p. 1666, § 2, effective October 1. L. 2006: Entire section amended, p. 1471, § 22, effective 1/1/2008.
(1) This section is similar to former § 38-39-105, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 38-38-305 - Lessee, easement holder, and installment land contract vendor considered as lienors - installment land contract vendee considered as an owner

(1)
For the purposes of this article, a lessee of, or the holder of an easement encumbering, property shall be considered as a lienor, but without any lien amount, and shall be subject to all requirements in this article with respect to lienors. If a subsequent lienor redeems from the redemption of a lessee or easement holder, such subsequent lienor in acquiring said property takes the same subject to such lease or easement.
(1.5)
(a)
The notice to the lessee or lessees who have unrecorded possessory interests in the property being foreclosed as provided for by this article and article
37
of this title by virtue of any foreclosure of a mortgage, trust deed, or other lien or by virtue of an execution and levy shall be mailed to the lessee or lessees of a single-family residence or a multiple-unit residential dwelling. Such notice shall be in writing and shall be sent by regular mail. Notice is complete upon mailing to the lessee at the address of the premises or by addressing such notice to "Occupant" followed by the address.
(b)
Nothing in this section shall affect any rights under this article of a lessee whose residential lease is recorded.
(2)
For the purposes of this article, an installment land contract vendor of property shall be considered as a lienor for the unpaid portion of the purchase price, interest, and other amounts provided under the installment land contract and shall be subject to all requirements in this article with respect to lienors; but such installment land contract vendor shall not be considered as an owner as to any portion of such property.
(3)
For the purposes of this article, an installment land contract vendee of property shall be considered as an owner except as to any portion of such property that such vendee may thereafter have transferred, as evidenced by a recorded instrument, and such vendee shall be subject to all requirements in this article with respect to owners.
(4)
Repealed.
L. 90: Entire article R&RE, p. 1667, § 2, effective October 1; (1.5) added, p. 1684, § 4, effective October 1. L. 2007: (4)(b) added by revision, pp. 1848, 1849, §§ 26, 28.
(1) This section is similar to former § 38-39-106, as it existed prior to 1990.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective January 1, 2008. (See L. 2007, pp. 1848, 1849.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 38-38-305.5 - [Effective 8/7/2024] Persons considered as lienors - redemption of property

(1)
(a)
For the purpose of this article 38, the following people are deemed alternate lienors without a lien amount:
(I)
The unit owner that has an interest appearing by an instrument recorded in the office of the clerk and recorder of the county prior to the recording of the lis pendens is the first priority;
(II)
A tenant of the unit, if the tenancy commenced prior to the recording of the lis pendens and if the lease is not recorded, is the second priority;
(III)
A nonprofit entity that has a primary purpose to develop or preserve affordable housing is the third priority;
(IV)
A community land trust is the fourth priority;
(V)
A cooperative housing corporation formed pursuant to article 33.5 of this title 38 is the fifth priority; and
(VI)
The state of Colorado or a political subdivision of the state of Colorado is the sixth priority.
(b)
An alternate lienor's ability to redeem the property is subject to:
(I)
A lienor that holds evidence of debt secured by the property; or
(II)
A person that is deemed a lienor under section 38-38-305.
(c)
If an alternate lienor redeems after the redemption of a lessee or easement holder, the alternate lienor, in acquiring the property, takes the property subject to the lease or easement.
(2)
This section does not affect the rights under this article 38 of a lessee whose residential lease is recorded.
(3)
This section applies to the foreclosure of a lien in a unit in a common interest community by an association, as defined in section 38-33.3-103 (3).
Added by 2024 Ch. 422,§ 7, eff. 8/7/2024, app. to debts accrued on or after 8/7/2024.
2024 Ch. 422, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 3 - REDEMPTION (§§ 38-38-301 — 38-38-306) › Section 38-38-306 - Rights of other lienors to redeem - definition

