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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

44 sections·Filtered byTitle 38✕Ch 38✕

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…
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 on…

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. § 38-38-103.1 Single point of contact - servicer to designate - duties - exemption

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(1) No later than the forty-fifth day of a borrower's delinquency, a servicer shall promptly establish a single point of contact for communications with the borrower. The servicer shall do so within the time periods prescribed in, and subject to the other requirements imposed by,…

Colo. Rev. Stat. § 38-38-103.2 Dual tracking prohibited - notice to officer - continuation of sale pending inquiry

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(1) A servicer is subject to the time limits and other requirements of federal law and CFPB rules in connection with a foreclosure under this article. (2) The servicer shall: (a) Notify the borrower in writing when it receives a complete loss mitigation application from the borro…

Colo. Rev. Stat. § 38-38-104 Right to cure when default is nonpayment - right to cure for certain technical defaults

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(1) Unless the order authorizing the sale described in section 38-38-105 contains a determination that there is a reasonable probability that a default in the terms of the evidence of debt, deed of trust, or other lien being foreclosed other than nonpayment of sums due thereunder…

Colo. Rev. Stat. § 38-38-105 Court order authorizing sale mandatory - notice of hearing for residential properties - definition

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(1) Repealed. (2) (a) On and after January 1, 2008, whenever a public trustee forecloses upon a deed of trust under this article, the holder of the evidence of debt or the attorney for the holder shall obtain an order authorizing sale from a court of competent jurisdiction to iss…

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. § 38-38-109.5 Continuance of sale - unit association lien - unit owner's motion to stay - escrow of proceeds - purchaser title

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(1) Notwithstanding any provision of this title 38 to the contrary, at any time after a unit owners' association files an action for foreclosure of the unit association lien on a unit, but prior to the sale date at auction, the unit owner or the unit owner's designated representa…

Colo. Rev. Stat. § 38-38-110 Sales by officer - location - announcement - records - electronic devices - definitions

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(1) (a) (I) Notwithstanding the provisions of any deed of trust or other lien being foreclosed, the officer shall conduct the sale at any door or entrance to, or in any room in any building temporarily or permanently used as, a courthouse or at or within any building where the of…

Colo. Rev. Stat. § 38-38-111 Treatment of an overbid - agreements to assist in recovery of overbid prohibited - penalty - definition

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(1) An overbid shall be first applied to any deficiency as indicated in the holder's bid, and then paid to the officer to be held in escrow until the end of all redemption periods as provided in section 38-38-302. (2) Upon the expiration of all redemption periods provided in sect…

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 electr…

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. § 38-38-114 Unclaimed refunds - disposition under "Revised Uniform Unclaimed Property Act"

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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 rep…

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. § 38-38-304 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 Lessee, easement holder, and installment land contract vendor considered as lienors - installment land contract vendee considered as an owner

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(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 fro…

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 by being duly recorded in the office of the clerk and recorder of the county at least fifteen calendar days prior to the actual date of sale and who has complied with the other conditions of a lienor required b…

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 recorded 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. L. 2026…

Colo. Rev. Stat. § 38-38-501 Title vests upon expiration of redemption periods - confirmation deed - definition

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(1) Upon the expiration of all redemption periods allowed to all lienors entitled to redeem under part 3 of this article or, if there are no redemption periods, upon the close of the officer's business day eight business days after the sale, title to the property sold shall vest …

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 _______…

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 …

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…