Modify Property Tax Lien Sales Treasurer Deeds & Fees

SENATE BILL 26-144
BY SENATOR(S) Frizell and Lindstedt, Kipp, Marchman, Roberts, Snyder,
Coleman;
also REPRESENTATIVE(S) Winter T. and Camacho, Caldwell, Duran,
Weinberg, McCluskie.
CONCERNING THE COLLECTION OF DELINQUENT PROPERTY TAXES BY TAX
LIEN SALE, AND, IN CONNECTION THEREWITH, MODIFYING THE
STRUCTURE AND AUTHORITY FOR TREASURERS TO CHARGE CERTAIN
FEES, AMENDING THE PROCESS FOR THE SALE OF TAX LIENS, AND
REPEALING AND REENACTING WITH AMENDMENTS THE PROCESS FOR
OBTAINING A TREASURER'S DEED AFTER PUBLIC AUCTION OF A
PROPERTY SUBJECT TO TAX LIEN.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-21-403, add (2.5)
as follows:
24-21-403. Core goals -powers and duties - rules.
(2.5) THE SURCHARGE DESCRIBED IN SUBSECTION (2) OF THIS
SECTION IS NOT APPLICABLE ON ANY DOCUMENT FILED OR RECORDED BY THE
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
COUNTY CLERK AND RECORDER IF THE DOCUMENT IS EXEMPTED FROM FEES
PURSUANT TO SECTION 30-1-103 ( 1 ).
SECTION 2. In Colorado Revised Statutes, 30-1-102, amend (1)
introductory portion, (1 )(i), (1 )(1), (1 )(n), (1 )(r); repeal (1 )(k) and (1 )(t); and
add (l)(u), (1.7), and (4) as follows:
30-1-102. Fees of county treasurer -repeal.
(1) EXCEPT AS PROVIDED IN SUBSECTION (1.7) OF THIS SECTION, the
county treasurer shall charge and receive the following fees:
(i) For each certificate of purchase delivered, four FROM A TAX LIEN
SALE, FIVE dollars;
(k) For prneessing an application fur treasurer's deed, thirey-five
dollars if the application is not advertised and seventy-five dollars if the
application is advertised,
(1) For the assignment of a certificate of purchase, made to the
county, city, town, or city and county at any tax sale, to a person desiring to
purchase land PROPERTY covered by such certificate, fottr FIVE dollars;
(n) For each certificate of redemption delivered, seven TEN dollars;
(r) For preparation of a distraint warrant, fifteen dollars AND FOR
DELIVERY OF A DISTRAINT WARRANT OR POSTING OF A PROPERTY, FIFTY
DOLLARS, PLUS MILEAGE OR THE ACTUAL COST OF DELIVERY OR POSTING,
WHICHEVER IS GREATER;
(t) For the notice, computation, and recording provided in section
32-1-1604, C.R.S., thirty dollars.
(u) FOR EACH COPY OF A RECEIPT ISSUED FORA PRIOR TAX YEAR, NO
MORE THAN FIVE DOLLARS.
(1.7) (a) THE COUNTY TREASURER IS ENTITLED TO CHARGE AND
RECEIVE THE FOLLOWING FEES IN ADMINISTERING ARTICLE 11.5 OFTITLE39:
(I) FOR PROCESSING AN APPLICATION FOR A TREASURER'S DEED,
PAGE 2-SENATE BILL 26-144
THREE HUNDRED DOLLARS;
(II) FOR PROCESSING AN ASSIGNMENT OF A CERTIFICATE OF
PURCHASE, NO MORE THAN TWENTY-FIVE DOLLARS;
(111) FOR ACCEPTING AND FILING AN INTENT TO REPURCHASE FROM
A LAWFUL HOLDER IN A PUBLIC AUCTION, ONE HUNDRED DOLLARS;
(IV) FOR PROCESSING A NOTICE OF INTENT TO REDEEM, NO MORE
THAN TWENTY-FIVE DOLLARS;
(V) FOR PROCESSING AND ISSUING A CERTIFICATE OF REDEMPTION,
THIRTY DOLLARS;
(VI) FOR THE ISSUANCE OF A TREASURER'S DEED, SIXTY DOLLARS;
(VII) FOR PROCESSING A WITHDRAWAL OF AN APPLICATION FOR
TREASURER'S DEED, SEVENTY DOLLARS;
(VIII) FOR PROCESSING AN ADMINISTRATIVE WITHDRAWAL, ONE
HUNDRED DOLLARS;
(IX) FOR PROCESSING A RESCISSION OF PUBLIC AUCTION, ONE
HUNDRED DOLLARS;
(X) FOR RECOMMENCING A PUBLIC AUCTION HELD IN VIOLATION OF
AN AUTOMATIC STAY, ONE HUNDRED DOLLARS;
(XI) FOR RECOMMENCING A PUBLIC AUCTION AFTER A BANKRUPTCY
PROCEEDING WHERE PUBLICATIONS WERE NOT COMPLETE, ONE HUNDRED
FIFTY DOLLARS;
(XII) FOR RECOMMENCING A PUBLIC AUCTION AFTER SET ASIDE, ONE
HUNDRED DOLLARS;
(XIII) FOR ISSUING A CERTIFICATE OF LAWFUL HOLDER REPURCHASE,
SIXTY DOLLARS; AND
(XIV) FOR PROCESSING A PUBLIC AUCTION, IF THE HOLDER OF A
CERTIFICATE OF OPTION FOR A TREASURER'S DEED IS NOT THE LAWFUL
PAGE 3-SENATE BILL 26-144
HOLDER, NO MORE THAN THREE HUNDRED DOLLARS.
(b) THE COUNTY TREASURER MAY CHARGE A LESSER FEE THAN IS SET
FORTH IN SUBSECTION (1.7)(a) OF THIS SECTION, WHEN THE VALUATION FOR
ASSESSMENT FOR THE PROPERTY SUBJECT TO PUBLIC AUCTION, AS
DETERMINED AT THE TIME OF RECORDING THE APPLICATION FOR PUBLIC
AUCTION, IS LESS THAN FIVE HUNDRED DOLLARS, OR IF THE PROPERTY IS A
MOBILE HOME, MANUFACTURED HOME, MODULAR HOME, OR TINY HOME.
( 4) (a) ON OR BEFORE DECEMBER 31, 2026, AND BY DECEMBER 31
OF EVERY SECOND YEAR THEREAFTER, THE DIRECTOR OF RESEARCH OF THE
LEGISLATIVECOUNCILAPPOINTEDPURSUANTTOSECTION2-3-304(l)SHALL
ADJUST THE MAXIMUM DOLLAR AMOUNT OF THE FEES THAT MAY BE
CHARGED BY A COUNTY TREASURER PURSUANT TO SUBSECTIONS (1) AND
(l.7)0FTHIS SECTION, EFFECTIVE JANUARY 1, 2027, AND ON JANUARY 1 OF
EVERY SECOND YEAR THEREAFTER, IN ACCORDANCE WITH THE PERCENTAGE
CHANGE OVER THE PERIOD IN THE UNITED STATES DEPARTMENT OF LABOR,
BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX, OR A SUCCESSOR
INDEX, FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY
URBAN CONSUMERS AND POST THE ADJUSTED MAXIMUM ALLOWABLE FEE
AMOUNTS, ROUNDED UPWARD TO THE NEAREST WHOLE DOLLAR, ON THE
GENERAL ASSEMBLY'S WEBSITE.
(b) ON JANUARY 1, 2027, AND ON JANUARY 1 OF EVERY SECOND
YEAR THEREAFTER, EACH COUNTY TREASURER SHALL POST THE ADJUSTED
FEE AMOUNTS ESTABLISHED BY THE DIRECTOR OF RESEARCH OF THE
LEGISLATIVECOUNCILPURSUANTTO SUBSECTION ( 4)(a) OF THIS SECTION ON
THE COUNTY'S WEBSITE.
SECTION 3. In Colorado Revised Statutes, 30-1-103, amend (3)
as follows:
30-1-103. Fees of county clerk and recorders -report -repeal.
(3) (a) County governments shall be exempt from all fees authorized
to be collected under the provisions of this section whenever the county or
any agency thereof is the grantor or grantee of the document being recorded
or whenever a delegate child support enforcement unit files or records
documents for the purpose of collecting child support, child support arrears,
maintenance, maintenance when combined with child support, retroactive
PAGE 4-SENATE BILL 26-144
support, or child support debt.
(b) SURCHARGES ARE NOT APPLICABLE BY THE CLERK AND
RECORDER IF THE DOCUMENT IS EXEMPTED FROM RECORDING OR FILING
FEES.
SECTION 4. In Colorado Revised Statutes, 39-10-114, amend
(2)(b) as follows:
39-10-114. Abatement- cancellation of taxes.
(2) (b) When any real property has been stricken off to a county by
virtue of a tax LIEN sale and there has been no transfer by the county of a
certificate of purchase thereon, the TREASURER MA y DETERMINE THE taxes
on such property may be determined to be ARE uncollectible after a period
of six FIVE years from the date of THE TAXES becoming delinquent, and they
nray be canceled by the board of county commissioners MAY CANCEL THE
TAXES. Sttch THE cancellation of the taxes on a property shall not affect the
rights of the county under article 11 of this title TITLE 39 to subsequently
transfer any tax sale certificate OF PURCHASE nor its-THE COUNTY'S right to
receive a tax TREASURER'S deed UNDER ARTICLE 11.5 OF THIS TITLE 39 and
to exercise its rights thereunder with respect to such THE property FOR
WHICH TAXES ARE CANCELLED BY THE BOARD OF COUNTY COMMISSIONERS.
SECTION 5. In Colorado Revised Statutes, 30-10-421, add (1.6)
as follows:
30-10-421. Filing surcharge.
(1.6) THE SURCHARGE DESCRIBED IN SUBSECTION (1) OF THIS
SECTION IS NOT APPLICABLE ON ANY DOCUMENT FILED OR RECORDED BY THE
COUNTY CLERK AND RECORDER IF THE DOCUMENT IS EXEMPTED FROM FEES
PURSUANT TO SECTION 30-1-103(1).
SECTION 6. In Colorado Revised Statutes, 39-11-100.3, amend
(1), (2), and (4); and add (2.5), (2.7), and (5) as follows:
39-11-100.3. Definitions.
As used in this article, unless the context othe1wise requires:
PAGE 5-SENATE BILL 26-144
( 1) "Date of sale" means the date on which a public auction begins
TAX LIEN SALE ENDS.
(2) "Electronic funds transfer" means a transfer of funds initiated by
using an electronic terminal, telephonic instrument, or computer or
magnetic tape to order or authorize a financial institution to credit or debit
an account MEANS, INCLUDING AUTOMATED CLEARING HOUSE, CREDIT OR
DEBIT CARD, OR WIRE TRANSFER. "Electronic funds transfer" does not
include a transaction originated by check, draft, or similar paper instrument.
(2.5) "IMMEDIATE FAMILY" MEANS A SPOUSE, PARENT,
GRANDPARENT, CHILD, GRANDCHILD, OR SIBLING OF AN INDIVIDUAL AND
INCLUDES A SPOUSE OF ANY IMMEDIATE FAMILY MEMBER.
(2.7) "INVESTOR" MEANS AN INDIVIDUAL, BUSINESS ENTITY, TRUST,
OR OTHER ENTITY THAT MAY PURCHASE A TAX LIEN ON PROPERTY AT A TAX
LIEN SALE.
(4) "Public auction" nreans the sale oflands or town lots under this
article at a venue or through a medium that allows menrbers of the public
to bid and purchase the lands or town lots. "PROPERTY" OR "PROPERTIES"
MEANS LANDS OR TOWN LOTS THAT MAY BE SUBJECT TO A TAX LIEN,
INCLUDING REAL PROPERTY, MANUFACTURED HOMES, MOBILE HOMES,
MODULAR HOMES, TINY HOMES, OR SEVERED MINERALS OR MINING CLAIMS.
(5) "TAX LIEN SALE" OR "SALE" MEANS A PUBLIC SALE CONDUCTED
BYTHECOUNTYTREASURERPURSUANTTOTHISARTICLE 11 AT WHICH A TAX
LIEN FOR DELINQUENT PROPERTY TAXES IS SOLD AND A CERTIFICATE OF
PURCHASE IS ISSUED TO THE SUCCESSFUL BIDDER.
SECTION 7. In Colorado Revised Statutes, amend 39-11-101 as
follows:
39-11-101. Notice to delinquent owner.
The treasurer shall make a list of all lands and town lots PROPERTY
the tax liens on which are subject to TAX LIEN sale, describing such land and
town lots PROPERTY as the same are IS described on the tax roll. Except as
otherwise provided in section 39-2-117 (l)(a), no later than September 1 of
each year, the treasurer shall send a notice by FIRST CLASS mail, at TO the
PAGE 6-SENATE BILL 26-144
person's last-known MAILING address, to each person by whom taxes for the
previous year are known to be due and unpaid. The notice shall MUST
indicate the amount of the person's delinquency and state that if the amount
of the delinquency is not paid by the date specified in the notice, which
shall not be less than fifteen CALENDAR days from the date of mailing of the
notice, the treasurer will advertise and sell a tax lien on the person's
property on the date specified in the notice at pub lie ttuetion TAX LIEN SALE
for the delinquent taxes, interest, and applicable fees. If such list is not
made until after September 1, the TAX LIEN sale held thereunder shall not be
void by reason thereof.
SECTION 8. In Colorado Revised Statutes, 39-11-102, amend (2);
and repeal (3) as follows:
39-11-102. Treasurer to publish and post notice.
(2) The notice of TAX LIEN sale at public auction shalt MUST contain:
(a) A description of the lands and town lots PROPERTIES on which
the tax liens are subject to sale;
(b) The date, time, and place of the tax lien sale, including the
electronic address if the public auction TAX LIEN SALE is conducted by
means of the internet or other electronic medium;
( c) The location of computer workstations that are available to the
public and information about how to obtain instructions on accessing the
public auction TAX LIEN SALE and submitting bids if the public auction TAX
LIEN SALE is conducted by means of the internet or other electronic medium;
and
( d) If the public auction TAX LIEN SALE is conducted by means of the
internet or other electronic medium, a statement that the bidding rules for
the public auction TAX LIEN SALE will be posted on the internet or other
electronic medium used to conduct the public auction TAX LIEN SALE at least
two weeks before the date of sale.
(3) (a) Publication in a newspaper under subsection (1) of this
section is not r equiI ed f-or a mobile home if.
PAGE 7-SENATE BILL 26-144
(I) A distraint wan ant has been delivered to the owner of the mobile
home or to his or her agent in aecor dance with section 3 9-10-111. 5 (3), and
(II) The county treasurer publishes the notice described in
subsection (2) of this section on the treasurer's website.
(b) For purposes of this section, "mobile home" includes a
manufactured home.
SECTION 9. In Colorado Revised Statutes, 39-11-104, amend (1)
as follows:
39-11-104. Publisher's affidavit -form.
(1) Every publisher or printer who publishes such list and notice,
immediately after the last publication thereof, shall transmit to the treasurer
of the proper county an affidavit of such publication made by such
publisher, printer, or some other person to whom the fact of publication is
known, and no publisher or printer shalt MAY be paid for such publication
if he THE PUBLISHER OR PRINTER fails to transmit such affidavit within
fourteen CALENDAR days after the last publication.
SECTION 10. In Colorado Revised Statutes, amend 39-11-106 as
follows:
39-11-106. Advertising and tax lien sale fees.
(1) To the amount of delinquent taxes there shat! MUST be added a
fee to cover the cost of advertising, as provided in section 30-1-102. C.R.S.
If the public auction TAX LIEN SALE is conducted by means of the internet
or other electronic medium, the treasurer may add a fee to cover the cost of
conducting the public auction TAX LIEN SALE.
(2) The treasurer of each county shall deliver his THE TREASURER'S
list of all lots or tr acts of land PROPERTY for which tax liens are to be
advertised for sale to the pubiisher or printer at least ten CALENDAR days
before the date of the first publication.
SECTION 11. In Colorado Revised Statutes, amend 39-11-107 as
follows:
PAGE 8-SENATE BILL 26-144
39-11-107. Erroneous assessments -abatement.
It is the duty of the treasurer of each county, before making sale of
tax liens on any lots ot land PROPERTY for unpaid taxes, to carefully
examine and compare the delinquent list with the assessment roll and block
books in his THE TREASUR E R'S office, and to omit from such sale the tax
liens on all lots and lands PROPERTY doubly or erroneously assessed, insofar
as he THE TREASURER is able to ascertain the same, and to make an itemized
report to the board of county commissioners of his THE county showing
such double or erroneous assessment. The board of county commissioners,
on receipt of such itemized report, by resolution to be entered in its
proceedings, shall abate the taxes levied upon such double or erroneous
assessments.
SECTION 12. In Colorado Revised Statutes, amend 39-11-108 as
follows:
39-11-108. Manner of conducting tax lien sale -definitions.
( 1) On the day designated in the notice of sale, the treasurer shall
commence the public auction SALE of the tax liens on those lands and town
mts PROPERTIES on which the taxes, interest, and fees have not been paid
and shall continue the same from day to day, Saturdays and Sundays
excepted, until the tax liens on each parcel are sold. Where two or more tots
ot tracts of land PROPERTIES are valued and assessed as one parcel, the
treasurer shall sell a single tax lien on such land ot tract PROPERTIES. The
public auction shall TAX LIEN SALE MUST be held at the treasurer's office or
at another location in the county designated by the treasurer, and all tands
and town lots PROPERTIES offered at the public auction SALE on the same
date of sale shaft MUST be offered for public auction SALE at the same
location; except that the public auction SALE may be conducted by means
of the internet or other electronic medium.
(2) A public auction TAX LIEN SALE conducted by means of the
internet or other electronic medium to sell lands and town lots PROPERTY
under this article shall ARTICLE 11 MUST allow members of the public to
submit bids by computer and pennit the treasurer to accept bids for as long
as the treasurer deems necessary. The county and its employees acting in
their official capacity in preparing, conducting, and executing a TAX LIEN
sale of lands and town lots PROPERTY under this article ARTICLE 11 are not
PAGE 9-SENATE BILL 26-144
liable for the failure of a device that prevents a person from participating in
a sale under this anicle ARTICLE 11. As used in this subsection (2), "device"
includes, but is not limited to, computer hardware, a computer network, a
computer software application, and an internet website.
(3) If there is no bid for any tax lien offered, the offering of such tax
lien shalt MUST remain open until all the tax liens are offered for sale and
the sale is ended or until the treasurer is satisfied that no more sales can be
effected, whereupon it is the treasurer's duty to strike off to the county, city,
town, or city and county the tax liens on those lands and town lots
PROPERTIES remaining unsold, for the amount of such taxes, delinquent
interest, and fees thereon. When the treasurer strikes off a tax lien on any
tract of land or town lot PROPERTY, the treasurer shall issue to the county,
city, town, or city and county a certificate of purchase. No taxes levied
against any lands PROPERTIES for which a county has purchased a tax lien
under the provisions of this section shall be ARE payable until the same have
been derived by the county from the sale of a tax lien on such lands
PROPERTIES or from the redemption of such lands PROPERTIES.
SECTION 13. In Colorado Revised Statutes, amend 39-11-109 as
follows:
39-11-109. Time of tax lien sale.
The public auction SALE of tax liens on lands PROPERTY upon which
taxes remain delinquent shalt MUST commence on or before the second
Monday in December of each year.
SECTION 14. In Colorado Revised Statutes, amend 39-11-110 as
follows:
39-11-110. When tax lien sale can be held.
If, from any cause, the tax lien on real property cannot be duly
advertised and offered for sale at public auction on or before the second
Monday of December, it is the duty of the treasurer to SHALL hold the public
auction TAX LIEN SALE on any subsequent day in which it can be held,
allowing time for the publication of notice as provided in section
39-11-102.
PAGE IO-SENATE BILL 26-144
SECTION 15. In Colorado Revised Statutes, amend 39-11-111 as
follows:
39-11-111. Method of payment.
When the treasurer sells any tax lien on any lands OI lots PROPERTY
for delinquent taxes, the treasurer may accept payment of the purchase price
in the form of cash, negotiable papet' BANK CHECK, POST OFFICE MONEY
ORDER, CASHIER'S CHECK, or electronic funds transfer, subject to the
treasurer's bidding rules.
SECTION 16. In Colorado Revised Statutes, amend 39-11-112 as
follows:
39-11-112. Erroneous name or assessment in wrong county -
effect.
(1) When tax liens on any lands 01 town lots PROPERTIES are offered
for sale for any delinquent taxes, it shalt IS not be necessary to sell the same
as the property of any person. No sale of any tax lien on any land 01 town
ftrts PROPERTY for delinquent taxes shall be IS considered invalid because
charged on the roll in any other name than that of the rightful owner, or
charged as unknown; but the tax lien and such land 01 lots PROPERTY in
other respects shalt MUST be sufficiently described on the tax roll to identify
the same, and the taxes for such land OI lots shall PROPERTY MUST be due
and unpaid at the time of sueh THE TAX LIEN sale.
