Public Trustee Act Foreclosure Procedures

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0489.01 Sam Anderson x4218 HOUSE BILL 26-1098
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing

A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO THE "COLORADO PUBLIC TRUSTEE101
ACT" RELATED TO FORECLOSURE PROCEDURES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes modifications related to foreclosure procedures in
the "Colorado Public Trustee Act" to:
! Set the salary of the public trustee in counties where the
county treasurer serves as the public trustee;
! Eliminate the requirement that a public trustee make certain
statements to the board of county commissioners under
SENATE
3rd Reading Unamended
March 24, 2026
SENATE
Amended 2nd Reading
March 23, 2026
HOUSE
3rd Reading Unamended
March 2, 2026
HOUSE
Amended 2nd Reading
February 26, 2026
HOUSE SPONSORSHIP
Brooks and Stewart R., Duran, Gonzalez R., Lindsay, Marshall, Richardson
SENATE SPONSORSHIP
Frizell and Kipp, Coleman, Lindstedt
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
oath;
! Repeal the requirement that a public trustee appointed by
the governor be subject to the state "Procurement Code";
! Clarify the source of funds used to pay a public trustee;
! Repeal the definition of "certified copy" and references
thereto;
! Define "nonmaterial misstatement";
! Clarify the date by which the public trustee or sheriff
conducting a foreclosure (officer) must mail the combined
notice of sale, right to cure, and right to redeem to persons
on an amended mailing list;
! Clarify that a junior lienor is entitled to cure the default if
the junior lienor files with the officer;
! Specify that unclaimed remaining amount for which a
property is sold at a foreclosure sale that is in excess of the
bid amount may be transferred to the state treasurer for
disposition or held by the county treasurer pursuant to the
terms of a county resolution regarding unclaimed funds;
! Add a requirement regarding redemption that specifies that
if a lien is assigned, the holder's rights are valid only if the
assignment of the lien is duly recorded at least 15 calendar
days prior to the date of sale;
! Clarify an omitted party's rights after a foreclosure sale;
and
! Specify when an omitted party's interest may be terminated.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 38-37-104, amend2
(2) and (3), and repeal (8) as follows: 3
38-37-104. Duties of public trustees - fees, expenses, and4
salaries - reports - definition.5
(2) (a) The salary of the public trustee in the different counties of6
the state shall be fixed at the following amounts, to wit: In counties of the7
second class, twenty-six thousand dollars per annum for full-time public8
trustees and, in counties of the third class, six thousand five hundred9
dollars per annum FOR PUBLIC TRUSTEES IN ALL COUNTIES WHEREIN THE10
COUNTY TREASURER SERVES AS THE PUBLIC TRUSTEE, THE SALARY SHALL11
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BE FIXED AT TWELVE THOUSAND FIVE HUNDRED DOLLARS PER ANNUM.1
(b) For public trustees whose terms begin on or after July 1, 1998,2
but prior to January 1, 2003, the salary of the public trustee in the3
different counties of the state shall be fixed at the following amounts, to4
wit: In counties of the second class, thirty-two thousand dollars per5
annum for full-time public trustees and, in counties of the third class,6
eight thousand dollars per annum; except that, in the city and county of7
Broomfield, such salary shall be as set forth in its annual budget.8
(b.3) (I) For public trustees whose terms begin on or after January9
1, 2003, except as otherwise provided in subparagraph (II), (III), or (IV)10
of this paragraph (b.3), the salary of the public trustee in the different11
counties of the state shall be fixed at the following amounts, to wit: In12
counties of the second class, forty-eight thousand five hundred dollars per13
annum, and in counties of the third class, twelve thousand five hundred14
dollars per annum.15
(II) For public trustees who are serving in office on or after March16
13, 2008, the salary of the public trustee in the different counties of the17
state shall be fixed at the following amounts, to wit: In counties of the18
second class, fift y-six thousand five hundred dollars per annum; and in19
counties of the third class, twelve thousand five hundred dollars per20
annum.21
(III) For public trustees in counties of the second class who are22
serving in office on or after February 1, 2009, the salary shall be fixed at23
sixty-four thousand five hundred dollars per annum.24
(IV) For public trustees in counties of the second class who are25
serving in office on or after February 1, 2010, the salary shall be fixed at26
seventy-two thousand five hundred dollars per annum.27
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(V) For public trustees in counties of the second class wherein the1
county treasurer serves as the public trustee, the salary shall be fixed at2
