# Colorado HB26-1098: Public Trustee Act Foreclosure Procedures Colorado HB26-1098, Public Trustee Act Foreclosure Procedures, is a 2026 Regular Session House bill sponsored by Cathy Kipp (Democratic), Lisa Frizell (Republican), Max Brooks (Republican) and 1 others; status signed, last action 2026-05-04 (Governor Signed) (as of 2026-10-19). - Canonical: https://policyrisk.com/state-bill/CO-HB26-1098-2026A - As of: 2026-10-19 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Colorado HB26-1098 - State: Colorado - Session: 2026 Regular Session - Title: Public Trustee Act Foreclosure Procedures - Status: signed - Chamber: House - Introduced: 2026-02-03 - Last action: 2026-05-04, Governor Signed - Sponsors: Cathy Kipp (Democratic), Lisa Frizell (Republican), Max Brooks (Republican), Rebekah Stewart (Democratic) - Cosponsors: 9 - Subjects: Civil Law, Local Government - Touches household money: no - Roll calls: 6 (242 yes, 0 no in all) - Economic provisions PRIA read: 8 ## Summary No summary available. ## Bill overview: provisions PRIA read - More foreclosure notice after mailing changes: benefit, low. When an amended mailing list arrives after the first foreclosure mailing, the officer must reschedule the sale. The new sale must be at least 65 calendar days after the officer receives that list. People on the amended list must be sent notice at least 45 calendar days before the new sale. - More time to claim foreclosure money: benefit, low. Eligible claimants have two years after a foreclosure sale to claim unclaimed overbids of $25 or more from the trustee. An overbid is extra money from the sale. After two years, unclaimed amounts of $25 or more transfer to the Colorado State Treasurer under unclaimed-property law. Unclaimed amounts… - Homeowners' mortgage releases get flexible timing: cost, low. Beginning July 1, 2026, public trustees must record a deed of trust release as soon as practicable after signing it. The law replaces the requirement to record it immediately. This allows more time before the public record shows the release. - Lienholders face firm foreclosure rights deadlines: cost, low. A person receiving a lien through assignment can redeem property after foreclosure only if the assignment was properly recorded. Recording with the county clerk and recorder must occur at least 15 calendar days before the actual sale. Parties seeking to cure nonpayment must prove their right and fi… - Minor notice errors cannot overturn foreclosures: cost, low. Errors in the outstanding principal amount or qualifying minor notice errors do not invalidate a foreclosure notice, publication, or sale. They also do not invalidate the related deed or sale certificate. A qualifying minor error is an error, inaccuracy, or omission that does not significantly affe… - Easier foreclosure paperwork with limited protections: mixed, low. Qualified holders or their lawyers can use recorded copies of specified foreclosure papers instead of certified copies as initial legal proof. The law also removes the prior definition of certified copy. A recorded monetary judgment can allow foreclosure to start without the original debt document… - Omitted property interests get limited remedies: mixed, low. Actions about an omitted party's interest have a deadline: the later of 365 calendar days after recording the foreclosure notice or 180 calendar days after the actual sale. Courts can grant redemption rights, but not cure rights, and must consider the party's notice and chance to act. Redemption te… - Fixed trustee pay and county funding: mixed, low. Public trustees receive $12,500 a year in counties where the county treasurer also serves as trustee. Counties pay trustee salaries monthly through regular payroll, and trustees repay the county quarterly from fees or reserves. If funds are short, repayment waits until enough fees are collected. Tr… ## Sponsors and cosponsors - Sponsor: Cathy Kipp (Democratic), Senate - Sponsor: Lisa Frizell (Republican), Senate - Sponsor: Max Brooks (Republican), House - Sponsor: Rebekah Stewart (Democratic), House - Cosponsor: Bob Marshall (Democratic), House - Cosponsor: Chris Richardson (Republican), House - Cosponsor: Julie McCluskie (Democratic), House - Cosponsor: Michael Carter (Democratic), House - Cosponsor: Monica Duran (Democratic), House - Cosponsor: Mandy Lindsay (Democratic), House - Cosponsor: Ryan Gonzalez (Republican), House - Cosponsor: James Coleman (Democratic), Senate - Cosponsor: William Lindstedt (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-04-02 | House | Senate amendments: Repass | pass | 62 | 0 | | | 2026-04-02 | House | Senate amendments: Concur | pass | 61 | 0 | | | 2026-03-24 | Senate | Third reading: Bill | pass | 34 | 0 | | | 2026-03-18 | Senate | Refer House Bill 26-1098, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | pass | 7 | 0 | | | 2026-03-02 | House | Third reading: Bill | pass | 65 | 0 | | | 2026-02-24 | House | Refer House Bill 26-1098, as amended, to the Committee of the Whole. | pass | 13 | 0 | | ## Actions (15) - 2026-05-04: Governor Signed (House) - 2026-04-23: Sent to the Governor (House) - 2026-04-22: Signed by the Speaker of the House (House) - 2026-04-22: Signed by the President of the Senate (Senate) - 2026-04-02: House Considered Senate Amendments - Result was to Concur - Repass (House) - 2026-03-25: House Considered Senate Amendments - Result was to Laid Over Daily (House) - 2026-03-24: Senate Third Reading Passed - No Amendments (Senate) - 2026-03-23: Senate Second Reading Passed with Amendments - Committee, Floor (Senate) - 2026-03-18: Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole (Senate) - 2026-03-06: Introduced In Senate - Assigned to Local Government & Housing (Senate) - 2026-03-02: House Third Reading Passed - No Amendments (House) - 2026-02-27: House Third Reading Laid Over Daily - No Amendments (House) - 2026-02-26: House Second Reading Special Order - Passed with Amendments - Committee (House) - 2026-02-24: House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole (House) - 2026-02-03: Introduced In House - Assigned to Transportation, Housing & Local Government (House) ## Bill text - Engrossed: [PDF](https://leg.colorado.gov/bill_files/112660/download) - Final Act: [PDF](https://leg.colorado.gov/bill_files/114912/download) - House Transportation, Housing & Local Government Preamend: [PDF](https://leg.colorado.gov/bill_files/112628/download) - Introduced: [PDF](https://leg.colorado.gov/bill_files/111197/download) - Reengrossed: [PDF](https://leg.colorado.gov/bill_files/112736/download) - Rerevised: [PDF](https://leg.colorado.gov/bill_files/113640/download) - Revised: [PDF](https://leg.colorado.gov/bill_files/113618/download) - Senate Local Government & Housing Preamend: [PDF](https://leg.colorado.gov/bill_files/113481/download) - Signed Act: [PDF](https://leg.colorado.gov/bill_files/115764/download) ## Related bills - HB26-1298: Background Checks for Child Welfare Placements (signed) - HB26-1250: Procedures Related to Civil Asset Forfeiture (signed) - HB26-1414: Medical Record Requests (signed) - HB26-1430: Transportation Funding Adjustments (signed) - SB26-155: Increase Access Homeowner's Insurance Enterprise (signed) - HB26-1429: County Administration Public Assistance Programs (signed) ## Sources - [Engrossed (PDF)](https://leg.colorado.gov/bill_files/112660/download) - [Final Act (PDF)](https://leg.colorado.gov/bill_files/114912/download) - [House Transportation, Housing & Local Government Preamend (PDF)](https://leg.colorado.gov/bill_files/112628/download) - [Introduced (PDF)](https://leg.colorado.gov/bill_files/111197/download) - [Reengrossed (PDF)](https://leg.colorado.gov/bill_files/112736/download) - [Rerevised (PDF)](https://leg.colorado.gov/bill_files/113640/download) - [Revised (PDF)](https://leg.colorado.gov/bill_files/113618/download) - [Senate Local Government & Housing Preamend (PDF)](https://leg.colorado.gov/bill_files/113481/download) - [Signed Act (PDF)](https://leg.colorado.gov/bill_files/115764/download) ## Related - [HB26-1298: Background Checks for Child Welfare Placements](https://policyrisk.com/state-bill/CO-HB26-1298-2026A) - [HB26-1250: Procedures Related to Civil Asset Forfeiture](https://policyrisk.com/state-bill/CO-HB26-1250-2026A) - [HB26-1414: Medical Record Requests](https://policyrisk.com/state-bill/CO-HB26-1414-2026A) - [HB26-1430: Transportation Funding Adjustments](https://policyrisk.com/state-bill/CO-HB26-1430-2026A) - [SB26-155: Increase Access Homeowner's Insurance Enterprise](https://policyrisk.com/state-bill/CO-SB26-155-2026A) - [HB26-1429: County Administration Public Assistance Programs](https://policyrisk.com/state-bill/CO-HB26-1429-2026A) - [Colorado bills](https://policyrisk.com/states/colorado/bills) - [Colorado state hub](https://policyrisk.com/states/colorado) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/CO-HB26-1098-2026A (as of 2026-10-19).