(2) When any land PROPERTY lying in one county is erroneously
taxed and a tax lien on such land PROPERTY is sold for delinquent taxes in
another county, the county so erroneously taxing and selling a tax lien on
such land PROPERTY for delinquent taxes shall be IS liable to the owner of
such land THE PROPERTY for any expense or damage caused to such owner
by sueh THE erroneous TAX LIEN sale.
SECTION 17. In Colorado Revised Statutes, amend 39-11-113 as
follows:
39-11-113. Abbreviations, letters, and figures may be used.
In all advertisements for the sale of tax liens on real property for
PAGE 11-SENATE BILL 26-144
delinquent taxes and in entries required to be made by the assessor, county
clerk and recorder, treasurer, or other officers in lists, books, rolls,
certificates, receipts, deeds, or notices, letters, figures, and abbreviations
may be used to denote townships, ranges, sections, parts of sections, lots,
blocks, dates and amounts of taxes, delinquent interest, and costs.
SECTION 18. In Colorado Revised Statutes, 39-11-114, amend (1)
introductory portion, (l)(b), and (2); and repeal (l)(h), (l)(i), (l)U), and (3)
as follows:
39-11-114. Record of sales of tax liens on property.
(1) The treasurer shall make a correct record of all sales of tax liens
on real estate PROPERTY for delinquent taxes in a well-bound book or other
permanent record to be kept by the treasurer for that purpose. Said book
shaft MUST contain:
(b) The deseription ofeaeh traet of land or town lot for whieh a tax
lien is sold A DESCRIPTION OF THE PROPERTY ON WHICH THE TAX LIENS ARE
SUBJECT TO SALE;
(h) The name of person redeeming and date of redemption;
(i) '.fhe-total amount paid for redemption,
U) The name of person to whom eonveyed and date of deed.
(2) The treasurer shall also note in the tax list, opposite the
description of the property for which a tax lien is sold, the fact and date of
Stteh THE TAX LIEN sale.
(3) (a) Upon r eeor dation of the tax sale, the tr easm er shall also make
a separate list of all nrobile homes for whieh tax liens are sold at the sale
and file sueh list with the department of revenue. Sueh list shall inelude the
mobile home's identifieation number, year and make, par eel number, and all
pertinent tax sale information. For maintaining this reeorded tax sale
information on mobile homes, the exeeutive diteetor of the department of
revenue may impose a fee of five dollars whieh shall beeome part of the
mobile home tax sale redemption eost.
PAGE 12-SENATE BILL 26-144
(b) Notwithstanding the amount specified f-or the fee in this section,
the executive director of the department of revenue by rule or as other wise
provided by law may reduce the amount of the fee if necessary pmsuant to
section 24-75-402 (3), C.R.S., to reduce the unconmritted reserves of the
fund to which all or any portion of the fee is credited. After the
uncommitted r eser v es of the fund arc sufficiently reduced, the executive
director by rule or as otherwise provided by law may increase the amount
of the fee as provided in section 24-75-402 (4), C.R.S.
SECTION 19. In Colorado Revised Statutes, 39-11-115, amend
(1), (2) introductory portion, and (4) as follows:
39-11-115. To whom tax lien shall be sold.
( 1) When the taxes levied for the preceding year or years on any
lands PROPERTIES remain unpaid, the tax liens on such lands offered at
public auction PROPERTIES OFFERED AT TAX LIEN SALE at the times provided
by law shaH MUST be sold to the persons who pay therefor the taxes,
delinquent interest, and fees then due thereon or who further pay the largest
amount in excess of said taxes, delinquent interest, and fees. The excess
amount shaH MUST be credited to the county general fund. Each tax lien
shaH MUST be sold for an entire piece of property. The taxes, delinquent
interest, and fees shaH draw interest at the rates fixed by law, and, when the
tax liens on any lands PROPERTIES are bid in by the county, city, town, or
city and county, the amount for which they are bid in shalt draw interest at
the same rates. Real Property for which a tax lien is sold may be redeemed
in the manner provided by law.
(2) In order that the public auction TAX LIEN SALE may be conducted
in an efficient and equitable manner, the treasurer is hereby granted broad
powers to set bidding rules governing the public auction TAX LIEN SALE.
Such powers shaH include, but need not be ARE NOT limited to, the
following:
( 4) The treasurer shall announce bidding rules at the beginning of
the public auction TAX LIEN SALE, and the rules announced shaH apply to all
bidders throughout the public auction SALE. If the public auction TAX LIEN
SALE is conducted by means of the internet or other electronic medium, the
treasurer shall -cause POST the internet bidding rules to be posted on the
medium for at least two weeks before the date of sale. The internet bidding
PAGE 13-SENATE BILL 26-144
rules posted shalt apply to all bidders throughout the public auction SALE.
SECTION 20. In Colorado Revised Statutes, amend 39-11-116 as
follows:
39-11-116. Procedure when purchaser fails to pay.
If a person bidding fails to pay the amount due, the treasurer may
again offer the tax lien on such land PROPERTY for sale if the public auction
TAX LIEN SALE has not closed, and, if it THE SALE has closed, the treasurer
may again advertise it specially in the same manner as in the original
advertisement and for not less than one week, after which the treasurer may
again offer and sell the tax liens on such lands or lots THE PROPERTY as
provided in section 3 9-11-115; or at the treasurer's option, the treasurer may
recover the amount bid by civil action brought in the name of the county in
any court of competent jurisdiction. In a public auction TAX LIEN SALE
conducted by means of the internet or other electronic medium, if a person
bidding fails to pay the amount due, the treasurer may offer the tax lien,
without additional advertisement, to another bidder, whether or not the
public auction TAX LIEN SALE has closed; or at the treasurer's option, the
treasurer may recover the amount bid by civil action brought in the name of
the county in any court of competent jurisdiction. The treasurer may
prohibit a person who fails to pay the amount due from bidding on sales
under this article for up to five years.
SECTION 21. In Colorado Revised Statutes, amend 39-11-117 as
follows:
39-11-117. Certificate of purchase.
The treasurer shall prepare, sign, and retain for safekeeping or
deliver to the purchaser of a tax lien on any real property sold for the
payment of delinquent taxes a certificate of purchase describing the
property on which the taxes and fees were paid by the purchaser, as the
same PROPERTY was described in the record of sales, and also stating the
rate of interest and the total amount of all taxes, delinquent interest, and
fees on each tract or lot PROPERTY for which the tax lien was sold, as
described in the record of sales, and that payment thereof has been made,
with columns for subsequent taxes. For each certificate so delivered, the
purchaser shall pay a fee to the treasurer as provided in section 30-1-102.
PAGE 14-SENATE BILL 26-144
C.R.S.
SECTION 22. In Colorado Revised Statutes, amend 39-11-119 as
follows:
39-11-119. Subsequent payment by holder.
Any person desiring to pay any subsequent taxes on any lands 01
town lots PROPERTIES for which sueh THE person holds the tax certificates
OF PURCHASE shall produce such certificates to the treasurer, or, if
certificates are retained by the treasurer, the TREASURER SHALL NOTIFY THE
person shall be notified by the treasurer of the amount due. Upon receipt of
payment, the treasurer shall record the amount of the subsequent tax and the
date of payment on the permanent record. The treasurer may receive a fee
for such services, as provided in section 30-1-102 (l)U). C.R.S.
SECTION 23. In Colorado Revised Statutes, amend 39-11-120 as
follows:
39-11-120. Certificate of purchase -application for tax lien for
treasurer's deed - lost or wrongfully withheld -county held.
(1) Def-ore July l, 2024, any time after the expiration of the term of
tht ee years-fr om the date of the sale of any tax lien 011 any land, or inter est
therein m improvenrents thereon, f-ot delinquent taxes, on demand of the
purchaser or lawful holder of the certificate ofsueh tax lien, other than the
county wherein such property is situated, and on presentation of such
certificate of purc~ase or properly authenticated order of the board of
county commissioners, where the certificate has been lost or wrongfully
~ithheld frnm the owner, and upon proof of compliance with section
39-11-128, the t1easme1 shall make out a deed f-or each such lot, parcel,
interest, m inrprovement f-or which a tax lien was sold and which renrains
unredeemed and deliver the same to such put chaser or lawful holder of such
certificate or order.
(2) The t1easu1e1 shall be entitled to a fee f-ot each such deed made
and acknowledged by him and a fee f-or the acknowledgment thereof, as
provided in section 30-1-102, C.R.S.
(3) Whenever any certificate given by the treasurer for a tax lien on
PAGE IS-SENATE BILL 26-144
any land, interest, or improvement PROPERTY sold for delinquent taxes is
lost or wrongfully withheld from the rightful owner thereof and such land,
interest, or improvement THE PROPERTY has not been redeemed, the board
of county commissioners may receive evidence of such THE loss or
wrongful detention and, upon satisfactory proof of such fact, may cause a
certificate of such proof and finding, properly attested by the county clerk
and recorder under the seal of the county, to be delivered to stteh THE
rightful claimant, and THE COUNTY CLERK AND RECORDER SHALL DUL y
MAKE a record thereof shall be duly made by the county clerk and recorder
in the recorded proceedings of s-ueh THE board.
(4) Defore July 1, 2024, Whenever any tax lien on any lot 01 parcel
of land, interest therein, or improvement thereon PROPERTY is bid in by or
for the county, city, town, or city and county at any tax LIEN sale, and a
certificate of purchase is made to stteh THE county, city, town, or city and
county therefor, the treasurer of such THE county, city, town, or city and
county may sell, assign, and deliver any stteh THE certificate to any person
who desires to purchase the same upon payment to the treasurer of the
amount for which said tax lien was bid in by the county, city, town, or city
and county with interest and costs accrued thereon from the date of sale,
together with a fee for making such assignment, as provided in section
30-1-102, and the taxes assessed thereon since the date of such THE TAX
LIEN sale or, in case of a county, city, town, or city and county, for stteh THE
sum as the board of county commissioners or other board authorized to
perform the duties of a board of county commissioners at any regular or
special meeting may decide and authorize by order duly entered in the
recorded proceedings of such THE board. Before July 1, 2024, whenever any
tax lien on any lot or par eel of land, inter est therein, or improvement
thereon is bid in by or fur a eity, town, or city and county, as the case may
be, such city, town, or city and county shall be entitled to a deed, as
provided fur purchasers at tax sales.
SECTION 24. In Colorado Revised Statutes, amend 39-11-122 as
follows:
39-11-122. Transfer of certificates of purchase by counties.
Any county in this state having in its possession or under its control
certificates of purchase resulting from the sale of a tax lien on land
PROPERTY for the nonpayment of general taxes may assign, sell, or transfer
PAGE 16-SENATE BILL 26-144
sueh THOSE certificates OF PURCHASE in such manner, at such times, and on
such terms as may be determined by resolution of the board of county
commissioners of sueh THE county. Thereafter sueh THE county shalt MUST
execute and deliver sueh THE instruments as may be necessary TO fully to
convey all of the tight, title, and interest of the county in or to sueh THE
certificates but no sale of any certificate of pm chase issued upon any t cal
estate upon which taxes in excess often thousand dolhtts ate then due shall
be valid unless and until the sale of said certificate and the tet ms of said
sale ate apprn v ed by the adnrinistrntrn aftet notice ofsaid prnposed sale and
the tetms theteofhave been published in at least one issue of a newspapet
published tegulatly in the county whete said teal estate is located, m if no
newspapet is published in said county, then by posting notice of said
prnposed sale and the tetms theteofat the county eomthouse and two other
public places in said county OF PURCHASE.
SECTION 25. In Colorado Revised Statutes, amend 39-11-123 as
follows:
39-11-123. Transfer of certificates of purchase - irrigation or
drainage district taxes.
Any county in this state having in its possession or under its control
certificates of purchase resulting from the sale of a tax lien on land
PROPERTY for the nonpayment of irrigation or drainage district taxes or
assessments, by agreement with the board of directors of the district
involved, may assign seH; or transfer such THOSE certificates OF PURCHASE
as provided in section 39-11-122.
SECTION 26. In Colorado Revised Statutes, amend 39-11-125 as
follows:
39-11-125. Disposal of certificates of purchase by districts.
Any iITigation or drainage district in this state having in its
possession or under its control certificates of purchase resulting from the
sale of a tax lien on land PROPERTY for the nonpayment of iITigation or
drainage district taxes or assessments may assign, sell, or transfer stteh
THOSE certificates OF PURCHASE in such manner, at such times, and on such
terms as may be determined by resolution adopted by the board of directors
of such THE district, and thereupon stteh THE district shall execute and
PAGE 17-SENATE BILL 26-144
deliver such instruments as may be necessary TO fully to convey all of-its
right, title, and interest in or to SttCh THOSE certificates OF PURCHASE.
SECTION 27. In Colorado Revised Statutes, amend 39-11-126 as
follows:
39-11-126. Agreement with county commissioners.
Any irrigation or drainage district having in its possession or under
its control certificates of purchase resulting from the sale of a tax lien on
land PROPERTY for the nonpayment of general taxes may, by agreement with
the board of county commissioners of the county in which the tand
PROPERTY is situated, assign sell; or transfer SttCh THOSE certificates OF
PURCHASE as provided in section 39-11-125.
SECTION 28. In Colorado Revised Statutes, amend 39-11-128 as
follows:
39-11-128. Condition precedent to deed -notice.
(1) Befoie July 1, 2024, Before any pmchaseI LAWFUL HOLDER OF
A CERTIFICATE OF PURCHASE, or assignee of SttCh pmchaseI A LAWFUL
HOLDER of a CERTIFICATE OF PURCHASE FOR A tax lien on any land, town OI
city lot, or mining clainr PROPERTY sold for taxes or special assessments due
either to the state or any county or incorporated town or city within the same
at any sale of tax liens for delinquent taxes levied or assessments authorized
by law is entitled to a deed for the land; lot, OI claim so pmchased, he
PROPERTY SUBJECT TO THE TAX LIEN, THE LAWFUL HOLDER OR THE LAWFUL
HOLDER'S ASSIGNEE shall make I equest upon FILE WITH the treasurer who AN
APPLICATION FOR A TREASURER'S DEED. UPON RECEIPT OF AN APPLICATION
FOR A TREASURER'S DEED, THE TREASURER shall then comply with the
follo"vving: PROCEDURES SET FORTH IN ARTICLE 11.5 OF THIS TITLE 39.
(a) The tr easm eI shall set v e oI cause to be set v ed, by personal
seI vice or by either Iegistered OI certified mail, a notice of such pm chase on
every person in actual possession or occupancy of such land, lot, or claim,
and also on the person in whose name the sanre was taxed OI specially
assessed if, upon diligent inquiry, such person can be found in the county
OI if his residence outside the county is known, and upon all persons having
an inter est or title-of record in or to the same if, upon diligent inquiry, the
PAGE 18-SENATE BILL 26-144
residence of such per sons can be deter mined, not more than five months nor
less than three months before the time of issuance of such deed. In such
notice the treasmer shall state when the applicant or his assignor pm chased
the tax lien on such land, lot, or claim, in whose name such property was
taxed, the description of the land, lot, or claim for which a tax lien was
purchased, for what year taxed or specially assessed, and when the tirne of
redemption will expire or when the tax deed shall be issued.
(b) In all cases or instances whet e the valuation for assessmertt of
the property is five hundred dollars or more, the tr easm er shall publish such
notice, three times, at inter v als of one week, in. some daily, weekly, or
semiweekly newspaper published in such county, not mm e than five months
nor less than three months before the time at which the tax deed may issue,
and he shall send by registered or certified mail a copy of such notice to
each person not found to be set ved whose address is known or can be
determined upon diligettt inquiry. If no such newspaper is published in the
county, then said notice shall be published in the newspaper that is
published in Colorado nearest the county seat of the county in which such
land, lot, or clairn is situated. The purchaser or assignee, at the time of
making such I equest for notification on the tr easm er, shall pay to the
treasmer a fee, as provided in section 30-1-102, C.R.S. The treasurer shall
make and carefully preset ve among the files of his office a record of alt
things done in compliance with this section and shall certify to the same.
(2) When request is made for a tax deed to lands situated wholly
within the exterior boundary lines of an irrigation district, the holder of tax
sale certificates of pm chase to such lands may include in one request or
demand for a tax deed all contiguous tracts for which he holds such
certificates of purchase. When all of such lands for which a tax deed is so
requested or demanded are unoccupied and no taxes have been paid
thereon, or upon any par eel of such lands embraced in such request or
demand, for five cottsecutive years prior to the making of such request or
demand, the only notice which the treasurer shall be required to give of the
fact that a request or demand for tax deed has been made upon him shall be
a notice ofpublication as provided in this section, in which as many tracts
or par eels ofland shall be described as ate embraced in any one dernand or
request for deed.
SE CTION 29. In Colorado Revised Statutes, repeal 39-11-129.
PAGE 19-SENATE BILL 26-144
SECTION 30. In Colorado Revised Statutes, repeal 39-11-130.
SECTION 31. In Colorado Revised Statutes, repeal 39-11-131.
SECTION 32. In Colorado Revised Statutes, repeal 39-11-133.
SECTION 33. In Colorado Revised Statutes, repeal 39-11-134.
SECTION 34. In Colorado Revised Statutes, repeal 39-11-135.
SECTION 35. In Colorado Revised Statutes, repeal 39-11-136.
SECTION 36. In Colorado Revised Statutes, repeal 39-11-137.
SECTION 37. In Colorado Revised Statutes, amend 39-11-138 as
follows:
39-11-138. When successor of treasurer shall act.
If any treasurer dies, resigns, or is removed from office or his THE
TREASURER'S term of office expires after selling any tax liens on any reat
estate PROPERTY for delinquent taxes and before executing a certificate OF
PURCHASE, CERTIFICATE OF OPTION FOR TREASURER'S DEED, or TREASURER'S
deed for the same, his THE TREASURER'S successor in office shall execute
sueh THE certificate OF PURCHASE, CERTIFICATE OF OPTION FOR TREASURER'S
DEED, or deed in the same manner that the treasurer making sueh THE TAX
LIEN sale might have done.
SECTION 38. In Colorado Revised Statutes, amend 39-11-139 as
follows:
39-11-139. Posting list of county-held tax liens and
county-acquired treasurer's deeds.
No later than the fifteenth day of January of each year, each county
treasurer shall deliver to the county clerk and recorder of the county
treasurer's county a list showing all tax certificates ther etofur e OF PURCHASE
issued and held in the name of the county and a list of all property the title
to which has been acquired by the county through issuance of a tax
TREASURER'S deed FOLLOWING PUBLIC AUCTION IN ACCORDANCE WITH
PAGE 20-SENA TE BILL 26-144
ARTICLE 11.5 OF THIS TITLE 39. A copy of such lists shall THE LIST
DESCRIBED IN THIS SECTION MUST be posted in a conspicuous place in the
courthouse for not less than thirty days.
SECTION 39. In Colorado Revised Statutes, amend 39-11-140 as
follows:
39-11-140. Treasurer's deed recorded - entry.
When any tax TREASURER'S deed is filed for record, the county clerk
and recorder shall also enter the name of the grantee in the proper column
of his THE record of land PROPERTY for which a tax lien was sold for
delinquent taxes.
SECTION 40. In Colorado Revised Statutes, amend 39-11-141 as
follows:
39-11-141. Action to determine validity of certificate of
purchase.
Whenever any county or city and county in this state holds tax sale
certificates OF PURCHASE which are believed by the board of county
commissioners to be void for irregularity in the assessment of property or
sale of a tax lien on property or otherwise, the board of county
commissioners of the county or city and county may institute an action in
the district court of the county, under the provisions of article 51 of title 13,
C.R.S., to have the matter determined as to whether said THOSE certificates
OF PURCHASE are void. Stteh THESE actions shaH: MUST be brought in the
name of the board of county commissioners. Any number of such
certificates OF PURCHASE may be included in one action, and the fee owners
of record of the tax liens on the lands PROPERTY on account of the sale of
which the certificates OF PURCHASE were issued shaH: MUST be made
defendants in the action. If any defendant is a nonresident of the state or
cannot be found, service of summons may be had upon such THAT
defendant in accordance with the provisions of rule 4 of the Colorado rules
of civil procedure. If the court, by its decree, finds and determines that any
such certificate OF PURCHASE is void, then the tax lien on the real estate
PROPERTY on account of the sale of which such THE certificate OF
PURCHASE was issued shaH: MUST be resold for taxes at the next succeeding
TAX LIEN sale for delinquent taxes; and if the irregularity on account of
PAGE 21-SENATE BILL 26-144
which sueh THE certificate OF PURCHASE was held void is in the assessment
of the property, then the board of county commissioners shall direct the
assessor to reassess the same CERTIFICATE OF PURCHASE, and, if the
delinquent taxes are not thereafter duly paid pursuant to sueh THAT
reassessment, the tax lien on Stteh THE property shalt MUST likewise be sold
at the next delinquent tax LIEN sale following such THE reassessment. No
appeal shall lie LIES from the final decree of the court in cases brought
under this section. No costs of the action shalt MAY be assessed against any
defendant who files a disclaimer or fails to appear in the action.