twelve thousand five hundred dollars per annum.3
(b.5) Repealed.4
(c) Such salaries shall be paid MONTHLY FROM THE GENERAL5
FUND AS PART OF THE COUNTY 'S STANDARD PAYROLL PROCESS . ON A6
QUARTERLY BASIS, THE PUBLIC TRUSTEE SHALL REIMBURSE THE COUNTY7
GENERAL FUND FOR THE MONTHLY SALARIES from the fees collected by8
the public trustee as provided in this section and not otherwise OR FROM9
THE PUBLIC TRUSTEE SPECIAL RESERVE ACCOUNT . IF THERE ARE NOT10
SUFFICIENT FUNDS AVAILABLE , THEN THE PUBLIC TRUSTEE SHALL11
REIMBURSE THE GENERAL FUND ACCOUNT AS SOON AS ENOUGH FEES HAVE12
BEEN COLLECTED.13
(3) The public trustee of each county shall quarterly make and file14
with the board of county commissioners of the county a full and complete15
statement under oath of all transactions of the office of the public trustee16
and shall, upon the approval of said report, pay to the county treasurer all17
sums that the public trustee has received as fees in excess of the amount18
of salary then due to the public trustee and in excess of all necessary and19
reasonable expenses for staff wages and any benefits provided pursuant20
to county personnel policy and other expenses incidental to the conduct21
of the office of the public trustee for the quarter ending at the time of22
such report, which moneys MONEY shall, by the county treasurer, be23
placed to the credit of a fund to be known as the public trustee salary24
fund. The public trustee shall, before remitting such excess funds, retain25
such excess funds in a special reserve fund, which fund shall be26
maintained in a separate interest-bearing account as permitted under27
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section 38-37-113, until such special reserve fund, including accrued1
interest, reaches an amount equal to the public trustee's total operating2
expenses and authorized salary for the previous fiscal year, as filed3
pursuant to this subsection (3). If, in any particular quarter, the public4
trustee's operating expenses and authorized salary exceed the fees5
collected in the quarter, the public trustee may draw on the special reserve6
fund to cover the public trustee's operating expenses and authorized salary7
for that quarter. At such time as the special reserve fund has reached the8
permitted amount, excess funds shall be paid to the county treasurer to be9
placed in the public trustee salary fund. At the expiration of each year, the10
county treasurer shall, out of any moneys MONEY in the public trustee11
salary fund and not otherwise, pay to the public trustee such an amount,12
if any, as may be still due to the public trustee on account of the public13
trustee's salary for that year just expired, such payment to be made only14
upon the certificate of the board stating the amount of such salary still15
remaining due and unpaid, and the balance of said fund shall thereupon16
be transferred to the general fund of the county.17
(8) Each public trustee who is appointed by the governor shall be18
subject to the state "Procurement Code", articles 101 to 112 of title 24,19
C.R.S., for any purchase of twenty thousand dollars or more and for any20
multiple year purchase agreement; except that, if the procurement rules21
established for the county in which the public trustee serves require an22
open and competitive bidding process, the public trustee may apply the23
county procurement rules.24
SECTION 2. In Colorado Revised Statutes, 38-38-100.3, repeal 25
(3); and add (15.5) as follows:26
38-38-100.3. Definitions.27
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As used in articles 37 to 39 of this title 38, unless the context1
otherwise requires:2
(3) "Certified copy" means, with respect to a recorded document,3
a copy of the document certified by the clerk and recorder of the county4
where the document was recorded.5
(15.5) "N ONMATERIAL MISSTATEMENT " MEANS AN ERROR ,6
INACCURACY, OR OMISSION THAT IS MINOR OR INCONSEQUENTIAL AND7
DOES NOT SIGNIFICANTLY AFFECT THE UNDERSTANDING , VALIDITY, OR8
ENFORCEABILITY OF THE DOCUMENT.9
SECTION 3. In Colorado Revised Statutes, 38-38-101, amend10
(1)(b)(III), (1)(c)(I), (2), and (5) as follows:11
38-38-101. Holder of evidence of debt may elect to foreclose. 12
(1) Documents required. Whenever a holder of an evidence of13
debt declares a violation of a covenant of a deed of trust and elects to14
publish all or a portion of the property therein described for sale, the15
holder or the attorney for the holder shall file the following with the16
public trustee of the county where the property is located:17
(b) The original evidence of debt, including any modifications to18
the original evidence of debt, together with the original indorsement or19
assignment thereof, if any, to the holder of the evidence of debt or other20
proper indorsement or assignment in accordance with subsection (6) of21
this section or, in lieu of the original evidence of debt, one of the22
following:23
