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.
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.
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.
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: (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.)
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.
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.
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.
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.