SECTION 41. In Colorado Revised Statutes, 39-11-142, amend
(1), (2), (4), (6)(a), (6)(c), (6)(d), (6)(e), and (7); and repeal (3) and (5) as
follows:
39-11-142. Disposition of certificates of purchase held by
counties.
(1) Before July 1, 2024, In cases where a tax lien on teal estate
PROPERTY has been struck off to the county at A tax sales LIEN SALE and the
county has held the certificate of sale PURCHASE for three years or more, the
board of county commissioners may apply for PUBLIC AUCTION FOR
TREASURER'S DEED and receive a tax TREASURER'S deed in Hke THE SAME
manner as is provided by law in the case of delinquent tax sale certificates
OF PURCHASE held by individuals. The board of county commissioners,
w hene vet the county becomes entitled to a tax deed, may cause the tr easm et
to issue, set ve, and publish notices, pursuant to law, of application fot such
tax deed in like manner as in the case of individual certificate holders
INVESTORS IN ACCORDANCE WITH ARTICLE 11.5 OF THIS TITLE 39.
(2) Before July 1, 2024, In cases where the county has held the tax
certificate OF PURCHASE for five THREE years or more and such t cal estate
THE PROPERTY is not located within the limits of any incorporated town or
city within the said county, the county may include in one request or
demand any or all separate parcels of teal estate PROPERTY for which it
holds tax sale certificates OF PURCHASE for TAX LIEN sales in any one year,
and the board of county commissioners may apply for PUBLIC AUCTION FOR
TREASURER'S DEED and receive tax TREASURER'S deeds therefor. Befot e July
1, 2024, in cases where the county has held the tax certificate fot eighty eats
and in the opinion of the board of county commissioners such teal estate is
not used, operated, or maintained wholly or in part in the ir1te1est 01 for the
PAGE 22-SENATE BILL 26-144
benefit of the public, said board shall apply for and receive a tax deed
therefor.
(3) Defore July 1, 2024, upon making application in the case of tax
certificates held by the counties for five years 01 mm e, the tr easm er shall
not be I equit ed to give the notice that a t equest or demand for tax deed has
been made upon hirn provided for in section 39-11-128. The treasurer, in
lieu of such notice, at least sixty days befot e the day said tax deed issues,
shall gi"Ve notice by registered 01 certified mail, addressed to the last-known
residence of the person in whose name the real estate is assessed for the
years during which said taxes ha\e not been paid, that a tax deed has been
applied fut on the particular des er ibcd pt operty and that said tax deed will
issue on a day certain. Defore July 1, 2024, the t1easmet shall also post in
a public place in the office of the tr ensurer and on the tr easm er 's w ebsitc,
at least sixty days before said deed issues, a notice stating that a deed will
be issued to the county on the real estate described in said notice. Said
notice shall contain the name ofthe person to whom the property is assessed
together with the date said tax deed will issue.
( 4) In all cases, the owner of the property shall MUST have the right
of redemption of the property as provided by law.
( 5) Any tax deed, when issued to the county, shall be duly I ecor ded,
but no fee shall be I cquir cd to be paid the1 efor. Thet eaftet, the board of
county commissioners shall list such property fut sale and post such list in
the county courthouse and, out of the county general fttnd, may make such
essential tepaits theteon and pay such ptemimns fut file insurance as are
necessary fut the pt otection and pt ese1 v ation of any improvements on such
prnperty. The boat d of county cmnmissioner s, after a county has acquit ed
such tax deed, in its discretion, may institute and pt osecute suits to quiet the
title to any such teal estate so acquired undet such tax deeds.
(6) (a) Defotc July 1, 2024, In all cases where a tax lien on real
property has been struck off to the county at a tax LIEN sale and the county
has held the certificate of sale PURCHASE for thirty FIVE years or more
without obtaining a tax TREASURER'S deed as provided in this section AND
ARTICLE 11.5 OF THIS TITLE 39, then such THE TREASURER SHALL DECLARE
THE certificate OF PURCHASE may be dcelar ed void and of no effect.
( c) Defo1 e July 1, 2024, Upon being presented with such THE list OF
PAGE 23-SENATE BILL 26-144
TAX LIENS, the board of county commissioners shall determine that the tax
liens were struck off to the county, that sueh THE certificates of sate
PURCHASE relating thereto have been held by the county for thirty FIVE years
or more, and that no tax TREASURER'S deed has been obtained or applied for
as provided in this section AND ARTICLE 11.5 OF THIS TITLE 39. Upon
making sueh THAT determination, the board of county commissioners may
declare that sueh THE certificates OF PURCHASE are void, and an order to that
effect shalt MUST be duly entered in the recorded proceedings of the board,
which order shalt MUST direct the treasurer to cancel such certificates of
sate PURCHASE.
( d) Upon receipt of an order OR RESOLUTION of the board of county
commissioners declaring that any certificates of sate PURCHASE are void, the
treasurer shall record said THAT order OR RESOLUTION in his THE PUBLIC
records and shall cancel all sueh certificates OF PURCHASE specified in said
THAT order.
( e) Any action concerning a determination and declaration by a
board of county commissioners made pursuant to this subsection ( 6) shalt
MUST be commenced within one year after the date of the board's order, or
said action shall be forever barred.
(7) It is the duty of The treasurer SHALL at least once each year to
prepare and present, at any regular or special meeting of the board of county
commissioners, a list of all tax liens on all rcat property struck off to the
county and all certificates of sate PURCHASE relating thereto, which
certificates OF PURCHASE have been held by the county for three years or
more without obtaining a TREASURER'S deed or being otherwise disposed of
under this article 11 or article 11.5 of this title 39.
SECTION 42. In Colorado Revised Statutes, 39-11-143, amend
(1), (2), (2.5), (3), (4), and (6) as follows:
39-11-143. Appraisal - county may retain, lease, or sell -
definitions.
( 1) Whenever rcat property is conveyed by a treasurer to the county
by tax TREASURER'S deed under section 39-11-142 ARTICLE 11.5 OF THIS
TITLE 39, the assessor shall annually value the same in the manner
prescribed by law for taxable property and shall notify the board of county
PAGE 24-SENATE BILL 26-144
commissioners of such valuation.
(2) The board of county commissioners has the power to retain for
public projects, rent, lease, or sell such real property as provided in this
section.
(2.5) If the board of county commissioners retains such real property
for a present or future public project, as defined in section 30-20-301 (2),
C.R.S., it shall pass a resolution describing the project for which the
property is retained. The board of county commissioners may rent or lease
any lot or parcel PROPERTY retained for a present or future public project in
accordance with subsection (3) of this section. For purposes of this section,
using property to generate revenue for the county is not a public project.
(3) The board of county commissioners may lease such real-property
to an affiliated entity, but no lease shall be for a period exceeding five years.
For purposes of this subsection (3), "affiliated entity" means a nonprofit
entity with which the county enters into a contract for the delivery of goods
or services to the county or to third parties on behalf of the county.
(4) (a) Any such real property that is not retained or leased in
accordance with subsection (2.5) or (3) of this section shalt MUST be sold
at public sale by the board of county commissioners within one year after
the property is conveyed to the county; except that the board of county
commissioners may reject any bid that is less than the value of the property
as determined by the assessor. Prior to offering such THE property for sale,
the board of county commissioners shall obtain from the assessor a
certificate as to the current actual value and the valuation for assessment of
the same PROPERTY. A notice of such sale shalt MUST be posted in a public
place in the county courthouse at least thirty days before the date of sale,
and such THE notice of sale shalt MUST also be adve1tised in two issues of
a newspaper of general circulation in the county in which the property is
situated, said newspaper notices to MUST appear one week apart and within
the thirty days as above provided. Stteh THE notice shalt MUST reserve the
right upon the part of the board of county commissioners to reject any bid
that is less than the value determined by the assessor. Said THE notice shalt
MUST be substantially in the following form:
NOTICE
Public notice is hereby given that the following real-property
PAGE 25-SENATE BILL 26-144
acquired by the County of .............. , Colorado, by tax TREASURER'S deed, to
wit:
( description of property)
will, according to law, be offered at public sale at the county courthouse,
.............. , Colorado, on the .............. day of .............. , 20 .... , at the hour of
.... to the highest and best bidder. The board of county commissioners
reserves the right to reject any bid that is less than the current actual value
fixed by the county assessor.
County Clerk and Recorder.
(a.5) The notice of sale posted pursuant to paragraph (a) of this
subsection (4) shall SUBSECTION (4)(a) OF THIS SECTION MUST contain a
statement substantially in the following form: "If this property is at least
fifty years old, it may be eligible for inclusion in the state register of historic
properties or designation as a landmark. Sueh THIS property may be eligible
for certain rehabilitation grants and incentives."
(b) Such real THE property shalt MUST be sold at public sale for the
highest and best bid for any lots or parcels PROPERTY, as determined in the
discretion of the board of county commissioners; except that the board of
county commissioners may reject any bid that is less than the value of the
property as determined by the assessor. Such real THE property may be sold
in sueh lots or parcels and upon sueh terms of payment as the board of
county commissioners deems acceptable, but no deed shaft MAY be issued
until the purchaser has made payment in full. Upon written application of
any person, the board of county commissioners shall offer for sale the
property requested by sueh THE person to be sold; except that no pat eel shall
PROPERTY MAY be divided for the purpose of sueh THE requested sale unless
the board of county commissioners specifically permits sueh THE division.
The board of county commissioners may, prior to the sale of any tot-or
pttreel PROPERTY, reserve or grant streets, alleys, or roads or utilities or other
easements, public or private, under sueh terms and conditions as it may
deem advisable.
(6) The foregoing pm visions of This section shaft DOES not apply
to any city and county having a population of more than three hundred
thousand. Sales and leases by such city and county shaft MUST be made in
compliance with the applicable provisions of its charter or ordinances. :AH
sales and leases made before August 1, 1964, by such city and county of any
PAGE 26-SENATE BILL 26-144
real estate acquired by it undet tax deeds, whethet made 01 authotized by
the boat d of county commissionet s, the may 01 of said city and county, 01 in
purported compliance with its chartet OI 01dinances, ate deemed valid, and
such sales and leases ate heteby confitmed. AH actions 01 prneeedings to set
aside OI question the validity of such sales 01 leases made bef-ote August 1,
1964, by such city and county shall be b1ought within six months from said
date and not thet eaftet . This subsection (6) shall not I einstate any such
action 01 prnceeding baned by law befote August 1, 1964.
SECTION 43. In Colorado Revised Statutes, amend 39-11-144 as
follows:
39-11-144. County property, prior sales validated.
All sales of such teal estate PROPERTY made by the board of county
commissioners of any county shalt MUST be deemed valid, and sueh THESE
sales are het eby confirmed if such sales THEY were made at either public or
private sale whethet AND made by deed issued by the t1easme1 upon
direction of the boatd of county commissione1s 01 by deed issued by a duly
appointed commissioner to convey upon direction of the board of county
comm1ss1oners.
SECTION 44. In Colorado Revised Statutes, amend 39-11-145 as
follows:
39-11-145. Proceeds of sales.
All net proceeds from the sale, lease, or other disposition of sueh real
estate PROPERTY so conveyed to the county by the t1easme1 shall
COMMISSIONER MUST be paid to the treasurer of sueh THE county, and the
treasurer shall distribute said THE proceeds to the various taxing
jurisdictions in which sueh real estate THE PROPERTY is situated in the same
proportion that the ad valorem taxes levied by each taxingjurisdiction in the
preceding calendar year bears to the total of all ad valorem taxes levied on
such teal estate THE PROPERTY in the preceding calendar year.
SECTION 45. In Colorado Revised Statutes, amend 39-11-146 as
follows:
39-11-146. Lien of special assessment not affected.
PAGE 27-SENATE BILL 26-144
Nothing in sections 39-11-143 to 39-11-145 shall be eonstrned to
affect AFFECTS in any manner or degree whatsoever the lien of any special
assessment to which sueh real estate PROPERTY and the conveyance thereof
by the treasurer is subject under law.
SECTION 46. In Colorado Revised Statutes, amend 39-11-14 7 as
follows:
39-11-147. Treasurer to report payments.
A complete report of all payments made to and accepted by the
treasurer under sections 39-11-142, 39-11-143, and 39-11-145 shalt MUST
be made, by him; a copy of which shalt MUST be sent to the board of county
commissioners of his THE county, to the administrator, and to the controller
at the end of each month.
SECTION 47. In Colorado Revised Statutes, amend 39-11-148 as
follows:
39-11-148. Limitations on certificates of purchase - special
improvement liens.
(I) No lien upon real property created by a tax eertifieate 01 a
certificate of purchase issued by a treasurer on account of any delinquent
property taxes or any special assessment of any kind or nature shall MAY
remain a lien thereon for a period longer than fifteen SEVEN years after the
original issuance thereof, except as provided in subsection (3) of this
section. This section shall DOES not apply to any tax eertifieate or certificate
of purchase issued to and held by the county, city, city and county, or
district levying such THE tax or special assessment; except that, in the event
of an assignment of such tax eertifieate or THE certificate of purchase so
issued to and held by such THE county, city, city and county, or district, the
lien of sueh tax eertifieate or THE certificate of purchase shalt MUST cease
fifteen SEVEN years after the date of its issuance subject only to the
provisions of subsection (3) of this section. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS SECTION, A LIEN ON PROPERTY CREATED BY A TAX LIEN
SALE CERTIFICATE OF PURCHASE ISSUED PRIOR TO JANUARY 1, 2026, MAY
REMAIN A LIEN FOR A PERIOD OF FIFTEEN YEARS AFTER THE DA TE OF
ISSUANCE.
PAGE 28-SENATE BILL 26-144
(2) No treasurer's deed shalt MAY issue on AFTER PUBLIC AUCTION
IN CONNECTION WITH any tax LIEN sale evidenced by tax certificate OI
certificate of purchase where such tax certificate or THE certificate of
purchase has ceased to be a lien pursuant to the provisions of this section
and application for such PUBLIC AUCTION FOR THE treasurer's deed is not
pending at the time of the expiration of the limitation period provided for
in this section.
(3) In the event of an assignment of a tax certificate 01 certificate of
purchase held by a county, eiey, city and county, or distdct levying such tax
whexein such certificate THAT is fifteen SEVEN years old at the time of
assignment or will become fifteen SEVEN years old within one year from the
date of such assignment, the assignee thereof shall be IS entitled to a tax
TREASURER'S deed in the manner provided by law if such THE assignee or
other legal holder of such THE certificate institutes proceedings to procure
a tax TREASURER'S deed by making a demand upon FILING AN APPLICATION
FOR PUBLIC AUCTION FOR TREASURER'S DEED WITH the treasurer for THE
same, as provided by law IN ARTICLE 11.5 OF THIS TITLE 39, within one year
from the date of sueh THE assignment. by the county, eity, city and county,
or distt ict le ..ry ing such tax.
( 4) Whenever a lien created by a tax certificate OF PURCHASE has
expired, by 1eason of the prnvisions of this section, the treasurer shall
immediately issue a certificate of cancellation describing the teal estate
PROPERTY included in the certificate of purchase or tax certificate and
giving the date of cancellation, and he shall also make proper entries in the
book of sales in his THE TREASURER'S office as follows: "Canceled by
provision of section 39-11-148, C.R.S.", with the date of such THE entry. He
THE TREASURER shall also present every such certificate of cancellation to
the county clerk and recorder who shall enter the same in the record of land
PROPERTY for which a tax lien was sold for delinquent taxes and endorse the
date of entry on the certificate of cancellation and file the same, and such
THE certificate and the record thereof shalt MUST be prima facie evidence
of the cancellation of the certificate of purchase 01 tax certificate and of the
release of the lien of such THE certificate on the lands thetcin PROPERTY
described THEREIN. IF A TAX LIEN WAS SOLD, IN WHOLE OR IN PART, DUE TO
A DELINQUENT SPECIAL ASSESSMENT, THE TREASURER SHALL NOTIFY THE
GOVERNMENTAL ENTITY IMPOSING THE SPECIAL ASSESSMENT OF THE
CANCELLATION OF THE LIEN. Failure to record such THE certificate of
cancellation shalt MUST not extend the lien created by the certificate of
PAGE 29-SENATE BILL 26-144
purchase. 01 tax certificate. The treasurer and county clerk and recorder
shall ARE not be entitled to any fees OR SURCHARGES for the issuing of such
A certificate of cancellation nm f-ot the OR MAKING entries in their books
made under the provisions of this subsection (4).
(5) Whenever a lien created pursuant to a tax certificate OF
PURCHASE becomes unenforceable pursuant to section 31-25-1119, C.R.S.,
the treasurer shall immediately issue a certificate of cancellation describing
the teal estate PROPERTY included in the certificate of purchase 01 tax
certificate indicating thereon the date of cancellation and shall make the
appropriate entries in the book of sales in his THE TREASURER'S office, as
follows: "Canceled by provision of sections 31-25-1119 and 39-11-148,
C.R.S.", with the date of sueh THE entry. He THE TREASURER shall MAY
present every sueh certificate of cancellation to the county clerk and
recorder who shall enter the same in the record of land PROPERTY for which
a tax lien was sold for delinquent taxes and endorse the date of entry on the
said certificate of cancellation and file the same, and sueh THE certificate
and the record thereof shall be IS prima facie evidence of the cancellation
of the certificate of purchase 01 tax certificate and of the release of the lien
of such THE certificate on the -lands PROPERTY therein described. Failure to
record sueh THE certificate of cancellation shall DOES not extend the lien
created by the certificate of purchase. OI tax certificate. The treasurer and
county clerk and recorder shalt ARE not be entitled to any fees for the
issuing and recording of such A certificate of cancellation nor OR for the
MAKING entries in their books made under the provisions of this subsection
(5).
SECTION 48. In Colorado Revised Statutes, amend 39-11-149 as
follows:
39-11-149. Sales en masse valid.
If two or more noncontiguous lots, tracts of land, ot nrining claims
PROPERTIES or portions thereof have not been separately valued and
assessed or, having been separately valued and assessed, whether having a
common ownership or not, have had tax liens thet eof sold en masse for a
gross sum for the nonpayment of taxes and charges, thereon, then, after
seven years from the date of any sueh TAX LIEN sale, sueh THE assessment
and TAX LIEN sale and any tax sale certificate OF PURCHASE issued thereon
shaft MUST be deemed valid and legal and shall be so considered so in all
PAGE 30-SENATE BILL 26-144
actions, suits, or proceedings in which is involved the validity of any such
assessment, TAX LIEN sale, tax sale certificate OF PURCHASE, or treasurer's
deed issued theteon. The1e is excepted fi:om this section any such action,
snit, 01 prnceeding pending on August 1, 1964, whetein any party theteto
has 01 nray assert the invalidity of any such assessment, sale, tax sale
certificate, 01 treast11e1's deed. IN ACCORDANCE WITH ARTICLE 11.5 OF THIS
TITLE 39. Nothing in this section shall be construed to alter, amend, 01
repeal ALTERS, AMENDS, OR REPEALS section 39-11-148.
SECTION 49. In Colorado Revised Statutes, amend 39-11-150 as
follows:
39-11-150. Sales of tax liens on severed mineral interests.
Sales of tax liens for delinquent taxes due on severed mineral
interests shaH MUST take place at the same place and time and under the
same circumstances as in this article ARTICLE 11, but, where the surface
estate ownership is coterminous with the severed mineral interest, the owner
of the surface estate shall have HAS the right of first refusal to purchase the
tax lien on the severed mineral interest, and the surface owner shaH MUST
be allowed to pay all delinquent taxes due and owing for the severed
mineral interest in lieu of the proceeds that would be collected from a tax
sale of a tax lien on the severed mineral interest. The treasurer shall notify
the surface owner, by mail, at his THE OWNER'S last-known MAILING address,
of his THE right of refusal at least ten days prior to the sale of a tax lien on
the severed mineral interest. The surface owner shall have HAS until two
BUSINESS days prior to the TAX LIEN sale to exercise the right of first refusal.
If the surface owner does not exercise his THE right of first refusal, the tax
lien on such severed mineral interest shall be IS sold. No action for the
recovery of a severed mineral interest for which a tax deed CERTIFICATE OF
PURCHASE was issued under the provisions of this article shall lie ARTICLE
11 LIES unless brought within the same time period as that limiting actions
for the recovery of land PROPERTY pursuant to section 39-12-101.