(III) A certified RECORDED copy of a monetary judgment entered24
by a court of competent jurisdiction;25
(c) The original recorded deed of trust securing the evidence of26
debt and any original recorded modifications of the deed of trust or any27
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recorded partial releases of the deed of trust, or in lieu thereof, one of the1
following:2
(I) Certified Copies of the recorded deed of trust and any recorded3
modifications of the deed of trust or recorded partial releases of the deed4
of trust; or5
(2) Foreclosure by qualified holder without original evidence6
of debt, original or recorded copy of deed of trust, or proper7
indorsement.8
(a) A qualified holder, whether acting for itself or as agent,9
nominee, or trustee under section 38-38-100.3 (20), that elects to10
foreclose without the original evidence of debt pursuant to subparagraph11
(II) of paragraph (b) of subsection (1) SUBSECTION (1)(b)(II) of this12
section, or without the original recorded deed of trust or a certified13
RECORDED copy thereof pursuant to subparagraph (II) of paragraph (c) of14
subsection (1) SUBSECTION (1)(c)(II) of this section, or without the proper15
indorsement or assignment of an evidence of debt under paragraph (b) of16
subsection (1) SUBSECTION (1)(b) of this section shall, by operation of17
law, be deemed to have agreed to indemnify and defend any person liable18
for repayment of any portion of the original evidence of debt in the event19
that the original evidence of debt is presented for payment to the extent20
of any amount, other than the amount of a deficiency remaining under the21
evidence of debt after deducting the amount bid at sale, and any person22
who sustains a loss due to any title defect that results from reliance upon23
a sale at which the original evidence of debt was not presented. The24
indemnity granted by this subsection (2) shall be IS limited to actual25
economic loss suffered together with any court costs and reasonable26
attorney fees and costs incurred in defending a claim brought as a direct27
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and proximate cause of the failure to produce the original evidence of1
debt, but such indemnity shall not include, and no claimant shall be IS2
entitled to, any special, incidental, consequential, reliance, expectation,3
or punitive damages of any kind. A qualified holder acting as agent,4
nominee, or trustee shall be IS liable for the indemnity pursuant to this5
subsection (2).6
(b) In the event that a qualified holder or the attorney for the7
holder commences a foreclosure without production of the original8
evidence of debt, COPY OF RECORDED MODIFICATION, proper indorsement9
or assignment, or the original recorded deed of trust or a certified10
RECORDED copy thereof, the qualified holder or the attorney for the holder11
may submit the original evidence of debt, COPY OF RECORDED12
MODIFICATION, proper indorsement or assignment, or the original13
recorded deed of trust or a certified RECORDED copy thereof to the officer14
prior to the sale. In such event, the sale shall be IS conducted and15
administered as if the original evidence of debt, COPY OF RECORDED16
MODIFICATION, proper indorsement or assignment, or the original17
recorded deed of trust or a certified RECORDED copy thereof had been18
submitted at the time of commencement of such proceeding, and any19
indemnities deemed to have been given by the qualified holder under20
paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION21
shall be null and ARE void as to the instrument produced under this22
paragraph (b) SUBSECTION (2)(b).23
(c) In the event that a foreclosure is conducted where the original24
evidence of debt, proper indorsement or assignment, or original recorded25
deed of trust or certified RECORDED copy thereof has not been produced,26
the only claims shall be ARE against the indemnitor as provided in27
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paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION1
and not against the foreclosed property or the attorney for the holder of2
the evidence of debt. Nothing in this section shall preclude PRECLUDES a3
person liable for repayment of the evidence of debt from pursuing4
remedies allowed by law.5
(5) Error in notice. In the event that the amount of the6
outstanding principal balance due and owing upon the secured7
indebtedness OR ANY NONMATERIAL MISSTATEMENT is erroneously set8
forth in the notice of election and demand or the combined notice, the9
error shall not affect the validity of the notice of election and demand, the10
combined notice, the publication, the sale, the certificate of purchase11
described in section 38-38-401, the certificate of redemption described in12
section 38-38-402, the confirmation deed as defined in section13
38-38-100.3 (5), or any other document executed in connection therewith. 14
SECTION 4. In Colorado Revised Statutes, 38-38-103, amend15
(2)(a) as follows:16