(1)
A judgment creditor whose judgment has been made a lien of record and who has complied with the other conditions of a lienor required by this article may redeem as a lienor.
(2)
A mechanic's lien claimant or any other person claiming the right to a statutory lien on real property shall have the right to redeem as a lienor despite the fact that the claim has not been reduced to judgment, if the lien or lien claim has been recorded as required or permitted by statute and the holder thereof has complied with the other conditions required of a lienor by this article. If another lienor redeems after such lien claimant, that portion of the redemption amount attributable to the claim of such lien claimant, as evidenced by such claimant's recorded lien, shall be held in escrow by the officer until a final judgment has been entered in favor of such claimant confirming the claimant's right to a lien and all periods for appeal have expired, whereupon there shall be paid to such claimant from the escrow the amount of the lien claim as established by the judgment, with any interest earned thereon, and the balance, if any, shall be refunded to the borrower, so long as the last redeeming lienor has otherwise been satisfied. If the claimant releases the lien or fails to establish a right to the lien, the entire escrow shall be paid to the borrower, so long as the last redeeming lienor has otherwise been satisfied. Lien claimants of equal priority, for the purposes of this subsection (2), may act in concert and be deemed to represent one claim in which they share pro rata. The right of the borrower to excess sale proceeds pursuant to a homestead exemption under section
38-41-201
is subordinate to the right of a subsequent deed of trust beneficiary for whose benefit the homestead exemption was waived.
(3)
As used in this section, "borrower" has the same meaning as set forth in section
38-38-111 (6)
.
Amended by 2021 Ch. 199, § 3, eff. 5/28/2021.
L. 90: Entire article R&RE, p. 1667, § 2, effective October 1. L. 2006: (2) amended, p. 1471, § 23, effective 1/1/2008. L. 2021: (2) amended and (3) added, (HB 21-1224), ch. 1059, p. 1059, § 3, effective May 28.
(1) This section is similar to former § 38-39-114, as it existed prior to 1990.
(2) The effective date for amendments made to subsection (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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 38-38-401 - Certificate of purchase - issuance

(1)
No later than five business days after the sale, the officer shall execute and record in each county where the property or a portion thereof is located a certificate of purchase containing:
(a)
The names of the original grantors of the deed of trust being foreclosed;
(a.5)
The description of the property;
(b)
The sum paid for the property;
(c)
The name and address of the purchaser;
(d)
A statement that the purchaser or assignee of the certificate of purchase shall be entitled to a confirmation deed at the expiration of all redemption periods provided under part 3 of this article unless a redemption is made;
(e)
The deficiency under the evidence of debt, if any, as a result of the successful bid at sale;
(f)
The public trustee's sale number or, in the case of a sale by the sheriff, the district court civil action number;
(g)
The date of sale;
(h)
An attached exhibit containing a copy of the executed order authorizing the sale that bears the public trustee sale number or civil docket number in the case of a judicial foreclosure; and
(i)
An attached exhibit containing a copy of the mailing list and all amended mailing lists bearing the public trustee sale number or civil docket number in the case of a judicial foreclosure.
(2)
The officer shall retain the recorded certificate of purchase in the officer's records.
(3)
The failure of the officer to comply with the provisions of this section shall not affect the validity of the sale or the vesting of title in the name of the holder of the certificate of purchase or certificate of redemption.
L. 90: Entire article R&RE, p. 1668, § 2, effective October 1. L. 2006: Entire section amended, p. 1472, § 24, effective 1/1/2008. L. 2007: (1)(h) and (1)(i) added, p.1843, § 18, effective 1/1/2008. L. 2009: (1)(a) and (1)(i) amended and (1)(a.5) added, (HB 09 -1207), ch. 164, p. 719, § 15, effective 1/1/2010.
(1) This section is similar to former § 38-39-115, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 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.
L. 2007: Entire section added, p. 1844, § 20, effective 1/1/2008.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 38-38-402 - Certificate of redemption - issuance

(1)
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:
(a)
The names of the original grantors of the deed of trust being foreclosed;
(a.5)
The name and address of the person redeeming;
(b)
The redemption amount paid;
(c)
The date of sale;
(d)
The description of the property redeemed; and
(e)
The public trustee's sale number or, in the case of a sale by the sheriff, the district court civil action number.
(2)
The officer shall retain the recorded certificate of redemption in the officer's records.
(3)
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.
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 1/1/2008. L. 2009: (1)(a) amended and (1)(a.5) added, (HB 09 -1207), ch. 164, p. 719, § 16, effective 1/1/2010.
(1) This section is similar to former § 38-39-104, as it existed prior to 1990.
(2) 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 38-38-403 - Certificates assignable

(1)
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:
(a)
The name and address of the assignee;
(b)
The name and address of the assignor;
(c)
A description of the property;
(d)
The name of the foreclosing holder of the evidence of debt; and
(e)
The number of the foreclosure sale held by the public trustee or the case number of the judicial foreclosure.
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 1/1/2008.
This section is similar to former § 38-39-116, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 38-38-404 - [Repealed]