SECTION 50. In Colorado Revised Statutes, amend 39-11-151 as
follows:
39-11-151. County officials and employees may not acquire a tax
lien by tax lien sale.
PAGE 31-SENATE BILL 26-144
(1) (a) No property for whieh a tax lien is sold for delinquent taxes
under this artide shaH be eon v eyed to an eleeted or appointed eounty
offieial, to a eounty employee, or to a member of the immediate family of
any sueh per son or to the agent of any sueh eounty offieial or employee, if
the tax lien on sueh property is sold dm ing the time the offieial or employee
holds offiee or is employed.
(b) No tax lien SOLD FOR DELINQUENT TAXES ON A PROPERTY
PURSUANT TO THIS ARTICLE 11 shalt MAY be sold to an elected or appointed
county official, to a county employee, or to a member of the immediate
family of such person or to the agent of any such county official or
employee during the time the official or employee holds office or is
employed.
(2) The purchase of any tax lien or the eonveyanee of any property
by tax deed pmsuant to this artide is exempt from the provisions of this
section under the following circumstances:
(a) If the property to be eonveyed was owned by the county official
or county employee, or by a member of the immediate family of any such
person, immediately prior to the sale of a tax lien on sueh THE property for
delinquent taxes;
(b) If sueh THE property is situated within a county other than the
county to which sueh THE county official or employee is elected, appointed,
or employed; or
(c) If the property to be conveyed is a severed mineral interest and,
at the time of the eonveyanee SALE, the county official or county employee
is the owner of the surface estate which is coterminous with the severed
mineral interest; OR
( d) IF THE COUNTY OFFICIAL OR EMPLOYEE HAD A LEGAL INTEREST
IN THE PROPERTY PRIOR TO A TAX LIEN SALE ON THE PROPERTY FOR
DELINQUENT TAXES.
(3) Any county official, county employee, or member of the
immediate family of any such person, or the agent of any such county
official or employee, who knowingly purchases any tax lien or reeeives a
eon\ieyanee of property in violation of the provisions of this section
PAGE 32-SENATE BILL 26-144
commits a class 2 misdemeanor and shalt MUST be punished as provided in
section 18-1.3-501.
SECTION 51. In Colorado Revised Statutes, amend 39-11-152 as
follows:
39-11-152. Combined sale of delinquent tax liens and special
assessment liens.
Whenever provision is made in this article for the sale of a tax lien
on property, such sale shalt MUST include the sale of any lien for delinquent
special assessments on such property which have been certified to the
county treasurer for collection. The separate sale of liens for delinquent
general taxes and for delinquent special assessments on property is hereby
prohibited.
SECTION 52. In Colorado Revised Statutes, repeal 39-12-101 as
follows:
39-12-101. Limitation of actions for recovery of land.
No action for the reco'\1ery of land for which a tax deed was issued
under the pio visions of article 11 of this title fot delinquent taxes shall lie
unless the same is brought within five years after the execution and deli v cry
of the deed the1efo1 by the treasurer, any laws to the contrary
notwithstanding, except that, when any owner of such land, for which a tax
deed has beer1 issued, at the time of the execution and deli v cry of the deed
by the treasurer is undet legal disability, it shall be lawful for hirn to bting
a suit or action fot the recovery of the land within the petiod during which
he has the right to make I edemption of such land ft om the tax sale upon
which the deed is based. When a recovery of any of such land is effected in
an:, suit, action, or proceeding, the value of all irnprnvements made in good
faith on such lands, and all sums paid for the tax lien on said land and for
imprn v ements, and all costs ineider1t to the issuance and I ecor ding of the
ti easur er 's deed, and all taxes and assessments paid thereon aftet the sale of
the tax lien thereof, including the I edemption value of all tax sale
certificates redeemed, held, or sur1ende1ed fot redemption by the grantee in
such tteasurei's deed or his heirs or assigns, shall be ascertained by the court
or jury trying the action for I eco v cry and shall be paid, together with intet est
theteon at the rate of twel'\1e percent pct ammrn, by the pet son 1ecovering
PAGE 33-SENATE BILL 26-144
said land to the persons entitled thereto, and the payment of such sum shall
be a condition precedent to the entry of judgment or decree in such suit,
action, OI proceeding. All such tt easm et 's deeds executed by the tt easm et
pmporting to convey lands and improvements thereon f-or all pm poses shall
be deemed to be color of title fi om and after the time the sanre is t ecot ded
in the office of the county clerk and tecotdet f-ot the county in which said
lands ate located. The term "ini:provenrents" includes sums and anrounts of
money expended thet eon in good faith by the gt antee and his successors and
assigns in seat eh of minerals and oil, as well as other expenditmes f-ot the
improvements of such lands which add to the cost and value thereof.
SECTION 53. In Colorado Revised Statutes, repeal and reenact,
with amendments, article l 1.5 of title 39 as follows:
ARTICLE 11.5
Issuance of Treasurer's Deeds
PART 1
PUBLIC AUCTION
39-11.5-101. Definitions.
AS USED IN THIS ARTICLE 11.5, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(1) "APPLICATION FOR TREASURER'S DEED" MEANS AN APPLICATION
FROM A LAWFUL HOLDER PURSUANT TO SECTION 39-11.5-102 RELATED TO
A TAX LIEN UNDER THIS ARTICLE 11.5.
(2) "BUSINESS DAY" MEANS ANY DAY THE TREASURER'S OFFICE IS
OPEN TO THE PUBLIC FOR CONDUCTING OFFICIAL BUSINESS. BUSINESS DAYS
DO NOT INCLUDE WEEKENDS, COLORADO LEGAL HOLIDAYS, OR ANY DAY THE
OFFICE IS CLOSED PURSUANT TO COUNTY POLICY OR EMERGENCY ORDER.
(3) "CERTIFICATE OF OPTION FOR A TREASURER'S DEED" MEANS A
CERTIFICATE ISSUED BY A TREASURER TO THE SUCCESSFUL PURCHASER AT
THE PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-401.
(4) "CERTIFICATE OF PURCHASE" MEANS A CERTIFICATE PREPARED
BY A TREASURER THAT IS ISSUED TO THE PURCHASER OF A TAX LIEN SALE IN
ACCORDANCE WITH SECTION 39-11-117.
PAGE 34-SENATE BILL 26-144
(5) "CERTIFICATEOFREDEMPTION"MEANSACERTIFICATEPREPARED
BY A TREASURER AFTER PROPERTY SUBJECT TO A TAX LIEN SALE IS
REDEEMED BY THE OWNER PRIOR TO PUBLIC AUCTION IN ACCORDANCE WITH
SECTION 39-11.5-106.
(6) "CERTIFICATEOFREPURCHASE"MEANSACERTIFICATEPREPARED
BY A TREASURER WHEN A LAWFUL HOLDER REPURCHASES A CERTIFICATE OF
OPTION FOR A TREASURER'S DEED AFTER THE PUBLIC AUCTION IN
ACCORDANCE WITH SECTION 39-11.5-402.
(7) "CLAIM FOR OVERBID MONEY" MEANS A CLAIM FOR OVERBID
MONEY FORM AS SPECIFIED IN SECTION 39-11.5-303.
(8) "FEES AND COSTS" MEANS ALL FEES PURSUANT TO SECTION
30-1-102 AND ALL CHARGES, EXPENSES, AND COSTS DESCRIBED IN SECTION
39-11.5-108.
(9) "INVESTOR" HAS THE MEANING SET FORTH IN SECTION
39-11-100.3 (2.7).
(10) "JUNIOR LIEN" MEANS A LIEN OR ENCUMBRANCE UPON THE
PROPERTY FOR WHICH THE AMOUNT DUE AND OWING THEREUNDER IS
SUBORDINATE TO THE TAX LIEN THAT WAS DULY RECORDED IN THE OFFICE
OF THE COUNTY CLERK AND RECORDER PRIOR TO THE RECORDING OF THE
APPLICATION FOR PUBLIC AUCTION FOR TREASURER'S DEED.
(11) "JUNIOR LIENOR" MEANS A PERSON WHO IS A BENEFICIARY,
HOLDER, OR GRANTEE OF A JUNIOR LIEN OR THAT PERSON'S ASSIGNEE OR
ATTORNEY.
(12) "LAWFUL HOLDER" MEANS A PERSON IN POSSESSION OF A
CERTIFICATE OF PURCHASE FOR A TAX LIEN ISSUED IN ACCORDANCE WITH
ARTICLE 11 OF THIS TITLE39,ORTHEASSIGNEE, TRANSFEREE,ORATTORNEY
FOR SUCH HOLDER.
(13) "MAILING LIST" MEANS A MAILING LIST ASSEMBLED BY THE
TREASURER PURSUANT TO SECTION 39-11.5-105.
(14) "NONMATERIAL MISSTATEMENT" MEANS A MINOR OR
INCONSEQUENTIAL ERROR OR OMISSION THAT DOES NOT SIGNIFICANTLY
PAGE 35-SENATE BILL 26-144
AFFECT THE MEANING, VALIDITY, OR ENFORCEABILITY OF A DOCUMENT OR
OTHER RECORD CONTAINING THE NONMA TERIAL MISSTATEMENT.
(15) "NOTICE OF PUBLIC AUCTION" MEANS A NOTICE OF PUBLIC
AUCTION CREATED AND SENT BY THE TREASURER IN ACCORDANCE WITH
SECTION 39-11.5-104.
( 16) "OVERBID" MEANS THE AMOUNT OF MONEY A PROPERTY IS SOLD
FOR AT A PUBLIC AUCTION IN EXCESS OF THE TOTAL PROPERTY TAX DEBT
AMOUNT, INCLUDING THE AMOUNT OF MONEY OWED TO THE LAWFUL
HOLDER OF THE CERTIFICATE OF PURCHASE AND THE FEES AND COSTS
INCURRED BY THE TREASURER IN COMPLYING WITH THIS ARTICLE 11.5.
(17) "POSTING" MEANS PLACEMENT OF THE NOTICE OF PUBLIC
AUCTION THAT MEETS THE REQUIREMENTS SET FORTH IN SECTION
39-11.5-105 (4), IN A CONSPICUOUS LOCATION ON THE PROPERTY.
( 18) "PROPERTY" MEANS A PROPERTY SUBJECT TO A TAX LIEN, THE
CERTIFICATE OF PURCHASE FOR WHICH IS HELD BY THE LAWFUL HOLDER.
(19) "PROPERTY OWNER", "CURRENT OWNER", OR "OWNER" MEANS
A PERSON THAT CURRENTLY HOLDS TITLE TO, OR HAS A RECORDED
CONTRACTUAL RIGHT TO PURCHASE, THE PROPERTY THAT IS SUBJECT TO A
TAX LIEN.
(20) "PUBLIC AUCTION" OR "AUCTION" MEANS A PUBLIC SALE
CONDUCTED BY THE TREASURER PURSUANT TO THIS ARTICLE 11.5.
(21) "PUBLISH" "PUBLICATION" "REPUBLISH" OR "REPUBLICATION"
' ' ' MEANS PLACEMENT BY A TREASURER OF A LEGAL NOTICE THAT MEETS THE
REQUIREMENTS SET FORTH IN SECTION24-70-103, CONTAINING A NOTICE OF
PUBLIC AUCTION, OMITTING THE COPIES OF THE STATUTES, IN A NEWSPAPER
SELECTED BY THE TREASURER THAT IS IN THE COUNTY OR COUNTIES WHERE
THE PROPERTY TO BE AUCTIONED IS LOCATED.
(22) "PURCHASER" MEANS A PERSON TO WHOM THE TREASURER
AWARDS THE CERTIFICATE OF OPTION FOR A TREASURER'S DEED AS THE
WINNING BIDDER AT THE PUBLIC AUCTION WHO TIMELY SUBMITS PROPER
FUNDS, OR, IF NO VALID BIDS ARE RECEIVED AT THE PUBLIC AUCTION, THE
LAWFUL HOLDER WHO DOES NOT FILE A WITHDRAWAL OF THE APPLICATION
PAGE 36-SENATE BILL 26-144
FOR PUBLIC AUCTION FOR TREASURER'S DEED PURSUANT TO SECTION
39-11.5-401.
(23) "REDEMPTION STATEMENT" MEANS A STATEMENT PROVIDED TO
THE PROPERTY OWNER BY THE TREASURER AS DESCRIBED IN SECTION
39-11.5-106 (2).
(24) "SURFACE OWNER" MEANS A PERSON OR ENTITY THAT HOLDS
TITLE TO, OR A RECORDED CONTRACTUAL RIGHT TO PURCHASE, THE SURFACE
ESTATE OF A PARCEL OF REAL PROPERTY.
(25) "TAX LIEN" MEANS A LIEN ON A PROPERTY SOLD FOR SPECIAL
ASSESSMENTS, TAXES, OR SPECIAL ASSESSMENTS AND TAXES DUE EITHER TO
THE STATE OR ANY COUNTY OR INCORPORATED TOWN OR CITY FOR WHICH
THE TREASURER ISSUED A CERTIFICATE OF PURCHASE TO THE LAWFUL
HOLDER.
(26) "TREASURER" HAS THE MEANING SET FORTH IN SECTION
39-1-102 (17) AS APPLIED TO THE COUNTY IN WHICH A PROPERTY IS
LOCATED.
(27) "TREASURER'S DEED" MEANS A DEED OR, IN THE CASE OF A
MANUFACTURED HOME, MOBILE HOME, MODULAR HOME, OR TINY HOME, A
CERTIFICATE OF OWNERSHIP, ISSUED BY THE TREASURER AS DESCRIBED IN
SECTION 39-11.5-501 IN THE FORM SPECIFIED IN SECTION 39-11.5-502 OR
39-11.5-503.
39-11.5-102. Lawful holder -application for treasurer's deed -
fee.
(1) AFTERAUGUST 1 OF THE THIRD CALENDAR YEAR FOLLOWING THE
DATE OF A TAX LIEN SALE, A LAWFUL HOLDER MAY APPLY FOR A
TREASURER'S DEED FOR THE PROPERTY DESCRIBED IN THE CERTIFICATE OF
PURCHASE IN ACCORDANCE WITH THIS SECTION.
(2) (a) A LAWFUL HOLDER MUST FILE AN APPLICATION FOR
TREASURER'S DEED IN SUBSTANTIALLY THE FOLLOWING FORM:
APPLICATION FOR TREASURER'S DEED
TO THE COUNTY TREASURER OF _____ COUNTY, COLORADO:
PAGE 37-SENATE BILL 26-144
TREASURER'S DEED NUMBER -----
THE UNDERSIGNED, AS THE LAWFUL HOLDER OF TREASURER'S TAX
LIEN SALE CERTIFICATE(S) OF PURCHASE NO.(S) ____ ISSUED
PURSUANT TO THE TAX LIEN SALE HELD ON THE DAY OF
----, 20_, FOR THE TAXES AND/OR SPECIAL ASSESSMENTS IN
THE AMOUNT OF$ ____ FOR THE TAX YEAR(S) ___ HEREBY
REQUESTS THAT THE COUNTY TREASURER, GIVE NOTICE AND TAKE
SUCH PROCEEDINGS AS ARE REQUIRED BY LAW SO THAT THE
UNDERSIGNED MAY BE ENTITLED TO A TREASURER'S DEED TO THE
PROPERTY DESCRIBED IN THE CERTIFICATE OF PURCHASE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
LEGAL DESCRIPTION:
SITUATED IN THE COUNTY OF , STATE OF COLORADO. -----
PROPERTY ADDRESS: -----
ACCOUNT/SCHEDULE NUMBER: -----p ARCEL NUMBER: -----
CURRENT ASSESSED OWNER: -----
LAWFUL HOLDER NAME: -----
LAWFUL HOLDER ADDRESS: -----
LAWFUL HOLDER CITY, ST A TE, AND ZIP CODE: -----
LAWFUL HOLDER SIGNATURE: -----
DATE: -----
CURRENT YEAR TAXES: ------
JR LIEN ENDORSEMENTS: ------
INVESTMENT BALANCE OF TAX LIEN: -----
(b) A LAWFUL HOLDER MUST SUBMIT CERTIFICATE OF PURCHASE, OR
A RECORDED COPY THEREOF, IF RECORDED BY THE TREASURER AT THE TIME
OF THE TAX LIEN SALE, FOR EACH PROPERTY INCLUDED IN AN APPLICATION
FOR TREASURER'S DEED AND ANY ASSIGNMENTS OF EACH CERTIFICATE OF
PURCHASE IN ACCORDANCE WITH THIS SECTION.
(c) ANY NUMBER OF PROPERTIES NOT EXCEEDING TWENTY-FIVE,
WHETHER CONTIGUOUS OR NONCONTIGUOUS, WHEN HELD UNDER ONE TITLE
OF OWNERSHIP, OR WHETHER INCLUDED IN AN IRRIGATION DISTRICT OR NOT
SO INCLUDED, AND ALTHOUGH TAX LIENS FOR THE PROPERTY WERE
SEPARATELY SOLD AT THE TAX LIEN SALE OR COVERED BY MORE THAN ONE
TAX SALE CERTIFICATE, MAY BE INCLUDED AND DESCRIBED IN ONE
APPLICATION FOR A TREASURER'S DEED AS PROVIDED FOR IN THIS
PAGE 38-SENATE BILL 26-144
SUBSECTION (2). THESE PROPERTIES, NOT EXCEEDING TWENTY-FIVE IN
NUMBER, MAY ALSO BE INCLUDED AND DESCRIBED IN A SINGLE APPLICATION
FOR A TREASURER'S DEED NOTICE AND ARE IN CONFORMITY WITH THIS
ARTICLE 11.5 IN ALL OTHER RESPECTS. THE NOTICE OF PUBLIC AUCTION
MUST PROMINENTLY DISPLAY THE NAME OF THE PERSON IN WHOSE NAME THE
PROPERTY WAS TAXED OR SPECIALLY ASSESSED FOR THE YEAR IN WHICH THE
TAX LIEN WAS SOLD. THIS NAME MUST APPEAR AT OR NEAR THE BEGINNING
OF THE NOTICE AND IN CLOSE PROXIMITY TO THE REFERENCE TO THE TAX
LIEN SALE CERTIFICATE NUMBER AND THE DESCRIPTION OF THE PROPERTY
INVOLVED. THEINFORMATIONINTHENOTICEMUSTBESUFFICIENTTOALLOW
IDENTIFICATION OF THE PROPERTY WITH THE NAME OF THE PERSON ASSESSED
IF ALL CERTIFICATES INCLUDED IN A SINGLE NOTICE FOR PUBLIC AUCTION
ARE HELD BY THE SAME PERSON.
(3) IN THE EVENT THAT THE AMOUNT OF THE TAX LIEN BALANCE OR
ANY NONMATERIAL MISSTATEMENT IS ERRONEOUSLY SET FORTH IN THE
APPLICATION FOR A TREASURER'S DEED, THE ERROR DOES NOT AFFECT THE
VALIDITY OF THE APPLICATION FOR TREASURER'S DEED, THE NOTICE OF
PUBLIC AUCTION, THE PUBLICATION, THE POSTING, THE PUBLIC AUCTION, THE
CERTIFICATE OF OPTION FOR A TREASURER'S DEED DESCRIBED IN SECTION
39-11.5-401, THE CERTIFICATE OF REDEMPTION DESCRIBED IN SECTION
39-11.5-106 (4), THE CERTIFICATE OF REPURCHASE DESCRIBED IN SECTION
39-11.5-402, THETREASURER'SDEEDASDESCRIBEDINSECTION39-1 l.5-501,
OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION THEREWITH.
(4) (a) ALAWFULHOLDEROFACERTIFICATEOFPURCHASE WHO HAS
APPLIED FOR A TREASURER'S DEED PURSUANT TO THIS SECTION MAY ASSIGN
OR TRANSFER THE CERTIFICATE OF PURCHASE AT ANY TIME DURING THE
PENDENCY OF THE PUBLIC AUCTION PROCESS. UPON RECEIPT OF WRITTEN
NOTICE SIGNED BY THE LAWFUL HOLDER, OR THE LAWFUL HOLDER'S
ATTORNEY, EVIDENCING THE ASSIGNMENT OR TRANSFER OF THE CERTIFICATE
OF PURCHASE AND IDENTIFYING THE ASSIGNEE OR TRANSFEREE, THE
TREASURER SHALL PROCEED WITH THE PUBLIC AUCTION AS IF THE ASSIGNEE
OR TRANSFEREE WERE THE ORIGINAL APPLICANT.
