Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-38-100.3 Definitions
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As used in articles 37 to 39 of this title 38, unless the context otherwise requires: (1) Agricultural property means property, none of which, on the date of recording of the deed of trust or other lien or at the time of the recording of the notice of election and demand or lis p…
Colo. Rev. Stat. § 38-38-101 Holder of evidence of debt may elect to foreclose
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(1) Documents required. Whenever a holder of an evidence of debt declares a violation of a covenant of a deed of trust and elects to publish all or a portion of the property therein described for sale, the holder or the attorney for the holder shall file the following with the pu…
Colo. Rev. Stat. § 38-38-102 Recording notice of election and demand - record of sale
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(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 …
Colo. Rev. Stat. § 38-38-102.5 Notice prior to residential foreclosure - hotline
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(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 a…
Colo. Rev. Stat. § 38-38-103 Combined notice - publication - providing information
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(1) (a) No more than twenty calendar days after the recording of the notice of election and demand, the public trustee shall mail a combined notice as described in subsection (4) of this section to the persons set forth in the mailing list. (b) No more than sixty calendar days no…
Colo. Rev. Stat. § 38-38-106 Bid required - form of bid
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(1) (a) The holder of the evidence of debt or the attorney for the holder shall submit a bid setting forth the holder's initial bid for the property that is received by the officer no later than 12 noon on the second business day prior to the date of sale as provided in this sect…
Colo. Rev. Stat. § 38-38-107 Fees and costs - definitions
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(1) All fees and costs of every kind and nature incurred under the provisions of articles 37 to 39 of this title shall be fees and costs of the sale chargeable as additional amounts owing under the deed of trust or other lien being foreclosed. The amounts shall be deducted from t…
Colo. Rev. Stat. § 38-38-108 Date of sale
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(1) Whenever property is to be sold following the foreclosure of any deed of trust or other lien by the officer, the initial date of sale shall be: (a) In the case of a sale of property by the public trustee that is not agricultural property, no less than one hundred ten calendar…
Colo. Rev. Stat. § 38-38-109 Continuance of sale - effect of bankruptcy - withdrawal of sale
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(1) Continuance. (a) For any reason deemed by the officer to be good cause or upon written request by the holder of the evidence of debt or by the attorney for the holder, at any time before commencement of the sale, the officer may continue the sale to a later date by making, at…
Colo. Rev. Stat. § 38-38-112 Use of electronic documents authorized
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(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 electron…
Colo. Rev. Stat. § 38-38-113 Rescission of public trustee sale
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(1) If the successful bidder at a foreclosure sale is the holder of the evidence of debt foreclosing the deed of trust or other lien, then such successful bidder, the bidder's attorney, the assignee of the successful bidder pursuant to section 38-38-403, or the assignee's attorne…
Colo. Rev. Stat. § 38-38-201 Foreclosure of installments without acceleration
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(1) Any mortgage or deed of trust securing an evidence of debt payable by installments giving the right to declare the whole indebtedness due and payable on default of the payment of any part thereof may, at the election of the holder of the evidence of debt, be foreclosed as to …
Colo. Rev. Stat. § 38-38-301 Holder of certificate of purchase paying charges - redemption
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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 up…
Colo. Rev. Stat. § 38-38-302 Redemption by lienor - procedure - definition
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(1) Requirements for redemption. A lienor or assignee of a lien is entitled to redeem if the following requirements are met to the satisfaction of the officer: (a) The lienor's lien is a deed of trust or other lien that is created or recognized by state or federal statute or by j…
Colo. Rev. Stat. § 38-38-303 Time of redemption by lienor - repeal. (Repealed)
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Source: 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. Editor's note: (1) Prior to its repeal in 2008, …
Colo. Rev. Stat. § 38-38-304 Effect of redemption
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(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 p…
Colo. Rev. Stat. § 38-38-305.5 Persons considered as lienors - redemption of property
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(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…
Colo. Rev. Stat. § 38-38-306 Rights of other lienors to redeem - definition
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(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 prop…
Colo. Rev. Stat. § 38-38-401 Certificate of purchase - issuance
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(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) Th…
Colo. Rev. Stat. § 38-38-401.5 Certificate - priority of lien
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The lien represented by a certificate of purchase shall have the same priority as the deed of trust or other lien foreclosed. Source: L. 2007: Entire section added, p. 1844, � 20, effective January 1, 2008.
Colo. Rev. Stat. § 38-38-402 Certificate of redemption - issuance
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(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…
Colo. Rev. Stat. § 38-38-403 Certificates assignable
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(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 purc…
Colo. Rev. Stat. § 38-38-405 Certificate as prima facie evidence
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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. Source: L. 2006: Entire section added, p. 1473, � 27, effective January 1, 2008. Editor…
Colo. Rev. Stat. § 38-38-502 Form of confirmation deed for public trustee's sale
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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…
Colo. Rev. Stat. § 38-38-503 Form of confirmation deed for sheriff's sale
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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 DEE…
Colo. Rev. Stat. § 38-38-504 Deed evidence of compliance
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Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed. Source: L. 90: Entire article R…
Colo. Rev. Stat. § 38-38-505 Effect of foreclosures as to certain classes of persons
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(1) All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section 38-38-101, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, o…
Colo. Rev. Stat. § 38-38-506 Omitted parties - definitions
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(1) As used in this section, omitted party means any person who: (a) Prior to the recording of the notice of election and demand or lis pendens, has either acquired a record interest in the property or has obtained a valid possessory interest and is in actual possession of the pr…
Colo. Rev. Stat. § 38-38-601 Receiver appointed upon application
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(1) When an action or proceeding has been commenced to foreclose a mortgage, trust deed, or other instrument securing an indebtedness, a receiver of the property affected shall be appointed upon application at any time prior to the sale, if it appears that the security is clearly…
Colo. Rev. Stat. § 38-38-602 Appointment of receiver to prevent waste
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(1) During the period of redemption, the owner of the premises or the person in possession shall not commit waste, and the purchaser shall have such action or remedy for waste, including injunction, as he would have as owner of the premises. During such period, the owner of the p…
Colo. Rev. Stat. § 38-38-701 Application - use of term foreclosure
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(1) Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply: (a) To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and (b) In the case of proceedings and actio…
Colo. Rev. Stat. § 38-38-702 Limitation of officer's liability
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(1) An officer shall not have responsibility or liability for determining: (a) The amount or reasonableness of a bid at a sale under section 38-38-106, the amount required to cure under section 38-38-104, or the amount required to redeem under section 38-38-302; (b) The accuracy …
Colo. Rev. Stat. § 38-38-703 No waiver of or agreement to shorten right to cure
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A waiver of or agreement to shorten the time period to exercise the right to cure a default granted by the provisions of this article that is made before the date of the default as to which the waiver is granted under a deed of trust, mortgage, or other instrument evidencing a li…
Colo. Rev. Stat. § 38-38-704 Providing information to homeowner and public
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(1) Repealed. (2) (a) Notwithstanding any provision of the deed of trust or other lien being foreclosed or any provision of law to the contrary, an officer may, at his or her discretion, provide to an owner of the property or to any person liable on the secured indebtedness or ot…
Colo. Rev. Stat. § 38-38-705 Curative provisions
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(1) If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt o…