L. 90: Entire article R&RE, p. 1669, § 2, effective October 1. L. 2006: (4) added by revision, p. 1481, §§ 40, 41.
(1) Prior to its repeal in 2007, this section was similar to former § 38-37-121, as it existed prior to 1990.
(2) Subsection (4) provided for the repeal of this section, effective July 1, 2007. 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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 4 - CERTIFICATES OF PURCHASE AND REDEMPTION (§§ 38-38-401 — 38-38-405) › Section 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.
L. 2006: Entire section added, p. 1473, § 27, effective 1/1/2008.
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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 5 - ISSUANCE OF PUBLIC TRUSTEE'S DEED, SHERIFF'S DEED, AND THE NATURE OF TITLE (§§ 38-38-501 — 38-38-506) › Section 38-38-502 - Form of confirmation deed for public trustee's sale

The confirmation deed executed by the public trustee in a foreclosure sale may be in substantially the following form:
THIS DEED is made ___________________, 20___________________, between ___________________ as the public trustee of the ___________________ County of ___________________, Colorado, and ___________________, grantee, (the holder of the certificate of purchase) (the holder of the certificate of redemption issued to the lienor last redeeming), whose legal address is ___________________.
WHEREAS, ___________________ did, by deed of trust dated ___________________, 20___________________, and recorded in the office of the clerk and recorder of the ___________________ County of ___________________, Colorado, on ___________________, 20___________________, in Book ___________________, Page ___________________, (Film no. ___________________, Reception no. ___________________) convey to the public trustee, in trust, the property hereinafter described to secure the payment of the indebtedness provided in said deed of trust; and
WHEREAS, a violation was made in certain of the terms and covenants of said deed of trust as shown by the notice of election and demand for sale filed with the public trustee; the said property was advertised for public sale at the place and in the manner provided by law and by said deed of trust; combined notice of sale and right to cure and redeem was given as required by law; said property was sold according to said combined notice; and a certificate of purchase thereof was made and recorded in the office of said county clerk and recorder; and
WHEREAS, all periods of redemption have expired.
NOW, THEREFORE, the public trustee, pursuant to the power and authority vested by law and by the said deed of trust, confirms the foreclosure sale and sells and conveys to grantee the following described property located in the ___________________ County of ___________________, State of Colorado, to-wit:
(describe property)
also known by street and number as ___________________ to have and to hold the same, with all appurtenances, forever.
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 1/1/2008. L. 2007: Entire section amended, p. 1844, § 22, effective 1/1/2008.
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.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 5 - ISSUANCE OF PUBLIC TRUSTEE'S DEED, SHERIFF'S DEED, AND THE NATURE OF TITLE (§§ 38-38-501 — 38-38-506) › Section 38-38-503 - Form of confirmation deed for sheriff's sale

The confirmation deed executed by the sheriff in case of a sale by virtue of an execution and levy or judgment and decree shall state the judgment under which the property described was sold and the execution or decree date and may be in substantially the following form:
THIS DEED is made ___________________, 20___________________, between ___________________ as sheriff of the ___________________ County of ___________________, Colorado, and ___________________, grantee, (the holder of the certificate of purchase) (the holder of the certificate of redemption issued to the lienor last redeeming), whose legal address is ___________________.
WHEREAS, ___________________ did, in the ___________________ court for ___________________ and County of ___________________, Colorado, (recover a judgment against ___________________ for the sum of ___________________ dollars and costs of suit and upon which judgment an execution was issued) (obtain a judgment and decree against ___________________) dated ___________________, 20___________________, directed to the sheriff of the ___________________ County of ___________________, Colorado; and
WHEREAS, by virtue of said (execution) (judgment and decree), the sheriff levied upon the property hereinafter described and, after public notice had been given of the time and place of sale as required by law, said property was offered for sale and sold according to said notice, and a certificate of purchase was made and recorded in the office of the county clerk and recorder; and
WHEREAS, all periods of redemption have expired.
NOW, THEREFORE, I, ___________________, sheriff of the ___________________ County of ___________________, Colorado, in consideration of the premises, confirm the sale and sell and convey to grantee the following described property, located in the ___________________ County of ___________________, Colorado:
(describe property)
also known by street and number as ___________________.
TO HAVE AND TO HOLD the same, with all appurtenances thereunto, forever.
L. 90: Entire article R&RE, p. 1670, § 2, effective October 1. L. 2006: Entire section amended, p. 1475, § 30, effective 1/1/2008.
(1) This section is similar to former § 38-39-108, as it existed prior to 1990.
(2) 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.)