(b) THE ASSIGNMENT OR TRANSFER OF A CERTIFICATE OF PURCHASE
DURING THE PENDENCY OF THE TREASURER'S DEED PROCESS MUST BE
DEEMED MADE WITHOUT RECOURSE UNLESS OTHERWISE AGREED IN A
WRITTEN STATEMENT SIGNED BY THE ASSIGNOR OR TRANSFEROR. THE
LAWFUL HOLDER OF A CERTIFICATE OF PURCHASE, CERTIFICATE OF OPTION
PAGE 39-SENATE BILL 26-144
FORA TREASURER'S DEED, OR CERTIFICATE OF REPURCHASE WHO ASSIGNS OR
TRANSFERS THEIR CERTIFICATE HAS NO DUTY OR LIABILITY TO THE ASSIGNEE
OR TRANSFEREE OR TO ANY THIRD PARTY FOR ANY ACT OR OMISSION WITH
RESPECT TO THE PROVISIONS OF THIS ARTICLE 11.5 AFTER THE DATE OF
ASSIGNMENT OR TRANSFER.
(5) (a) THETREASURERMAYREQUIRETHELAWFULHOLDERTOMAKE
A DEPOSIT OF UP TO ONE THOUSAND DOLLARS PLUS THE AMOUNT OF FEES
PERMITTED PURSUANT TO SECTION 30-1-102 (1.7), AT THE TIME THE
APPLICATION FOR TREASURER'S DEED IS ACCEPTED, TO BE APPLIED AGAINST
THE FEES AND COSTS OF THE TREASU RE R IN PROCEEDING PURSUANT TO THIS
ARTICLE 11.5.
(b) THE TREASURER MAY CHARGE AND ACCEPT A LESSER FEE
AMOUNT THAN IS PERMITTED BY SECTION 30-1-102 (l.7)(a)(I), FOR AN
APPLICATION FOR A TREASURER'S DEED WHEN THE ASSESSED VALUE OF THE
PROPERTY IN THE APPLICATION ATTHETIMEOF ACCEPTING THE APPLICATION
FOR TREASURER'S DEED IS FIVE HUNDRED DOLLARS OR LESS.
39-11.5-103. Review of application -recording.
(1) THE TREASURER MAY ACCEPT AN APPLICATION FOR A
TREASURER'S DEED. IF ACCEPTED, THE TREASUR E R SHALL REVIEW THE
APPLICATION AS SOON AS PRACTICABLE BUT NOT LATER THAN FORTY-FIVE
CALENDAR DAYS FROM THE DATE OF ACCEPTANCE TO DETERMINE WHETHER
IT COMPLIES WITH THE REQUIREMENTS OF THIS ARTICLE 11.5.
(2) IF THE TREASURER DETERMINES THAT AN APPLICATION COMPLIES
WITH THE REQUIREMENTS OF THIS ARTICLE 11.5, THE TREASUR ER SHALL
COLLECT FROM A LAWFUL HOLDER ALL DELINQUENT TAXES OWED AND
ENDORSE ALL SUBSEQUENT CERTIFICATES OF PURCHASE FOR TAX LIENS ON
SUCH PROPERTY AND SHALL VERIFY THAT ALL SUBSEQUENT TAXES HAVE
BEEN PAID IN FULL BY THE LAWFUL HOLDER.
(3) THE TREASU RE R SHALL RECORD AN APPLICATION FOR A
TREASURER'S DEED AND THE CERTIFICATE OF PURCHASE, AND ALL
ENDORSEMENTS, WITHIN TEN BUSINESS DAYS FOLLOWING THE TREASURER'S
DETERMINATION THAT ALL SUBSEQUENT TAXES HAVE BEEN PAID IN FULL.
( 4) THE RECORDED DOCUMENT MUST BERET AINED IN THE COUNTY'S
PAGE 40-SENATE BILL 26-144
PUBLIC RECORDS IN THE COUNTY WHERE THE PROPERTY IS LOCATED.
39-11.5-104. Notice of application -title review -mailing list.
(1) (a) No MORE THAN TEN CALENDAR DAYS AFTER RECORDING AN
APPLICATION FOR A TREASURER'S DEED PURSUANT TO SECTION
39-11.5-102(2), THE TREASURER SHALL MAIL BY FIRST CLASS MAIL A NOTICE
OFAPPLICATIONFORATREASURER'SDEEDTOTHEOWNEROFRECORDOFTHE
PROPERTY ADDRESS SET FORTH IN THE APPLICATION FOR A TREASURER'S
DEED.
(b) THE TREASURER SHALL NOTIFY THE OWNER OF A MANUFACTURED
HOME, MOBILE HOME, MODULAR HOME, OR TINY HOME AND ANY
LIENHOLDER OF RECORD, BY FIRST CLASS MAIL TO THE OWNER'S
LAST-KNOWNMAILINGADDRESS,THATANAPPLICATIONFORATREASURER'S
DEED FOR THE HOME HAS BEEN RECORDED BY THE TREASURER ON BEHALF
OF THE LAWFUL HOLDER OF THE CERTIFICATE OF PURCHASE PURSUANT TO
SECTION39-l 1.5-103. THETREASURERSHALL THEREAFTERPROCEEDINLIKE
MANNER AS IS PROVIDED BY LAW IN THE CASE OF CERTIFICATES OF
PURCHASE HELD BY AN INVESTOR.
( c) IF THE PROPERTY DESCRIBED IN THE APPLICATION FOR A
TREASURER'S DEED CONSISTS OF A SEVERED MINERAL INTEREST AND THE
TAX LIEN IS HELD BY THE COUNTY, THE TREASURER SHALL PROCEED IN THE
MANNER PROVIDED IN THIS ARTICLE 11.5, EXCEPT THAT ALL FEES MAY BE
WAIVED.
(2) NOTMORETHANTHIRTYCALENDARDAYSAFTERRECORDINGTHE
APPLICATION FOR A TREASURER'S DEED AS SET FORTH IN SECTION
39-11.5-103, THE TREASURER SHALL ORDER A TITLE SEARCH OR BEGIN A
REVIEW OF RELEVANT COUNTY RECORDS OF THE COUNTY CLERK AND
RECORDER CONCERNING THE PROPERTY.
(3) THE TITLE SEARCH DESCRIBED IN SUBSECTION (2) OF THIS
SECTION MUST BE RECEIVED OR A REVIEW OF RELEVANT COUNTY RECORDS
OF THE COUNTY CLERK AND RECORDER CONCERNING THE PROPERTY MUST
BE COMPLETED NO LATER THAN ONE HUNDRED EIGHTY CALENDAR DAYS
FROM THE DA TE OF THE RECORDING OF THE APPLICATION OF PUBLIC
AUCTION.
PAGE 41-SENATE BILL 26-144
( 4) NOT MORE THAN THIRTY BUSINESS DAYS AFTER EITHER
RECEIVING THE TITLE COMPANY'S SEARCH OR COMPLETING A REVIEW OF
RELEVANT COUNTY RECORDS OF THE COUNTY CLERK AND RECORDER
CONCERNING THE PROPERTY, THE TREASURER SHALL CREA TE A MAILING LIST
CONTAINING THE NAMES AND ADDRESSES OF:
(a) THE OWNER OF THE PROPERTY AT THE TIME OF THE TAX LIEN
SALE, ATTI--lE PROPERTY ADDRESS, AND THE LAST-KNOWN MAILING ADDRESS
ASSOCIATED WITH THE PROPERTY AS SHOWN IN THE RECORDS OF THE
TREASURER;
(b) THE OWNER OF THE PROPERTY AT THE TIME OF THE TAX LIEN
SALE, AT THE OWNER'S LAST-KNOWN MAILING ADDRESS AS SHOWN IN THE
RECORDS OF THE TREASURER, IF DIFFERENT THAN THE PROPERTY ADDRESS;
( C) THE LAWFUL HOLDER OF THE CERTIFICATE OF PURCHASE, OR ANY
ASSIGNEES OR TRANSFEREES OF THE CERTIFICATE OF PURCHASE;
(d) THE OCCUPANT OF THE PROPERTY, ADDRESSED TO "OCCUPANT"
AT THE ADDRESS OF THE PROPERTY, IF THE PROPERTY IS COMMERCIAL,
RESIDENTIAL, AGRICULTURAL REAL PROPERTY, OR A MANUFACTURED HOME,
MOBILE HOME, MODULAR HOME, OR TINY HOME;
( e) THE LESSEE OF THE PROPERTY, ADDRESSED TO "LESSEE" AT THE
ADDRESS OF THE PROPERTY, IF THE PROPERTY IS COMMERCIAL, RESIDENTIAL,
AGRICULTURAL REAL PROPERTY, OR A MANUFACTURED HOME, MOBILE
HOME, MODULAR HOME, OR TINY HOME AND IF THE LEASE IS RECORDED;
( f) THE CURRENT OWNER OF THE PROPERTY, IF DIFFERENT THAN THE
OWNER, AT THE TIME OF THE TAX LIEN SALE; AND
(g) ALLJUNIOR LIENORS, AS SHOWN IN THE RECORDS OF THE COUNTY
CLERK AND RECORDER, WHOSE LIENS WERE DULY RECORDED IN THE
RECORDS OF THE COUNTY CLERK AND RECORDER, PRIOR TO THE RECORDING
OF THE APPLICATION FOR TREASURER'S DEED.
( 5) IF A RECORDED INSTRUMENT DOES NOT SPECIFY THE ADDRESS OF
THE PARTY PURPORTING TO HA VE AN INTEREST IN THE PROPERTY UNDER THE
RECORDED INSTRUMENT, THAT PARTY IS NOT ENTITLED TO NOTICE AND ANY
INTEREST IN THE PROPERTY UNDER SUCH INSTRUMENT IS EXTINGUISHED
PAGE 42-SENA TE BILL 26-144
UPON THE EXECUTION AND DELIVERY OF A TREASURER'S DEED PURSUANT TO
SECTION 39-11.5-501.
(6) IF ANYNOTICESENTPURSUANTTOTHIS SECTION IS RETURNED AS
UNDELIVERABLE, THE COUNTY TREASURER SHALL CONDUCT A REASONABLE
SEARCH TO LOCATE AND NOTIFY THE INTENDED RECIPIENT WITHIN THIRTY
CALENDAR DAYS OF RECEIPT OF THE RETURNED MAIL AS UNDELIVERABLE.
39-11.5-105. Notice of public auction - mailing - publication -
posting.
( 1) NO MORE THAN TEN BUSINESS DAYS AFTER THE TREASURER HAS
CREATED THE MAILING LIST PURSUANT TO SECTION 39-11.5-104, THE
TREASURER SHALL MAIL BY FIRST CLASS MAIL A NOTICE OF PUBLIC AUCTION
TO THE PERSONS SET FORTH IN THE MAILING LIST.
(2) THE NOTICE OF PUBLIC AUCTION REQUIRED TO BE MAILED
PURSUANT TO THIS SECTION MUST CONTAIN:
(a) THE YEAR FOR WHICH THE UNPAID TAXES WERE PURCHASED;
(b) THE DA TE OF TAX LIEN SALE;
( c) THE NAME OF THE ORIGINAL PURCHASER AT THE TAX LIEN SALE;
( d) ANY ASSIGNMENTS OF THE CERTIFICATE OF PURCHASE;
( e) THE NAME OF THE OWNER OF THE PROPERTY AT THE TIME OF THE
TAX LIEN SALE;
(f) THE NAME OF THE LAWFUL HOLDER AT TIME OF RECORDING OF
APPLICATION FOR TREASURER'S DEED;
(g) THE LEGAL DESCRIPTION OF THE PROPERTY AND SITE ADDRESS,
IF APPLICABLE;
(h) THE DATE AND TIME OF THE ORIGINALLY SCHEDULED PUBLIC
AUCTION;
(i) THE LOCATION OF THE PUBLIC AUCTION, INCLUDING THE
PAGE 43-SENATE BILL 26-144
INFORMATION REQUIRED BY SUBSECTION (3) OF THIS SECTION, IF
APPLICABLE;
G) THE PUBLICATION DATE, IF APPLICABLE; AND
(k) LEGIBLE COPIES OF SECTIONS 39-11.5-106, 39-11.5-110,
39-11.5-112, AND 39-11.5-301.
(3) IF THE PUBLIC AUCTION IS CONDUCTED BY MEANS OF THE
INTERNET OR OTHER ELECTRONIC MEDIUM, THEN THE NOTICE OF PUBLIC
AUCTION REQUIRED TO BE MAILED PURSUANT TO THIS SECTION MUST
INCLUDE A STATEMENT OF OR DIRECTIONS WHERE TO OBTAIN THE
FOLLOWING:
(a) THE WEB ADDRESS FOR THE PUBLIC AUCTION;
(b) THE LOCATION OF COMPUTER WORKSTATIONS AVAILABLE TO THE
PUBLIC;
( c) INSTRUCTIONS ON ACCESSING THE PUBLIC AUCTION AND
SUBMITTING BIDS; AND
( d) BIDDING RULES FOR THE PUBLIC AUCTION WILL BE POSTED ON
THE TREASURER'S WEBSITE OR THE ELECTRONIC MEDIUM USED TO CONDUCT
THE AUCTION AT LEAST FOURTEEN CALENDAR DAYS BEFORE THE DATE OF
THE PUBLIC AUCTION.
(4) (a) No LESS THAN THIRTY CALENDAR DAYS PRIOR TOTI-IE FIRST
SCHEDULED PUBLIC AUCTION DATE, IF THE VALUATION FOR ASSESSMENT OF
THE PROPERTY THAT IS THE SUBJECT OF THE PUBLIC AUCTION, AT THE TIME
OF THE RECORDING OF THE APPLICATION FOR TREASURER'S DEED, IS FIVE
HUNDRED DOLLARS OR MORE, THE TREASURER SHALL COMMENCE
PUBLICATIONOFTHENOTICEOFPUBLICAUCTION,OMITTINGTHESTATUTES,
FOR THREE WEEKS, WHICH MEANS PUBLICATION ONCE EACH WEEK FOR
THREE SUCCESSIVE WEEKS IN A NEWSPAPER THAT IS PUBLISHED DAILY,
WEEKLY, OR SEMIWEEKLY IN THE COUNTY WHERE THE PROPERTY IS
LOCATED.
(b) IF THERE IS NOT A NEWSPAPER THAT SATISFIES THE CRITERIA
IDENTIFIED IN SUBSECTION (4)(a) OF THIS SECTION, THE TREASURER SHALL
PAGE 44-SENATE BILL 26-144
POST THE NOTICE OF PUBLIC AUCTION, OMITTING THE STATUTES REQUIRED
BY SUBSECTION (2)(k) OF THIS SECTION, CONSPICUOUSLY IN THE OFFICES OF
THE COUNTY CLERK AND RECORDER, THE TREASURER, AND THE ASSESSOR,
IN AT LEAST TWO OTHER PUBLIC PLACES IN THE COUNTY SEAT, AND SHALL
POST THE NOTICE ON THE TREASURER'S WEBSITE.
( c) THE FEES AND COSTS ALLOWED FOR PUBLICATION OF THE NOTICE
OF PUBLIC AUCTION MUST BE AS PROVIDED BYLAW FOR THE PUBLICATION OF
LEGAL NOTICES OR ADVERTISING.
( d) THE NOTICE OF PUBLIC AUCTION MUST BE INSUBSTANTIALLY THE
FOLLOWING FORMAT:
NOTICE OF PUBLIC AUCTION
NOTICE IS GIVEN THAT ON [DATE], AT [LOCATION], THE COUNTY
TREASURER WILL CONDUCT A PUBLIC AUCTION FOR A TREASURER'S
DEED DUE TO DELINQUENT PROPERTY TAXES.
[INSERT LEGAL DESCRIPTION]
[INSERT PROPERTY ADDRESS]
INTERESTED BIDDERS MUST REGISTER. MORE INFORMATION AT
(WEBSITE OR TREASURER'S OFFICE PHONE NUMBER).
(5) (a) No MORE THAN TEN BUSINESS DAYS AFTER MAILING THE
NOTICE OF PUBLIC AUCTION, IF THE ASSESSED VALUE OF THE PROPERTY THAT
IS THE SUBJECT OF THE PUBLIC AUCTION, AT THE TIME OF THE RECORDING OF
THE APPLICATION FOR TREASURER'S DEED, IS LESS THAN FIVE HUNDRED
DOLLARS, OR THE PROPERTY IS A MANUFACTURED HOME, MOBILE HOME,
MODULAR HOME, OR TINY HOME, THEN THE TREASURER SHALL POST THE
NOTICE OF PUBLIC AUCTION, OMITTING THE STATUTES REQUIRED BY
SUBSECTION (2)(k) OF THIS SECTION, ON THE TREASURER'S WEBSITE.
(b) NO MORE THAN TEN BUSINESS DAYS AFTER MAILING THE NOTICE
OF PUBLIC AUCTION, IF AN APPLICATION FOR TREASURER'S DEED CONSISTS OF
MULTIPLE PROPERTIES NOT EXCEEDING TWENTY-FIVE, CONTIGUOUS OR
NONCONTIGUOUS, AND THE ASSESSED VALUE OF EACH PROPERTY
INDIVIDUALLY, AT THE TIME OF THE RECORDING OF THE APPLICATION FOR
TREASURER'S DEED, IS LESS THAN FIVE HUNDRED DOLLARS, THE TREASURER
SHALL POST THE NOTICE OF PUBLIC AUCTION, OMITTING THE STATUTES
REQUIRED BY SUBSECTION (2)(k) OF THIS SECTION, ON THE TREASURER'S
WEBSITE.
PAGE 45-SENATE BILL 26-144
(6) NO LESS THAN THIRTY CALENDAR DAYS PRIOR TO THE FIRST
SCHEDULED PUBLIC AUCTION DATE, THE TREASURER SHALL POST, IN A
CONSPICUOUS LOCATION ON A PROPERTY; EXCEPT THAT THE TREASURER IS
NOT REQUIRED TO MAKE THE POST REQUIRED BY THIS SUBSECTION (6) IF A
PROPERTY IS SEVERED MINERAL RIGHTS. FOR A MANUFACTURED HOME,
MOBILE HOME, MODULAR HOME, OR TINY HOME, THE TREASURER SHALL
PROVIDE NOTICE, INCLUDING A STATEMENT OF TAXES DUE FOR THE OWNER
TO REDEEM, IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.
(7) THE TREASURER SHALL MAKE, OR CAUSE TO BE MADE, AN
AFFIDAVIT SHOWING THE POSTING OF THE NOTICE OF PUBLIC AUCTION
PURSUANT TO THIS SECTION. THE TREASURER SHALL RETAIN AFFIDAVITS IN
THE TREASURER'S RECORDS PURSUANT TO THE COUNTY RETENTION POLICY.
39-11.5-106. Property owner redemption procedure.
(1) (a) A PROPERTY OWNER IS ENTITLED TO REDEEM A PROPERTY IF,
NO LATER THAN SEVEN CALENDAR DAYS PRIOR TO THE CURRENTLY
SCHEDULED PUBLIC AUCTION DATE, THE PROPERTY OWNER FILES AN INTENT
TO REDEEM THE PROPERTY WITH THE TREASURER.
(b) IF A PROPERTY OWNER IS DECEASED OR INCAPACITATED ON OR
AFTER THE DATE AND TIME OF THE RECORDING OF THE APPLICATION FOR
TREASURER'S DEED, THE PROPERTY OWNER'S HEIRS, PERSONAL
REPRESENTATIVE, LEGAL GUARDIAN, OR CONSERVATOR, WHETHER OR NOT
THAT PERSON'S INTEREST IS SHOWN IN THE RECORDS, UPON PROVIDING
SATISFACTORY PROOF TO A TREASURER, MAY FILE AN INTENT TO REDEEM
AND OR REDEEM THE CERTIFICATE OF PURCHASE AS PROVIDED IN THIS
SECTION.
(2) (a) No LATER THAN THREE BUSINESS DAYS FOLLOWING THE
TIMELY FILING OF AN INTENT TO REDEEM, THE TREASURER SHALL PROVIDE
A REDEMPTION STATEMENT TO A PROPERTY OWNER PURSUANT TO THIS
SECTION IN A STATEMENT SPECIFYING THE AMOUNT, ITEMIZED AND IN
SUBSTANTIALLY THE SAME FORM AS A BID PURSUANT TO SECTION
39-11.5-107; AND
(b) A FEE NOT EXCEEDING TWENTY-FIVE DOLLARS MAY BE CHARGED
TO A PROPERTY OWNER FOR FILING AN INTENT TO REDEEM OR REQUESTING
AN UPDATED REDEMPTION STATEMENT UNDER THIS SECTION.
PAGE 46-SENATE BILL 26-144
(3) (a) A REDEMPTION STATEMENT IS EFFECTIVE FOR TEN BUSINESS
DAYS OR UNTIL NOON THE DAY BEFORE THE CURRENTLY SCHEDULED PUBLIC
AUCTION DATE, WHICHEVER OCCURS FIRST.