38-38-103. Combined notice - publication - providing17
information. 18
(2) (a) The holder of the evidence of debt or the attorney for the19
holder shall deliver an amended mailing list to the officer as needed. If an20
OFFICER RECEIVES AN amended mailing list is received after the officer21
has sent the mailing described in paragraph (b) of subsection (1)22
SUBSECTION (1)(b) of this section, the officer shall continue the sale to no23
less than sixty-five calendar days after receipt of the amended mailing24
list. The officer shall send the notice pursuant to subsection (4) of this25
section to the persons on the amended mailing list no less than forty-five26
calendar days prior to the actual NEWLY SCHEDULED date of sale.27
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SECTION 5. In Colorado Revised Statutes, 38-38-104, amend1
(1)(d) as follows:2
38-38-104. Right to cure when default is nonpayment - right3
to cure for certain technical defaults.4
(1) Unless the order authorizing the sale described in section5
38-38-105 contains a determination that there is a reasonable probability6
that a default in the terms of the evidence of debt, deed of trust, or other7
lien being foreclosed other than nonpayment of sums due thereunder has8
occurred, any of the following persons is entitled to cure the default if the9
person files with the officer, no later than fifteen calendar days prior to10
the date of sale, a written notice of intent to cure together with evidence11
of the person's right to cure to the satisfaction of the officer:12
(d) A holder of an interest junior to the lien being foreclosed by13
virtue of being a lienor or lessee of, or a holder of an easement or license14
on, the property or a contract vendee of the property, if the instrument15
evidencing the interest was recorded in the records prior to the date and16
time of the recording of the notice of election and demand or lis pendens.17
A JUNIOR LIENOR, AS DEFINED IN SECTION 38-38-100.3. If, prior to the date18
and time of the recording of the notice of election and demand or lis19
pendens, a lien is recorded in an incorrect county, the holder's rights20
under this section shall ARE only be valid if the lien is rerecorded in the21
correct county at least fifteen calendar days prior to the actual date of22
sale. 23
SECTION 6. In Colorado Revised Statutes, 38-38-106, amend24
(7)(a)(II) as follows:25
38-38-106. Bid required - form of bid.26
(7) (a) (II) If the holder of the evidence of debt is the highest27
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bidder with a bid that exceeds the total amount due shown on the bid1
pursuant to subsection (2) of this section, the holder of the evidence of2
debt is only required to pay the excess of the amount bid over the amount3
due the holder of the evidence of debt, as shown on the bid submitted4
pursuant to subsection (2) of this section. T HE HOLDER SHALL PAY THE5
EXCESS OF THE AMOUNT BID TO THE OFFICE WITHIN THREE BUSINESS DAYS6
AFTER THE SALE.7
SECTION 7. In Colorado Revised Statutes, 38-38-108, amend8
(2)(a)(I)(A) as follows:9
38-38-108. Date of sale.10
(2) (a) (I) If it is not evident from the legal description contained11
in the deed of trust or other lien being foreclosed whether the property12
described therein is agricultural property, the officer shall make that13
determination no less than ten calendar days nor more than twenty14
calendar days after the recording of the notice of election and demand;15
except that the officer may make the determination at any earlier time16
upon presentation of acceptable evidence that the property is not17
agricultural property. The officer shall accept the following as evidence18
that the property is not agricultural property:19
(A) A certified copy of the subdivision plat containing the20
property or any portion thereof recorded in the office of the clerk and21
recorder of the county where the property or any portion thereof is22
located; or23
SECTION 8. In Colorado Revised Statutes, 38-38-109, amend24
(1)(b) and (2)(a) as follows:25
38-38-109. Continuance of sale - effect of bankruptcy -26
withdrawal of sale.27
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(1) Continuance. 1
(b) At the request of the holder of the evidence of debt or the2
attorney for the holder or upon the officer's own initiative, the officer3
shall correct any errors in a published combined notice and shall continue4
the then-scheduled date of sale to a future date within the period of5
continuance allowed by paragraph (a) of this subsection (1) SUBSECTION6
(1)(a) OF THIS SECTION to permit a corrected combined notice to be7
published or the original combined notice to be republished pursuant to8
section 38-38-103 (5). If the officer failed to publish the combined notice9
as required by section 38-38-103 (5), the officer shall continue the10
then-scheduled date of sale to a future date within the period of11
continuance allowed by paragraph (a) of this subsection (1) SUBSECTION12