(b) A PROPERTY OWNER MAY REDEEM A PROPERTY AT ANY TIME
BEFORE THE EXPIRATION OF A REDEMPTION STATEMENT BY PAYING THE
TREASURER, BY THE METHOD OF PAYMENT SPECIFIED BY THE TREASURER,
THE AMOUNT REQUIRED TO REDEEM AS SPECIFIED IN SUBSECTION (2) OF THIS
SECTION.
(c) UPON RECEIPT OF THE REDEMPTION PAYMENT, THE TREASURER
SHALL NOTIFY THE LAWFUL HOLDER OF THE REDEMPTION AND EXECUTE A
WITHDRAWAL OF THE APPLICATION FOR TREASURER'S DEED PURSUANT TO
SECTION 39-11.5-111 (3).
( d) No LATER THAN THE TENTH BUSINESS DAY AFTER RECEIVING THE
REDEMPTION PAYMENT, THE TREASURER SHALL RECORD THE WITHDRAWAL
OF THE APPLICATION FOR TREASURER'S DEED ALONG WITH THE CERTIFICATE
OF REDEMPTION IN THE COUNTY RECORDS.
( e) THE TREASURER SHALL DISBURSE ALL REDEMPTION PROCEEDS TO
THE PERSONS ENTITLED TO RECEIVE THEM.
(4) NO MORE THAN TEN BUSINESS DAYS AFTER RECEIVING THE
REDEMPTION PAYMENT, THE TREASURER SHALL RECORD A CERTIFICATE OF
REDEMPTION PURSUANT TO THIS SUBSECTION (4) IF A CERTIFICATE OF
PURCHASE OR TAX LIEN WAS RECORDED SEPARATELY AT THE TIME OF THE
TAX LIEN SALE.
(5) ALL FEES AND COSTS OF THE TREASURER FOR ACTIONS
PERFORMED UNDER THIS SECTION AND THE COST OF RECORDING THE
CERTIFICATE OF REDEMPTION AND WITHDRAWAL OF THE APPLICATION OF
PUBLIC AUCTION ARE PART OF THE TREASURER'S COSTS FOR PURPOSES OF
THIS ARTICLE 11.5.
( 6) IF AN AGGRIEVED PERSON CONTESTS THE AMOUNT SET FORTH IN
THE REDEMPTION STATEMENT PREPARED THE BY TREASURER PURSUANT TO
SUBSECTION (2) OF THIS SECTION AND A COURT DETERMINES THAT THE
TREASURER MADE A MATERIAL MISSTATEMENT IN THE REDEMPTION
STATEMENT WITH RESPECT TO THE AMOUNT DUE AND OWING TO THE LAWFUL
PAGE 47-SENATE BILL 26-144
HOLDER, THE COURT SHALL, IN ADDITION TO OTHER RELIEF, A WARD TO THE
AGGRIEVED PERSON THE AGGRIEVED PERSON'S COURT COSTS AND
REASONABLE ATTORNEY FEES AND COSTS.
(7) (a) A PROPERTY OWNER SHALL REDEEM THE ENTIRE PROPERTY.
NO PARTIAL REDEMPTION SHALL BE PERMITTED UNDER THIS SECTION.
(b) THE PRIORITY OF LIENS OTHER THAN THE TAX LIEN FOR PURPOSES
OF THIS SECTION MUST BE DETERMINED WITHOUT CONSIDERATION OF THE
FACT THAT ANOTHER LIEN RELATES TO ONLY A PORTION OF THE PROPERTY
OR TO A PARTIAL INTEREST THEREIN.
(8) FOLLOWING EXPIRATION OF THE PERIOD FOR WHICH THE
REDEMPTION STATEMENT IS EFFECTIVE, BUT NO LESS THAN SEVEN CALENDAR
DAYS PRIOR TO THE DATE OF THE PUBLIC AUCTION, THE PROPERTY OWNER
MAY MAKE A WRITTEN REQUEST TO THE TREASURER FOR AN UPDATE OF THE
AMOUNT NECESSARY TO REDEEM. UPON RECEIPT BY THE TREASURER OF A
WRITTEN REQUEST FOR UPDATED REDEMPTION FIGURES, SUBSECTION (3) OF
THIS SECTION APPLIES.
39-11.5-107. Bid required -form of bid.
(1) (a) A TREASURER SHALL PREPARE, NO LATER THAN SEVEN
CALENDAR DAYS PRIOR TO THE SCHEDULED AUCTION DATE, A BID FORM FOR
A LAWFUL HOLDER'S APPROVAL. THE BID FORM MUST BE APPROVED BY A
LAWFULHOLDERANDSUBMITTEDTOTHETREASURERNOLATERTHANNOON
ON THE SECOND BUSINESS DAY PRIOR TO THE SCHEDULED PUBLIC AUCTION,
AS PROVIDED IN THIS SECTION, AND MUST SET FORTH ALL MONEY DUE AND
OWING TO THE LAWFUL HOLDER, INCLUDING ALL TREASURER FEES AND
COSTS.
(b) IF A LAWFUL HOLDER DOES NOT SUBMIT AN APPROVED BID FORM
BY THE DEADLINE SPECIFIED IN SUBSECTION (l)(a) OF THIS SECTION, A
TREASURER SHALL PREPARE AND SUBMIT A BID FORM SETTING FORTH ALL
MONEY DUE AND OWING TO THE LAWFUL HOLDER, INCLUDING ALL
TREASURER FEES AND COSTS.
(2) A LAWFUL HOLDER NEED NOT PERSONALLY ATTEND A PUBLIC
AUCTION.
PAGE 48-SENATE BILL 26-144
(3) A BID MUST SPECIFY THE FOLLOWING AMOUNTS, ITEMIZED IN
SUBSTANTIALLY THE FOLLOWING FORM:
BID
TREASURER OF THE COUNTY ( OR CITY AND COUNTY)
OF ______ , STATE OF COLORADO.
DATE: -------
TR E ASURER'S DEED NUMBER: ------
LAWFUL HOLDER/TREASURER, WHOSE MAILING ADDRESS
IS __________ , BIDS THE SUM OF $ _____ IN
YO U R PUBLIC AUCTION TO BE HELD ON THE DAYOF ----,20_
STREET ADDRESS OF PROPERTY BEING SOLD, IF APPLICABLE:
THE FOLLOWING IS AN ITEMIZATION OF ALL AMOUNTS DUE THE
LAWFUL HOLDER OF THE TAX LIEN.
STATUTORY RATE OF INTEREST ON TAX LIEN AS OF THE DATE OF
PUBLIC AUCTION: ----
(INAPPLICABLE ITEMS MAY BE OMITTED):
AMOUNT DUE ON TAX LIEN$ ----------1 NT ERE ST$ ----------
ENDORSEMENT ( S) $ ________ _
CURRENT YEARS TAXES $ ----------
CATEGORY SUBTOTAL$ ----------
TREASURER FEES AND COSTS:
TREASURER STATUTORY FEE$ ----------
TREASURER SOFTWARE COSTS$ --------
TITLE COMMITMENTS OR ABSTRACTOR COSTS
$ ----------
MA I LINGS$ ----------
PUBLICATION COSTS $ ----------
POSTING COSTS $ ----------
ELECTRONIC AUCTION COSTS $ ----------
CE R TI FICA TE OF OPTION FOR A TREA SURER'S DEED RECORDING COST
$ -------
TREASURER DEED FEE$ ----------
DEE D RECORDING COST$ ----------0 THE R (DESCRIBE)$ ________ _
CATEGORY SUBTOTAL:$ ----------
BID$ (TOTAL DUE LAWFUL HOLDER) ----------
PAGE 49-SENATE BILL 26-144
NAME OF THE LAWFUL HOLDER OR ATTORNEY FOR THE HOLDER: (IF
BID SUBMITTED BY LAWFUL HOLDER OR AN ATTORNEY FOR THE
LAWFUL HOLDER)
LAWFUL HOLDER/OR ATTORNEY: ------
ATTORNEY REGISTRATION NUMBER: -----
ATTORNEY ADDRESS: -----
ATTORNEY BUSINESS TELEPHONE: -----
(4) UPON RECEIPT OF AN APPROVED BID FORM FROM A LAWFUL
HOLDER, OR SUBMISSION OF A BID FORM BY A TREASURER PURSUANT TO
SUBSECTION ( 1 )(b) OF THIS SECTION, A TREASURER SHALL MAKE SUCH
INFORMATION AVAILABLE TO THE GENERAL PUBLIC.
( 5) A TREASURER SHALL ENTER A BID BY READING THE BID AMOUNT
SET FORTH ON THE BID FORM AND THE NAME OF THE PERSON THAT
SUBMITTED THE BID, OR BY POSTING OR PROVIDING THAT BID INFORMATION
AT THE TIME AND PLACE DESIGNATED FOR THE PUBLIC AUCTION.
( 6) A LAWFUL HOLDER MUST BID NO LESS THAN THE AMOUNT OF THE
TOTAL DEBT, AS DETERMINED BY THE TREASURER, FOR THE CERTIFICATE OF
PURCHASE BEING SOLD. THE FAILURE OF A LAWFUL HOLDER TO BID THE
AMOUNT REQUIRED BY THIS SECTION DOES NOT AFFECT THE VALIDITY OF THE
AUCTION.
(7) OTHER THAN A BID BY A LAWFUL HOLDER NOT EXCEEDING THE
TOT AL AMOUNT DUE, AS SHOWN ON THE BID FORM PURSUANT TO
SUBSECTION (3) OF THIS SECTION, THE PAYMENT OF ANY AMOUNT BID AT AN
AUCTION MUST BE RECEIVED BY A TREASURER NO LATER THAN THE DATE
AND TIME OF THE AUCTION, OR AT AN ALTERNATIVE TIME AFTER THE
AUCTION AND ON THE DAY OF THE AUCTION, AS SPECIFIED IN WRITING BY
THE TREASURER. A BID PAYMENT MUST BE MADE IN THE FORM SPECIFIED BY
THE TREASURER. IF A TREASURER HAS NOT RECEIVED FULL PAYMENT OF THE
BID AMOUNT FROM THE HIGHEST BIDDER AT AN AUCTION IN ACCORDANCE
WITH THIS SUBSECTION (7), THE NEXT HIGHEST BIDDER WHO TIMELY
TENDERS THE FULL AMOUNT OF THE BID UNDER THIS SUBSECTION (7) IS
DEEMED THE SUCCESSFUL BIDDER AT THE AUCTION PURSUANT TO SECTION
39-11.5-110 (4).
(8) A TREASURER MAY ESTABLISH WRITTEN POLICIES RELATING TO
ALL ASPECTS OF A PUBLIC AUCTION THAT ARE CONSISTENT WITH THE
PAGE 50-SENA TE BILL 26-144
PROVISIONS OF THIS ARTICLE 11.5. THE WRITTEN POLICIES MUST BE MADE
AVAILABLE TO THE GENERAL PUBLIC.
(9) IF A PROPERTY IS SOLD TO A THIRD-PARTY BIDDER OR A LAWFUL
HOLDER AS A COMPETITIVE BIDDER, A TREASURER MAY COLLECT UP TO
THREE HUNDRED DOLLARS FROM THE SUCCESSFUL BIDDER FOR PERFORMING
ACTIONS RELATED TO PROCESSING THE PUBLIC AUCTION PURSUANT TO
SECTION 30-1-102 (l.7)(a)(XIV).
( 10) IF A LAWFUL HOLDER IS THE HIGHEST BIDDER WITH A BID
AMOUNT THAT EXCEEDS THE TOTAL AMOUNT DUE TO THE LAWFUL HOLDER
AS SHOWN ON THE BID FORM CREATED PURSUANT TO THIS SECTION, A
LAWFUL HOLDER IS REQUIRED TO PAY ONLY THE EXCESS OF THE BID OVER
THE AMOUNT DUE. A LAWFUL HOLDER SHALL PAY THE EXCESS AMOUNT TO
THE TREASURER WITHIN THREE BUSINESS DAYS AFTER THE PUBLIC AUCTION.
39-11.5-108. Fees and costs.
( 1) ALL FEES PURSUANT TO SECTION 30-1-102 AND COSTS INCURRED
UNDER THIS ARTICLE 11.5 ARE FEES AND COSTS OF THE PUBLIC AUCTION
CHARGEABLE AS ADDITIONAL AMOUNTS OWING UNDER THE CERTIFICATE OF
PURCHASE. THE AMOUNTS MUST BE DEDUCTED FROM THE PROCEEDS OF ANY
PUBLIC AUCTION OR, IF THERE ARE NO CASH PROCEEDS FROM A PUBLIC
AUCTION ADEQUATE TO PAY THE FEES AND COSTS TO THE EXTENT OF THE
INADEQUACY, THE LAWFUL HOLDER MUST PAY THE FEES AND COSTS. THE
TREASURER MAY DECLINE TO ISSUE A TREASURER'S DEED PURSUANT TO
SECTION 39-11.5-501 UNTIL ALL MONEY DUE TO THE TREASURER HAS BEEN
PAID.
(2) FEES AND COSTS INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING AMOUNTS OF MONEY THAT HA VE BEEN PAID OR INCURRED:
(a) COSTS AND EXPENSES ALLOWABLE UNDER THE TAX LIEN;
(b) ALL EXPENSES ACTUALLY INCURRED BY THE TREASURER
CONDUCTING THE PUBLIC AUCTION, PUBLICATION COSTS, POSTING COSTS,
STATUTORY NOTICE COSTS AND POSTAGE, AND TITLE FEES;
( c) ANY GENERAL OR SPECIAL TAXES OR DITCH OR WATER
ASSESSMENTS LEVIED OR ACCRUED AGAINST THE PROPERTY AND ANY
PAGE 51-SENATE BILL 26-144
GOVERNMENTAL OR QUASI-GOVERNMENTAL LIEN, FINE, PENALTY, OR
ASSESSMENT AGAINST THE PROPERTY, IF PAID PURSUANT TO THIS ARTICLE
11.5; AND
( d) SUMS DUE ON ANY PRIOR LIEN OR ENCUMBRANCE ON THE
PROPERTY THAT CONSTITUTES A LIEN PRIOR TO THE TAX LIEN BEING
AUCTIONED; EXCEPT THAT, ANY PRINCIPAL THAT WOULD NOT HAVE BEEN
DUE PRIOR TO THE PUBLIC AUCTION MUST NOT BE INCLUDED IN THE SUM DUE
PURSUANT TO THIS SUBSECTION (2)(d) UNLESS PAID PURSUANT TO THIS
ARTICLE 11.5.
(3) IN THE CASE OF A PROPERTY OWNER REDEMPTION MADE
PURSUANT TO SECTION 39-11.5-106, LAWFUL HOLDERS' FEES AND COSTS
SPECIFYING THE AMOUNT, ITEMIZED IN SUBSTANTIALLY THE SAME FORM AS
A BID PURSUANT TO SECTION 39-11.5-107 INCLUDING TREASURER FEES AND
COSTS MUST BE INCLUDED IN THE STATEMENT OF REDEMPTION.
39-11.5-109. Public auction -timing of -electronic bid.
( 1) THE INITIAL PUBLIC AUCTION HELD PURSUANT TO THIS ARTICLE
11.5 MUST BE SCHEDULED FOR NO LESS THAN THIRTY CALENDAR DAYS NOR
MORE THAN SIXTY CALENDAR DAYS AFTER THE DATE OF MAILING THE
NOTICE OF PUBLIC AUCTION.
(2) IF A PUBLIC AUCTION IS CONDUCTED ELECTRONICALLY, A BID
MUST BE INCREASED ELECTRONICALLY IN INCREMENTS IN CORPORA TED IN AN
ELECTRONIC PROGRAM USED BY THE TREASURER TO CONDUCT THE
ELECTRONIC AUCTION UP TO THE MAXIMUM BID IF ONE OR MORE THIRD
PARTIES SUBMIT COMPETING BIDS FOR THE PROPERTY.
39-11.5-110. Public auction -location -announcement- records
-definition.
(1) (a) THE TREASURER SHALL CONDUCT THE PUBLIC AUCTION AT
ANY DOOR OR ENTRANCE TO, OR IN ANY ROOM IN ANY BUILDING
TEMPORARILY OR PERMANENTLY USED AS, A COURTHOUSE OR AT OR WITHIN
ANYBUILDINGWHERETHEOFFICEOFTHECOUNTYCLERKANDRECORDEROR
THE OFFICE OF THE TREASURER IS LOCATED, WHICH PLACE MUST BE
SPECIFICALLYDESIGNATEDINTHENOTICEOFPUBLICAUCTION;EXCEPTTHAT
A PUBLIC AUCTION MAY ALSO BE CONDUCTED BY MEANS OF THE INTERNET
PAGE 52-SENATE BILL 26-144
OR OTHER ELECTRONIC MEDIUM. THE COUNTY, THE TREASURER, AND
EMPLOYEES OF THE COUNTY OR THE TREASURER, ACTING IN THEIR OFFICIAL
CAPACITIES IN PREPARING, CONDUCTING, AND EXECUTING A PUBLIC AUCTION
UNDER THIS ARTICLE 11.5 BY MEANS OF THE INTERNET OR ANOTHER
ELECTRONIC MEDIUM, ARE NOT LIABLE FOR THE FAILURE OF A DEVICE THAT
PREVENTS A PERSON FROM PARTICIPATING IN A PUBLIC AUCTION UNDER THIS
ARTICLE 11.5.
(b) As USED IN SUBSECTION (l)(a) OF THIS SECTION, "DEVICE"
INCLUDES, BUT IS NOT LIMITED TO, ANY COMPUTER HARDWARE, COMPUTER
NETWORK, COMPUTER SOFTWARE APPLICATION, OR WEBSITE.
( c) A NOTICE OF PUBLIC AUCTION MUST DESIGNATE THE ACTUAL
PLACE OF THE AUCTION OR, IF THE PUBLIC AUCTION IS CONDUCTED BY MEANS
OF THE INTERNET OR ANOTHER ELECTRONIC MEDIUM, THE INFORMATION
PRESCRIBED BY SECTION 39-11.5-105 (3).
(2) (a) AT A PUBLIC AUCTION, A TREASURER MUST READ ONLY THE
TREASURER'S DEED NUMBER; THE NAME OF THE LAWFUL HOLDER; THE
STREET ADDRESS OR, IF NONE, THE LEGAL DESCRIPTION OF THE PROPERTY;
THE FIRST AND LAST PUBLICATION DATES OF THE NOTICE OF PUBLIC
AUCTION, IF APPLICABLE; AND, IN ACCORDANCE WITH THE BID FORM
SUBMITTED PURSUANT TO SECTION 3 9-11.5-107 (3 ), THE AMOUNT OF THE BID
AND THE NAME OF THE PERSON WHO SUBMITTED THE BID.
(b) IN LIEU OF READING THE INFORMATION REQUIRED BY SUBSECTION
(2)(a) OF THIS SECTION, A TREASURER MAY POST THE INFORMATION AT THE
LOCATION OF THE PUBLIC AUCTION, PROVIDE A WRITTEN COPY OF THE
INFORMATION TO ALL PERSONS PRESENT AT THE PUBLIC AUCTION, OR POST
THE INFORMATION ON THE INTERNET OR OTHER ELECTRONIC MEDIUM, IF THE
PUBLIC AUCTION IS CONDUCTED BY MEANS OF THE INTERNET OR ANOTHER
ELECTRONIC MEDIUM.
(3) ( a) A TREASURER, ACTING IN THEIR INDIVIDUAL CAPACITY, MUST
NOT BID AT A PUBLIC AUCTION HELD PURSUANT TO THIS SECTION.
(b) THIS SUBSECTION (3) DOES NOT APPLY WHERE THE PROPERTY
SUBJECT TO TAX LIEN IS MINERAL RIGHTS AND A TREASURER IS THE SURFACE
OWNER OF SAID MINERAL RIGHTS.
PAGE 53-SENATE BILL 26-144
( 4) AT ANY TIME BEFORE THE COMMENCEMENT OF A PUBLIC
AUCTION, A TREASURER MAY, FOR GOOD CAUSE SHOWN, PROHIBIT A PERSON
FROM PARTICIPATING IN A PUBLIC AUCTION. GOOD CAUSE MAY INCLUDE, BUT
IS NOT LIMITED TO, FAILURE TO COMPLY WITH AUCTION PROCEDURES OR
POLICIES ESTABLISHED BY THE TREASURER, OR ENGAGING IN DISRUPTIVE,
ABUSIVE, FRAUDULENT, OR THREATENING BEHAVIOR. A TREASURER MAY
PROHIBIT A PERSON FROM PARTICIPATING IN ANY PUBLIC AUCTION
CONDUCTED UNDER THIS ARTICLE 11.5 FOR A PERIOD OF NOT MORE THAN
FIVE YEARS.
(5) (a) IF A PERSON BIDDING FAILS TO PAY THE AMOUNT DUE, A
TREASURER MAY OFFER A CERTIFICATE OF OPTION FORA TREASURER'S DEED,
WITHOUT ADDITIONALADVERTISEMENT, TOANOTHERBIDDER, WHETHER OR
NOT THE PUBLIC AUCTION HAS CLOSED; OR MAY AGAIN OFFER AND SELL A
CERTIFICATE OF PURCHASE ON SUCH PROPERTY; OR, AT A TREASURER'S
OPTION, THE TREASURER MAY RECOVER THE AMOUNT BID BY CIVIL ACTION
BROUGHT IN THE NAME OF THE COUNTY IN ANY COURT OF COMPETENT
JURISDICTION.
(b) IN A PUBLIC AUCTION CONDUCTED BY MEANS OF THE INTERNET
OR OTHER ELECTRONIC MEDIUM, IF A PERSON BIDDING FAILS TO PAY THE
AMOUNT DUE, A TREASURER MAY OFFER THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED, WITHOUT ADDITIONAL ADVERTISEMENT, TO ANOTHER
BIDDER, WHETHERORNOTTHEPUBLICAUCTIONHASCLOSED;ORMAY AGAIN
OFFER AND SELL A CERTIFICATE OF PURCHASE ON THE PROPERTY; OR AT A
TREASURER'S DISCRETION, THE TREASURER MAY RECOVER THE AMOUNT BID
BY CIVIL ACTION BROUGHT IN THE NAME OF THE COUNTY IN ANY COURT OF
COMPETENT JURISDICTION.
(c) A TREASURER MAY PROHIBIT A PERSON WHO FAILS TO PAY THE
AMOUNT DUE FROM BIDDING ON PUBLIC AUCTIONS UNDER THIS ARTICLE 11.5
FOR NOT MORE THAN FIVE YEARS.
(6) WHENEVER A TREASURER SELLS PROPERTY, THE TREASURER
SHALLCREATEANDSENDFORRECORDINGINTHERECORDSOFTHEOFFICEOF
THE CLERK A CERTIFICATE OF OPTION FOR TREASURER'S DEED PURSUANT TO
SECTION 39-11.5-401.
39-11.5-111. Continuance of public auction - effect of
bankruptcy -withdrawal of application.
PAGE 54-SENATE BILL 26-144
(1) (a) FOR ANY REASON DEEMED BY A TREASURER TO BE GOOD
CAUSE OR UPON WRITTEN REQUEST BY A LAWFUL HOLDER, AT ANY TIME
BEFORE COMMENCEMENT OF A PUBLIC AUCTION, A TREASURER MAY
CONTINUE A PUBLIC AUCTION TO A LATER DATE BY MAKING, AT THE TIME
AND PLACE DESIGNATED FOR THE PUBLIC AUCTION, AN ORAL
ANNOUNCEMENT OF THE TIME AND PLACE OF SUCH CONTINUANCE, OR BY
POSTING OR PROVIDING A NOTICE OF THE CONTINUANCE AT THE TIME AND
PLACE DESIGNATED FOR THE PUBLIC AUCTION, WHICH NOTICE MUST INCLUDE
THE TIME AND PLACE TO WHICH THE PUBLIC AUCTION IS CONTINUED. EXCEPT
AS PROVIDED IN SUBSECTION (2)(b )(I) OF THIS SECTION, A PUBLIC AUCTION
THAT IS NOT HELD ON THE THEN-SCHEDULED PUBLIC AUCTION DATE AND IS
NOT CONTINUED FROM THE THEN-SCHEDULED PUBLIC AUCTION DATE
PURSUANT TO THIS SUBSECTION (l)(a) IS DEEMEDTOHAVEBEENCONTINUED
FOR A PERIOD OF ONE WEEK, AND FROM WEEK TO WEEK THEREAFTER IN LIKE
MANNER, UNTIL THE PUBLIC AUCTION IS HELD OR OTHERWISE CONTINUED
PURSUANT TO THIS SUBSECTION (l)(a). A TREASURER MUST NOT CONTINUE
A PUBLIC AUCTION TO A DATE LATER THAN TWELVE MONTHS FROM THE
ORIGINALLY DESIGNATED DATE IN THE NOTICE OF PUBLIC AUCTION, EXCEPT
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION.
(b) AT THE REQUEST OF A LAWFUL HOLDER OR UPON A TREASURER'S
OWN INITIATIVE, A TREASURER SHALL CORRECT ANY ERRORS IN A PUBLISHED
NOTICE OF PUBLIC AUCTION AND SHALL CONTINUE THE THEN-SCHEDULED
PUBLIC AUCTION TO A FUTURE DATE WITHIN THE PERIOD OF CONTINUANCE
ALLOWED BY THIS SUBSECTION ( 1) TO PERMIT A CORRECTED NOTICE OF
PUBLIC AUCTION TO BE PUBLISHED OR THE ORIGINAL NOTICE OF PUBLIC
AUCTION TO BE REPUBLISHED PURSUANT TO SECTION 39-11.5-105 ( 4 ). IF A
TREASURER FAILED TO PUBLISH THE NOTICE OF PUBLIC AUCTION AS
REQUIRED BY SECTION 39-11.5-105 (4), THE TREASURER SHALL CONTINUE
THE THEN-SCHEDULED PUBLIC AUCTION TO A FUTURE DATE WITHIN THE
PERIODOFCONTINUANCEALLOWEDBY SUBSECTION (l)(a) OF THIS SECTION.
A FUTURE PUBLIC AUCTION DATE TO WHICH A TREASURER CONTINUES A
PUBLIC AUCTION PURSUANT TO THIS SUBSECTION ( 1 )(b) MUST BE NO LATER
THAN THIRTY CALENDAR DAYS AFTER THE THIRD PUBLICATION OF A
CORRECTED NOTICE OF PUBLIC AUCTION OR REPUBLICATION OF THE NOTICE
OF PUBLIC AUCTION. THE TREASURER SHALL MAIL BY FIRST CLASS MAIL A
COPY OF THE NOTICE OF PUBLIC AUCTION, OR CORRECTED NOTICE OF PUBLIC
AUCTION IF THE ORIGINAL NOTICE OF PUBLIC AUCTION WAS ERRONEOUS, TO
THE PERSONS AND ADDRESSES ON THE MAILING LIST NO MORE THAN TEN
CALENDAR DAYS AFTER THE FIRST CORRECTED PUBLICATION OR
PAGE 55-SENATE BILL 26-144
REPUBLICATION AND NO LESS THAN FORTY-FIVE CALENDAR DAYS PRIOR TO
THE NEWLY SCHEDULED PUBLIC AUCTION IN THE SAME MANNER AS SET
FORTH IN SECTION 39-11.5-105.
(2) (a) IF ALL PUBLICATIONS OF A NOTICE OF PUBLIC AUCTION
PRESCRIBED BY SECTION 39-11.5-105 (4) OR 13-56-201 (1) HAVE BEEN
COMPLETED BEFORE ANY INJUNCTION OR BANKRUPTCY PETITION IS FILED
WHICH AUTOMATICALLY ST A YS THE TREASURER FROM CONDUCTING THE
PUBLIC AUCTION, THE TREASURER SHALL ANNOUNCE, POST, OR PROVIDE
NOTICE OF THAT FACT ON THE THEN-SCHEDULED PUBLIC AUCTION DATE,
TAKE NO ACTION AT THE THEN-SCHEDULED PUBLIC AUCTION, AND ALLOW
THE PUBLIC AUCTION TO BE AUTOMATICALLY CONTINUED FROM WEEK TO
WEEK IN ACCORDANCE WITH SUBSECTION (l)(a) OF THIS SECTION, UNLESS
OTHERWISE REQUESTED IN WRITING PRIOR TO ANY SUCH PUBLIC AUCTION BY
THE LAWFUL HOLDER.
(b) (I) IF THE PUBLICATIONS OF A NOTICE OF PUBLIC AUCTION
PRESCRIBED BY SECTION 39-11.5-105 (4) OR 13-56-201 (1) HAVE NOT
COMMENCED, OR IF ALL THE PUBLICATIONS HA VE NOT BEEN COMPLETED,
BEFORE THE DATE THAT AN INJUNCTION ORA BANKRUPTCY PETITION IS FILED
WHICH AUTOMATICALLY STAYS THE TREASURER FROM CONDUCTING THE
PUBLIC AUCTION, THE TREASURER SHALL IMMEDIATELY CANCEL ANY
REMAINING PUBLICATIONS OF THE NOTICE OF PUBLIC AUCTION AND, ON THE
DATESETFORTHEPUBLICAUCTION,ANNOUNCE,POST,ORPROVIDEANOTICE
THAT THE PUBLIC AUCTION HAS BEEN ENJOINED OR HAS BEEN STAYED BY
THE AUTOMATIC STAY PROVISIONS OF THE FEDERAL BANKRUPTCY CODE OF
1978, TITLE 11 OF THE UNITED STATES CODE, AS AMENDED. THE PUBLIC
AUCTION MAY NOT BE CONTINUED UNDER SUBSECTION (l)(a) OF THIS
SECTION.
(II) (A) UPON THE TERMINATION OF ANY INJUNCTION OR UPON THE
ENTRY OF A BANKRUPTCY COURT ORDER DISMISSING THE BANKRUPTCY
CASE, ABANDONING THE PROPERTY BEING SOLD, CLOSING THE BANKRUPTCY
CASE, OR GRANTING RELIEF FROM THE AUTOMATIC STAY PROVISIONS OF THE
FEDERAL BANKRUPTCY CODE OF 1978, TITLE 11 OF THE UNITED STATES
CODE, AS AMENDED, AND UPON RECEIPT OF A REQUEST OF A LAWFUL
HOLDER TO RESTART THE TREASURER'S DEED PROCESS, THE TREASURER
SHALL RERECORD THE APPLICATION FOR TREASURER'S DEED AND PROCEED
WITH ALL ADDITIONAL TREASURER'S DEED PROCEDURES PROVIDED BY THIS
ARTICLE 11.5 AS THOUGH THE TREASURER'S DEED PROCESS HAD JUST
PAGE 56-SENATE BILL 26-144
COMMENCED.
(B) IF A REQUESTTORESTARTTHEPUBLICAUCTIONIS NOT RECEIVED
BY A TREASURER WITHIN ONE YEAR FROM THE DATE OF THE TERMINATION
OF ANY INJUNCTION OR THE ENTRY OF A BANKRUPTCY COURT ORDER
DISMISSING THE BANKRUPTCY CASE, ABANDONING THE PROPERTY BEING
SOLD, CLOSING THE BANKRUPTCY CASE, OR GRANTING RELIEF FROM THE
AUTOMATIC STAY, THE PUBLIC AUCTION IS DEEMED WITHDRAWN ACCORDING
TO SUBSECTION (3 )(b) OF THIS SECTION.
(III) IF A PUBLIC AUC'PION IS HELD IN VIOLATION OF THE AUTOMATIC
STAYPROVISIONSOFTHEFEDERALBANKRUPTCYCODEOF 1978,TITLE 11 OF
THE UNITED STATES CODE, AS AMENDED, AND AN ORDER IS SUBSEQUENTLY
ENTERED BY A BANKRUPTCY COURT OF COMPETENT JURISDICTION
DISMISSING THE BANKRUPTCY, ABANDONING THE PROPERTY BEING SOLD, OR
CLOSING THE BANKRUPTCY CASE, OR AN ORDER IS SUBSEQUENTLY ENTERED
GRANTING RE LIEF FROM THE AUTOMATIC STAY PROVIDED BY THE FEDERAL
BANKRUPTCY CODE, THEN THE CERTIFICATE OF PURCHASE MUST
IMMEDIATELY BE DEEMED REINSTATED, AND THE CERTIFICATE OF PURCHASE
MUST HA VE THE SAME PRIORITY AS IF THE PUBLIC AUCTION HAD NOT
OCCURRED. IMMEDIATELY UPON REINSTATEMENT, THE APPLICATION FOR
TREASURER'S DEED SHALL BE DEEMED REVIVED.
(IV) IF A LAWFUL HOLDER NOTIFIES A TREASURER IN WRITING OF THE
ENTRY OF AN ORDER DISMISSING THE BANKRUPTCY CASE, ABANDONING THE
PROPERTY BEING SOLD, CLOSING THE BANKRUPTCY CASE, OR GRANTING
RELIEF FROM THE AUTOMATIC STAY PROVIDED BY THE FEDERAL
BANKRUPTCY CODE OF 1978, TITLE 11 OF THE UNITED STATES CODE, AS
AMENDED, NO LATER THAN FIFTY CALENDAR DAYS PRIOR TO THE LAST
POSSIBLE PUBLIC AUCTION DATE PURSUANT TO SUBSECTIONS (l)(a) AND
(2)( e) OF THIS SECTION, THE TREASURER SHALL SET A NEW PUBLIC AUCTION
DATE AT LEAST TWENTY-FOUR CALENDAR DAYS BUT NOT MORE THAN
FORTY-NINE CALENDAR DAYS AFTER THE DATE ON WHICH THE TREASURER
RECEIVES THIS NOTICE. NO LATER THAN TEN BUSINESS DAYS AFTER
RECEIVING THE NOTICE, THE TREASURER SHALL MAIL BY FIRST CLASS MAIL
AN AMENDED NOTICE OF PUBLIC AUCTION CONTAINING THE DATE OF THE
RESCHEDULED PUBLIC AUCTION TO EACH PERSON APPEARING ON THE
MAILING LIST.NO LATER THAN TWENTY CALENDAR DAYS AFTER RECEIVING
THE NOTICE, BUT NO LESS THAN TEN CALENDAR DAYS PRIOR TO THE NEW
PUBLIC AUCTION, THE TREASURER SHALL PUBLISH THE AMENDED NOTICE OF
PAGE 57-SENATE BILL 26-144
PUBLIC AUCTION, OMITTING THE COPIES OF THE STATUTES ONE TIME ONLY IN
A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE
PROPERTY IS LOCATED, SUBJECT TO THE FOLLOWING LIMITATIONS:
(A) IF THE ASSESSED VALUE OF A PROPERTY AT THE TIME OF THE
RERECORDING or AN APPLICATION FOR TREASURER'S DEED IS LESS THAN FIVE
HUNDRED DOLLARS, NO PUBLICATION IS REQUIRED; OR
(B) IF THERE IS NO NEWSPAPER OF GENERAL CIRCULATION IN A
COUNTY WHERE A PROPERTY IS LOCATED, A TREASURER SHALL POST A
NOTICE CONSPICUOUSLY IN THE OFFICES OF THE COUNTY CLERK AND
RECORDER, THE TREASURER, AND THE ASSESSOR, AND IN AT LEAST TWO
OTHER PUBLIC PLACES IN THE COUNTY SEAT.
(V) IF A LAWFUL HOLDER DOES NOT NOTIFY A TREASURER IN
WRITING OF THE ENTRY OF AN ORDER DISMISSING THE BANKRUPTCY CASE,
ABANDONING THE PROPERTY BEING SOLD, CLOSING THE BANKRUPTCY CASE,
OR GRANTING RELIEF FROM THE AUTOMATIC STAY PROVIDED BY THE
FEDERAL BANKRUPTCY CODE OF 1978, TITLE 11 OF THE UNITED STATES
CODE, AS AMENDED, WITHIN THE TIME ALLOWED UNDER SUBSECTION
(2)(b)(IV) OF THIS SECTION, THE TREASURER SHALL ADMINISTRATIVELY
WITHDRAW THE APPLICATION FOR TREASURER'S DEED PURSUANT TO
SUBSECTION (3)(b) OF THIS SECTION UPON RECEIPT OF THE ORDER
DISMISSING THE BANKRUPTCY CASE, ABANDONING THE PROPERTY BEING
SOLD, CLOSING THE BANKRUPTCY CASE, OR GRANTING RELIEF FROM THE
AUTOMATIC STAY PROVIDED BY THE FEDERAL BANKRUPTCY CODE OF 1978,
TITLE 11 OF THE UNITED STATES CODE, AS AMENDED.
(VI) ALL FEES AND COSTS OF PROVIDING AND PUBLISHING THE
AMENDED NOTICE OF PUBLIC AUCTION AND PUBLICATION ARE PART OF THE
TREASURER'S DEED COSTS.
( C) IF A PUBLIC AUCTION IS SET ASIDE BY COURT ORDER, UNLESS THE
COURT ORDER SPECIFIES OTHERWISE, THE FOLLOWING PROCEDURES APPLY:
(I) UPON RECEIPT OF THE COURT ORDER, THE TREASURER'S FEE
SPECIFIED IN SECTION 30-1-102 ( 1. 7)( a )(XII), AND THE COSTS OF RECORDING
THE COURT ORDER AS SPECIFIED IN THIS SUBSECTION (2)( C ), THE TREASURER
SHALL ATTACH TO THE ORDER A COPY OF THE CERTIFICATE OF OPTION FOR
A TREASURER'S DEED, ANY ASSIGNMENTS THEREOF, AND, IF APPLICABLE, THE
PAGE 58-SENATE BILL 26-144
TREASURER'S DEED, EACH MARKED "NULL AND VOID", AND RECORD THE
ORDER TOGETHER WITH THESE DOCUMENTS.
(II) UPON RECORDING OF THE COURT ORDER, THE CERTIFICATE OF
OPTION FOR A TREASURER'S DEED IS DEEMED CANCELED AS IF THE PUBLIC
AUCTION HAD NOT OCCURRED, AND THE CERTIFICATE OF PURCHASE IS
DEEMED FULLY REINSTATED WITH THE SAME LIEN PRIORITY AS IF THE PUBLIC
AUCTION HAD NOT OCCURRED.
(III) WITHIN TEN CALENDAR DAYS AFTER RECEIVING ALL
DOCUMENTS, FEES, AND COSTS SPECIFIED IN THIS SUBSECTION (2)(c), THE
TREASURER SHALL MAIL BY FIRST CLASS MAIL A COPY OF THE COURT ORDER
TO EACH PERSON ENTITLED TO RECEIVE THE NOTICE OF PUBLIC AUCTION
PURSUANT TO SECTION 39-11.5-104.
(IV) (A) AFTER THE RECORDING OF A COURT ORDER, THE LAWFUL
HOLDER OR THE ASSIGNEE MAY NOTIFY THE TREASURER IN WRITING TO
RESCHEDULE THE PUBLIC AUCTION WITHIN ONE YEAR OF THE ISSUANCE OF
THE ORDER. THE TREASURER SHALL SET A NEW PUBLIC AUCTION DATE AT
LEASTTHIRTYCALENDARDAYSBUTNOTMORETHANFORTY-FIVECALENDAR
DAYS AFTER THE DATE ON WHICH THE TREASURER RECEIVES NOTICE TO
SCHEDULE A NEW PUBLIC AUCTION SUBJECT TO THE REQUIREMENTS OF
SUBSECTIONS (l)(a) AND (2)(e) OF THIS SECTION, BUT NOT EARLIER THAN
THE SCHEDULED AUCTION DATE AS OF THE DATE OF THE COURT ORDER.
(B) No MORE THAN TEN CALENDAR DAYS AFTER RECEIVING NOTICE
TO SCHEDULE A NEW PUBLIC AUCTION, THE TREASURER SHALL MAIL BY FIRST
CLASS MAIL A NOTICE OF PUBLIC AUCTION SETTING FORTH THE
RESCHEDULED PUBLIC AUCTION DATE TO EACH PERSON ENTITLED TO
RECEIVE THE NOTICE OF PUBLIC AUCTION PURSUANT TO SECTION
39-11.5-104.
(C) No MORE THAN TWENTY CALENDAR DAYS AFTER RECEIVING
NOTICE TO SCHEDULE A NEW PUBLIC AUCTION, BUT NO LESS THAN TEN
CALENDAR DAYS PRIOR TO THE NEW PUBLIC AUCTION DATE, THE TREASURER
SHALL PUBLISH THE NOTICE OF PUBLIC AUCTION ONE TIME ONLY. THE
PUBLICATION MUST BE IN THE FORMAT SPECIFIED FOR PUBLICATION BY
SECTION 39-11.5-105 (4) AND IS SUBJECT TO THE SAME LIMITATIONS SET
FORTH IN SUBSECTIONS (2)(b)(IV)(A) AND (2)(b)(IV)(B) OF THIS SECTION.
PAGE 59-SENATE BILL 26-144
(D) ALL FEES AND COSTS OF A TREASURER FOR ACTIONS PERFORMED
UNDER THIS SECTION AND THE COST OF RECORDING THE COURT ORDER AND
DOCUMENTS IN CORPORA TED INTO THE COURT ORDER BY ATTACHMENT ARE
PART OF THE TREASURER'S DEED COSTS.