(1)(a) OF THIS SECTION . The future date of sale to which the sale is13
continued pursuant to this paragraph (b) SUBSECTION (1)(b) shall be no14
later than thirty calendar days after the fifth publication of the corrected15
combined notice or republished combined notice. The officer shall mail16
a copy of the combined notice, or corrected combined notice if the17
original combined notice was erroneous, to the persons and addresses on18
the most recent amended mailing list no later than ten calendar days after19
the first correct publication or republication and no less than forty-five20
calendar days prior to the actual NEWLY SCHEDULED date of sale in the21
same manner as set forth in section 38-38-103. If there is no amended22
mailing list, the officer shall mail a copy of the combined notice, or23
corrected combined notice if the original combined notice was erroneous,24
to the persons as set forth in the mailing list.25
(2) Effect of bankruptcy proceedings.26
(a) If all publications of the combined notice prescribed by section27
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38-38-103 (5) or 13-56-201 (1) C.R.S., have been completed before a1
ANY INJUNCTION OR bankruptcy petition has been filed that automatically2
stays the officer from conducting the sale, the officer shall announce,3
post, or provide notice of that fact on the then-scheduled date of sale, take4
no action at the then-scheduled sale, and allow the sale to be5
automatically continued from week to week in accordance with paragraph6
(a) of subsection (1) SUBSECTION (1)(a) of this section, unless otherwise7
requested in writing prior to any such date of sale by the holder of the8
evidence of debt or the attorney for the holder.9
SECTION 9. In Colorado Revised Statutes, 38-38-111, amend10
(3)(a)(II) and (3)(b) as follows:11
38-38-111. Treatment of an overbid - agreements to assist in12
recovery of overbid prohibited - penalty - definition. 13
(3) (a) (II) When the property is sold by the public trustee, any14
unclaimed remaining overbid from a foreclosure sale shall be IS held by15
the public trustee in escrow. The remaining overbid shall be IS held for16
six months from the date of the sale. The public trustee is answerable for17
the funds without interest at any time within the six-month TWO-YEAR18
period to any person legally entitled to the funds. Any interest earned on19
the escrowed funds must be paid to the county at least annually.20
Unclaimed remaining overbids that are less than twenty-five dollars and21
that are not claimed within six months from the date of sale must be paid22
to the general fund of the county, and such money paid to the general23
fund of the county becomes the property of the county. Unclaimed24
remaining overbids that are equal to or greater than twenty-five dollars25
and that are not claimed within six months TWO YEARS from the date26
of the sale are unclaimed property for purposes of the "Revised Uniform27
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Unclaimed Property Act", article 13 of this title 38, and must be1
transferred to the administrator in accordance with article 13 SHALL BE2
TRANSFERRED TO THE STATE TREASURER FOR DISPOSITION IN3
ACCORDANCE WITH THE "REVISED UNIFORM UNCLAIMED PROPERTY ACT",4
ARTICLE 13 OF THIS TITLE 38. After unclaimed remaining overbids are5
transferred to the administrator or to the general fund of the county, the6
public trustee is discharged from any further liability or responsibility for7
the money.8
(b) If the unclaimed remaining overbids exceed five hundred9
dollars and have not been claimed by any person entitled thereto within10
sixty calendar days after the expiration of all redemption periods as11
provided by section 38-38-302, the public trustee shall, within ninety12
calendar days after the expiration of all redemption periods, commence13
publication of a notice for four weeks, which means publication once14
each week for five successive weeks, in a newspaper of general15
circulation in the county where the subject property is located. The notice16
must contain the name of the borrower, the borrower's address as given17
in the recorded instrument evidencing the borrower's interest, and the18
legal description and street address, if any, of the property sold at the sale19
and must state that an overbid was realized from the sale and that, unless20
the funds are claimed by the borrower or other person entitled thereto21
within six months after TWO YEARS FROM the date of sale, the funds shall22
be transferred to the state treasurer for disposition in accordance with the23
"Revised Uniform Unclaimed Property Act", article 13 of this title 38.24
The public trustee shall also mail a copy of the notice to the borrower at25
the best available address.26
SECTION 10. In Colorado Revised Statutes, amend 38-13-21427
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as follows:1
38-13-214. Foreclosure sale - overbid.2
Any overbid, as defined in section 38-38-100.3, that is equal to or3
greater than twenty-five dollars and that remains unclaimed for six4
months TWO YEARS after the date of sale is presumed abandoned.5
SECTION 11. In Colorado Revised Statutes, 38-38-302, amend6
(1)(e) and (1)(f); and add (1)(c.5) as follows:7
38-38-302. Redemption by lienor - procedure - definition.8
(1) Requirements for redemption. A lienor or assignee of a lien9
is entitled to redeem if the following requirements are met to the10
satisfaction of the officer:11
(c.5) I F A LIEN IS ASSIGNED , THE HOLDER 'S RIGHTS UNDER THIS12
SECTION ARE VALID ONLY IF THE ASSIGNMENT OF THE LIEN IS DULY13
RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY14
AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO THE ACTUAL DATE OF SALE.15
(e) The lienor has attached to the notice of intent to redeem the16
original instrument and any assignment of the lien to the person17
attempting to redeem, or certified RECORDED copies thereof, or in the case18
of a qualified holder, a copy of the instrument evidencing the lien and any19
assignment of the lien to the person attempting to redeem. If the original20
instrument is delivered to the officer, the officer shall return the21
instrument to the lienor and retain a copy.22
(f) The lienor has attached to the notice of intent to redeem a23
signed and properly acknowledged statement of the lienor, or a signed24
statement by the lienor's attorney, setting forth the amount required to25
redeem the lienor's lien, including per diem interest, through the end of26
the nineteenth business day after the sale with the same specificity and27
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itemization as required in section 38-38-106. A JUNIOR LIENOR THAT IS1
NOT A QUALIFIED HOLDER SHALL ALSO SUBMIT TO THE OFFICER RECEIPTS,2
INVOICES, AND PROOF OF FEES AND COSTS AND VERIFY THAT ALL FEES AND3
COSTS ARE REASONABLE AND WERE ACTUALLY INCURRED AS OF THE DATE4
OF THE FILING OF THE INTENT TO REDEEM . If the amount required to5
redeem the lienor's lien shown on the statement is zero, the lienor has no6
right to redeem unless section 38-38-305 applies. 7
SECTION 12. In Colorado Revised Statutes, 38-38-306, amend8
(1) as follows:9
38-38-306. Rights of other lienors to redeem - definition.10
(1) A judgment creditor whose judgment has been made a lien of11
record BY BEING DULY RECORDED IN THE OFFICE OF THE CLERK AND12
RECORDER OF THE COUNTY AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO13
THE ACTUAL DATE OF SALE and who has complied with the other14
conditions of a lienor required by this article BY DULY FILING AN INTENT15
TO REDEEM PURSUANT TO SECTION 38-38-302 may redeem as a lienor.16
SECTION 13. In Colorado Revised Statutes, amend 38-38-40517
as follows:18
38-38-405. Certificate as prima facie evidence.19
A certificate of purchase, certificate of redemption, confirmation20
deed, or a certified RECORDED copy thereof shall be deemed to be prima21
facie evidence of all statements or recitals contained therein.22
SECTION 14. In Colorado Revised Statutes, 38-38-506, amend23
(2)(a) as follows:24
38-38-506. Omitted parties - definitions.25
(2) (a) The interest of an omitted party in the property that is the26
subject of a sale may be terminated if the omitted party, or anyone27
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claiming by, through, or under an omitted party, in a civil action1
commenced at any time by any interested person as defined in paragraph2
(c) of this subsection (2) SUBSECTION (2)(c) OF THIS SECTION , by an3
omitted party, or by anyone clai ming by, through, or under an omitted4
party, is afforded rights of cure if the omitted party would have been5
entitled to cure pursuant to section 38-38-104, or is afforded redemption6
rights if the omitted party would have been entitled to redeem pursuant7
to section 38-38-302, upon such terms as the court may deem equitable8
under the circumstances, which terms shall not, however, be more9
favorable than the person's statutory rights. The court shall give full10
consideration to whether the omitted party or anyone claiming by,11
through, or under an omitted party was given or had actual notice or12
knowledge of the foreclosure and was given an opportunity to exercise13
statutory rights to cure or redeem. 14
SECTION 15. In Colorado Revised Statutes, 38-39-102, amend15
(1)(b) as follows:16
38-39-102. When deed of trust shall be released - definitions.17
(1) (b) Immediately Upon execution of the release of the deed of18
trust by the public trustee, the public trustee shall cause, AS SOON AS19
PRACTICABLE, the release to be recorded in the records of the county clerk20
and recorder.21
SECTION 16. Effective date. This act takes effect July 1, 2026.22
SECTION 17. Safety clause. The general assembly finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety or for appropriations for25
the support and maintenance of the departments of the state and state26
institutions.27
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