(E) AFTER A PUBLIC AUCTION HAS BEEN SET ASIDE AND
SUBSEQUENTLY RESCHEDULED PURSUANT TO THIS SUBSECTION (2)( c )(IV),
THE PUBLIC AUCTION MAY BE CONTINUED IN ACCORDANCE WITH
SUBSECTIONS (l)(a) AND (2)(e) OF THIS SECTION.
(F) IF A WRITTEN REQUEST TO RESCHEDULE A PUBLIC AUCTION IN
ACCORDANCE WITH THIS SUBSECTION (2) IS NOT RECEIVED BY THE
TREASURER WITHIN ONE YEAR OF THE ISSUANCE OF AN ORDER, AN
APPLICATION FOR TREASURER'S DEED MUST BE WITHDRAWN ACCORDING TO
SUBSECTION (3 )(b) OF THIS SECTION.
(V) NOTHING IN THIS SECTION PREVENTS A LAWFUL HOLDER FROM
SEEKING A RESCISSION OF SALE PURSUANT TO SECTION 39-11.5-114 IF THE
REQUIREMENTS IN THAT SECTION ARE MET.
(d) THE PERIOD FOR WHICH A PUBLIC AUCTION MAY BE CONTINUED
UNDER THIS SUBSECTION (2) MUST BE IN ADDITION TO THE TWELVE-MONTH
PERIOD OF CONTINUANCE PROVIDED BY SUBSECTION ( 1) OF THIS SECTION.
(3) (a) IF A LAWFUL HOLDER FILES WITH A TREASURER, PRIOR TO A
PUBLIC AUCTION, A WRI1TEN WITHDRAWAL OF AN APPLICATION FOR
TREASURER'S DEED, THE TREASURER'S DEED PROCEEDINGS TERMINATE. THE
TREASURER SHALL RECORD THE WITHDRAWAL AND COLLECT ALL FEES AND
COSTS OWED AND INCURRED, INCLUDING A WITHDRAWAL FEE IN THE
AMOUNT AUTHORIZED BY SECTION 30-1-102 (l.7)(a)(VIII).
(b) IF THERE IS NO PUBLIC AUCTION AND IF A WITHDRAWAL IS NOT
FILED WITHIN FORTY-FIVE CALENDAR DAYS AFTER THE LAST POSSIBLE
PUBLIC AUCTION DATE PERMITTED BYLAW, A T RE ASURER MAY TRANSMIT BY
MAIL OR ELECTRONIC TRANSMISSION TO A LAWFUL HOLDER A NOTICE THAT
A WITHDRAWAL OF THEIR APPLICATION FOR TREASURER'S DEED MAY BE
RECORDED BY THE TREASURER UNLESS A RESPONSE IS RECEIVED BY THE
TREASURER WITHIN THIRTY CALENDAR DAYS AFTER THE DATE THE
TREASURER'S NOTICE IS TRANSMITTED. IF A RESPONSE IS RECEIVED BY THE
TREASURER AND NO WITHDRAW AL IS FILED WITHIN FORTY-FIVE DAYS AFTER
PAGE 60-SENA TE BILL 26-144
THE NOTICE IS TRANSMITTED, THE TREASURER MAY RECORD A WITHDRAWAL
OF THE APPLICATION FOR TREASURER'S DEED. IF NO RESPONSE IS RECEIVED
BY THE TREASURER WITHIN THIRTY CALENDAR DAYS AFTER THE NOTICE IS
TRANSMITTED, THE TREASURER MAY RECORD A WITHDRAWAL OF THE
APPLICATION FOR TREASURER'S DEED AT ANY TIME AFTER THE EXPIRATION
OFTHETHIRTY-DAYNOTICEPERIOD.IFA WITHDRAWALISRECORDEDDURING
THE PENDENCY OF AN AUTOMATIC STAY IMPOSED ON A PUBLIC AUCTION
BASED ON ANY PROCEEDING FILED UNDER THE FEDERAL BANKRUPTCY CODE
OF 1978, TITLE 11 OF THE UNITED STATES CODE, AS AMENDED, THE
WITHDRAWAL IS VOID AND OF NO FORCE AND EFFECT, AND THE TREASURER
SHALL MAIL BY FIRST CLASS MAIL TO ALL PERSONS ON THE MAILING LIST A
NOTICE THAT THE WITHDRAWAL OF APPLICATION FOR TREASURER'S DEED
OCCURRED DURING THE PEND ENCY OF AN INJUNCTION OR BANKRUPTCY STAY
AND IS VOID AND OF NO FORCE AND EFFECT. THE TREASURER SHALL CAUSE
THE NOTICE TO BE RECORDED IN THE OFFICE OF THE COUNTY CLERK AND
RECORDEROFTHECOUNTYWHERETHEPROPERTYDESCRIBEDINTHENOTICE
IS LOCATED. THE LAWFUL HOLDER SHALL PAY ALL UNPAID FEES AND COSTS
OWED AND INCURRED BY THE TREASURER, AS WELL AS A WITHDRAWAL FEE
IN THE AMOUNT AUTHORIZED BY SECTION 30-1-102 (1.7)(a)(VIII). THE
AMOUNT DUE MUST ACCRUE INTEREST AT THE RATE PROVIDED BY LAW.
UNTIL ALL AMOUNTS DUE AND OWING ARE PAID, A TREASURER IS ENTITLED
TO HOLD ALL DOCUMENTATION IN THE TREASURER'S POSSESSION AND TO
WITHHOLD ALL OTHER SERVICES REQUESTED BY A LAWFUL HOLDER WITH
RESPECT TO A CERTIFICATE OF OPTION FOR A TREASURER'S DEED.
39-11.5-112. Treatment of overbid - agreement to assist in
recovery of overbid.
( 1) UPON THE EXPIRATION OF THE CLAIM FOR OVERBID MONEY
PERIOD PROVIDED IN SECTION 39-11.5-301, ANY REMAINING OVERBID MUST
BE PAID IN ORDER OF RECORDING PRIORITY TO JUNIOR LIENORS, WHO HAVE
DULY FILED A CLAIM FOR OVERBID MONEY PURSUANT TO SECTION
39-11.5-303, IN EACH CASE UP TO THE UNPAID AMOUNT OF EACH SUCH
JUNIOR LIENOR'S LIEN PLUS ALLOWABLE FEES AND COSTS. A JUNIOR LIENOR
HOLDING A LIEN THAT IS NOT ENTITLED TO CLAIM AN OVERBID MONEY BY
VIRTUE OF BEING RECORDED AFTER THE APPLICATION FOR TREASURER'S
DEED OR A LIEN OR THAT HAS NOT TIMELY FILED A CLAIM FOR OVERBID
MONEY PURSUANT TO SECTION 39-11.5-303 DOES NOT HA VE ANY CLAIM TO
ANY PORTION OF THE OVERBID. AFTER PAYMENT TO ALL JUNIOR LIENORS
ENTITLED TO RECEIVE A PORTION OF THE OVERBID PURSUANT TO THIS
PAGE 61-SENATE BILL 26-144
SECTION, ANY REMAINING OVERBID MONEY MUST BE PAID TO THE PROPERTY
OWNER.
(2) (a) IFATREASURERMAINTAINSA WEBSITE FOR THEIR OFFICE, THE
TREASURER SHALL INCLUDE THE FOLLOWING STATEMENT ON THE WEBSITE:
NOTICE TO A PROPERTY OWNER: IF YOUR PROPERTY GOES TO
A PUBLIC AUCTION AND IS PURCHASED FOR MORE THAN THE TOTAL
OWED TO THE LAWFUL HOLDER AND TO ALL OTHER JUNIOR LIEN
HOLDERS, PLEASE CONTACT THE TREASURER'S OFFICE AFTER THE
PUBLIC AUCTION BECAUSE YOU MAY HA VE MONEY DUE TO YOU.
(b) To PAY THE PROPERTY OWNER AS REQUIRED PURSUANT TO THIS
SUBSECTION (2), A TREASURER SHALL SEND A NOTICE TO THE PROPERTY
OWNER. IF THE AMOUNT OF REMAINING OVERBID IS EQUAL TO OR GREATER
THAN TWENTY-FIVE DOLLARS, THE TREASURER SHALL MAKE REASONABLE
EFFORTS TO IDENTIFY THE PROPERTY OWNER'S CURRENT MAILING ADDRESS.
THETREASURERSHALLMAILBYFIRST-CLASSMAILTOTHEPROPERTYOWNER
A NOTICE REGARDING THE REMAINING OVERBID TO THE BEST AVAILABLE
ADDRESS NO LATER THAN THIRTY CALENDAR DAYS AFTER THE EXPIRATION
OF THE CLAIM FOR OVERBID MONEY PERIOD AS PROVIDED IN SECTION
39-11.5-303 (2).
( c) ANY AGREEMENT TO PAY COMPENSATION TO RECOVER OR ASSIST
IN RECOVERING AN UNCLAIMED OVERBID TRANSFERRED TO THE
ADMINISTRATOR UNDER THIS SECTION OR TO THE COUNTY TREASURER PER
A COUNTY RESOLUTION IS ENFORCEABLE IF THE COMPENSATION TO BE PAID
UNDER THE TERMS OF THE AGREEMENT DOES NOT EXCEED TEN PERCENT OF
THE AMOUNT OF THE OVERBID MONEY AND IF ENTERED INTO AT LEAST TWO
YEARS AFTER THE DATE OF THE TRANSFER.
(3) (a) THE TREASURER SHALL HOLD ANY UNCLAIMED REMAINING
OVERBID FROM A PUBLIC AUCTION IN ESCROW FOR TWO YEARS FROM THE
DATE OF THE PUBLIC AUCTION. THE TREASURER IS ANSWERABLE TO ANY
PERSON LEGALLY ENTITLED TO THE MONEY WITHOUT INTEREST AT ANY TIME
WITHIN THE TWO-YEAR PERIOD. ANY INTEREST EARNED ON THE ESCROWED
MONEY MUST BE PAID TO THE COUNTY AT LEAST ANNUALLY. REMAINING
OVERBID CLAIMS THAT ARE FOR LESS THAN TWENTY-FIVE DOLLARS AND
THAT ARE NOT CLAIMED WITHIN SIX MONTHS FROM THE DA TE OF THE PUBLIC
AUCTION MUST BE PAID TO THE GENERAL FUND OF THE COUNTY, AND THE
PAGE 62-SENA TE BILL 26-144
MONEY PAID TO THE GENERAL FUND OF THE COUNTY BECOMES THE
PROPERTY OF THE COUNTY. REMAINING OVERBID CLAIMS FOR AMOUNTS
THAT ARE EQUAL TO OR GREATER THAN TWENTY-FIVE DOLLARS AND THAT
ARE NOT CLAIMED WITHIN TWO YEARS FROM THE DATE OF THE PUBLIC
AUCTION MAY BE UNCLAIMED PROPERTY FOR PURPOSES OF THE "REVISED
UNIFORM UNCLAIMED PROPERTY ACT", ARTICLE 13 OF TITLE 3 8, AND MUST
BE TRANSFERRED TO THE STATE TREASURER IN ACCORDANCE WITH ARTICLE
13 OF TITLE 38. AFTER UNCLAIMED REMAINING OVERBID MONEY IS
TRANSFERRED TO THE STATE TREASURER OR TO THE GENERAL FUND OF THE
COUNTY, THE TREASURER IS DISCHARGED FROM ANY FURTHER LIABILITY OR
R E SPONSIBILITY FOR THE MONEY.
(b) IF THE UNCLAIMED REMAINING OVERBID MONEY EXCEEDS FIVE
HUNDRED DOLLARS AND HAS NOT BEEN CLAIMED BY ANY PERSON ENTITLED
THERETO WITHIN SIXTY CALENDAR DAYS AFTER THE EXPIRATION OF THE
CLAIM FOR OVERBID MONEY PERIOD PROVIDED BY SECTION 39-11.5-303 (2),
THE TREASURER SHALL, WITHIN NINETY CALENDAR DAYS AFTER THE
EXPIRATION OF THE CLAIM FOR OVERBID MONEY PERIOD, PUBLISH A NOTICE,
ONE TIME ONLY, IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY
WHERE THE PROPERTY IS LOCATED. THE NOTICE MUST CONTAIN THE NAME
OF THE PROPERTY OWNER, THE PROPERTY OWNER'S ADDRESS AS GIVEN IN
THE CERTIFICATE OF PURCHASE, AND THE LEGAL DESCRIPTION AND STREET
ADDRESS, IF ANY, OF THE PROPERTY SOLD AT THE PUBLIC AUCTION. THE
NOTICE MUST ST ATE THAT AN OVERBID WAS REALIZED FROM THE PUBLIC
AUCTION AND THAT, UNLESS THE OVERBID IS CLAIMED BY THE PROPERTY
OWNER OR OTHER PERSON ENTITLED THERETO WITHIN TWO YEARS AFTER
THE PUBLIC AUCTION, THE MONEY WILL BE TRANSFERRED TO THE STATE
TREASURER FOR DISPOSITION IN ACCORDANCE WITH THE "REVISED UNIFORM
UNCLAIMED PROPERTY ACT", ARTICLE 13 OF TITLE 38. THE TREASURER
SHALL ALSO MAIL BY FIRST-CLASS MAIL A COPY OF THE NOTICE TO THE
PROPERTY OWNER AT THE BEST AVAILABLE ADDRESS.
( c) THE FEES AND COSTS OF PUBLICATION AND MAILING REQUIRED
PURSUANT TO THIS SUBSECTION (3) MUST BE PAID FROM THE OVERBID
ESCROWED BY THE T RE ASURER.
39-11.5-113. Use of electronic documents authorized.
CONSISTENT WITH THE "UNIFORM ELECTRONIC TRANSACTIONS ACT",
ARTICLE 71.3 OF TITLE 24, ANY DOCUMENT OR RECORD RELATED TO A
PAGE 63-SENA TE BILL 26-144
PUBLIC AUCTION MAY BE ACCEPTED BY THE TREASURER IN AN ELECTRONIC
FORMAT OR MAY BE MADE AVAILABLE TO THE PUBLIC BY THE TREASURER IN
AN ELECTRONIC FORMAT. THE TREASURER SHALL ESTABLISH AND
UNIFORMLY APPLY WRITTEN POLICIES FOR DETERMINING WHETHER AND THE
EXTENT TO WHICH THE TREASURER SHALL ACCEPT DOCUMENTS OR RECORDS
IN ELECTRONIC FORM; EXCEPT THAT, THE TREASURER SHALL NOT REQUIRE
THE USE OF AN ELECTRONIC FORMAT FOR ANY PURPOSE UNDER THIS ARTICLE
11.5 EXCEPT AS NECESSARY FOR SALES CONDUCTED BY MEANS OF THE
INTERNET OR ANOTHER ELECTRONIC MEDIUM.
39-11.5-114. Rescission of public auction.
(1) (a) IF THE SUCCESSFUL PURCHASER AT A PUBLIC AUCTION IS A
LAWFUL HOLDER, THEN THE LAWFUL HOLDER MAY RESCIND THE PUBLIC
AUCTION WITHOUT OBTAINING A COURT ORDER BY FILING WITH THE
TREASURER NO LATER THAN THREE BUSINESS DAYS AFTER THE DATE OF THE
PUBLIC AUCTION A NOTICE OF RESCISSION OF PUBLIC AUCTION STA TING THAT
THE PUBLIC AUCTION IS BEING RESCINDED. THE NOTICE OF RESCISSION MUST
INCLUDE THE TREASURER'S DEED NUMBER, THE DATE OF THE PUBLIC
AUCTION, THE NAME OF THE PERSON TO WHOM THE CERTIFICATE OF OPTION
FOR A TREASURER'S DEED WAS ISSUED, THE NAME OF THE ASSIGNEE, IF ANY,
THE RECORDING DATE AND RECEPTION NUMBER OR BOOK AND PAGE NUMBER
FOR THE RECORDED CERTIFICATE OF OPTION FOR A TREASURER'S DEED, AND
THE LEGAL DESCRIPTION OF THE PROPERTY SOLD. THE NOTICE MUST BE
SIGNED AND PROPERLY ACKNOWLEDGED BY THE LAWFUL HOLDER OR
ASSIGNEE OR SIGNED BY THEIR ATTORNEY.
(b) UPON RECEIPT OF A NOTICE OF RESCISSION OF A PUBLIC AUCTION,
ANY ASSIGNMENTOFTHECERTIFICATEOFOPTIONFORA TREASURER'S DEED,
THE TREASURER'S FEE FOR THE RESCISSION SPECIFIED IN SECTION 30-1-102
(1.7)(a)(IX), AND THE COSTS OF RECORDING THE NOTICE OF RESCISSION OF
A PUBLIC AUCTION, THE TREASURER SHALL RECORD THE NOTICE OF
RESCISSION OF THE PUBLIC AUCTION IN THE COUNTY RECORDS.
(2) UPON RECORDING OF A NOTICE OF RESCISSION OF PUBLIC
AUCTION BY A TREASURER, A CERTIFICATE OF OPTION FOR A TREASURER'S
DEED IS DEEMED CANCELED AS IF THE PUBLIC AUCTION HAD NOT OCCURRED,
AND THE CERTIFICATE OF PURCHASE IS DEEMED FULLY REINSTATED WITH
THE SAME LIEN PRIORITY AS IF THE PUBLIC AUCTION HAD NOT OCCURRED.
THE TREASURER SHALL CONFIRM THE REINSTATEMENT BY ENDORSEMENT ON
PAGE 64-SENATE BILL 26-144
THE CERTIFICATE OF PURCHASE SUBMITTED PURSUANT TO SECTION
39-11.5-102.
(3) WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF ALL DOCUMENTS
AND FEES AND COSTS SPECIFIED IN SUBSECTION ( 1 )(b) OF THIS SECTION, THE
TREASURER SHALL MAIL BY FIRST-CLASS MAIL A COPY OF THE NOTICE OF
RESCISSION OF THE PUBLIC AUCTION TO EACH PERSON WHO WAS ENTITLED
TO RECEIVE THE NOTICE OF THE PUBLIC AUCTION PURSUANT TO SECTION
39-11.5-104.
(4) (a) AFTER THE RECORDING OF ANOTICEOFRESCISSIONOFPUBLIC
AUCTION, A LAWFUL HOLDER OR THE ASSIGNEE MAY NOTIFY THE TREASURER
IN WRITING TO RESCHEDULE THE PUBLIC AUCTION. THE TREASURER SHALL
SET A NEW PUBLIC AUCTION AT LEAST THIRTY CALENDAR DAYS BUT NOT
MORE THAN FORTY-FIVE CALENDAR DAYS AFTER THE DATE ON WHICH THE
TREASURER RECEIVES NOTICE TO SCHEDULE A NEW PUBLIC AUCTION,
SUBJECT TO THE REQUIREMENTS OF SECTION 39-11.5-109.
(b) No LATER THAN TEN CALENDAR DAYS AFTER RECEIVING NOTICE
TO SCHEDULE A NEW PUBLIC AUCTION, THE TREASURER SHALL MAIL BY
FIRST-CLASS MAIL A NOTICE OF PUBLIC AUCTION SETTING FORTH THE
RESCHEDULED PUBLIC AUCTION DATE TO EACH PERSON WHO WAS ENTITLED
TO RECEIVE THE NOTICE OF PUBLIC AUCTION PURSUANT TO SECTION
39-11.5-104.
( c) No MORE THAN TWENTY CALENDAR DAYS AFTER RECEIVING
NOTICE TO SCHEDULE A NEW PUBLIC AUCTION, BUT NO LESS THAN TEN
CALENDAR DAYS PRIOR TO THE NEWLY SCHEDULED PUBLIC AUCTION DATE,
THE TREASURER SHALL PUBLISH THE NOTICE OF PUBLIC AUCTION ONE TIME
ONLY, SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) IF THE ASSESSED VALUE OF A PROPERTY AT THE TIME A
TREASURER RECEIVES NOTICE TO SCHEDULE A NEW PUBLIC AUCTION IS LESS
THAN FIVE HUNDRED DOLLARS, NO PUBLICATION IS REQUIRED; OR
(II) IF THERE IS NO NEWSPAPER OF GENERAL CIRCULATION IN THE
COUNTY WHERE THE PROPERTY IS LOCATED, THEN THE TREASURER SHALL
POST THE NOTICE FOR PUBLIC AUCTION CONSPICUOUSLY IN THE OFFICES OF
THE COUNTY CLERK AND RECORDER, THE TREASURER, AND THE ASSESSOR
AND IN AT LEAST TWO OTHER PUBLIC PLACES IN THE COUNTY SEAT.
PAGE 65-SENATE BILL 26-144
( d) ALL FEES AND COSTS OF A TREASURER FOR ACTIONS PERFORMED
UNDER THIS SECTION AND THE COST OF RECORDING THE NOTICE OF
RESCISSION OF PUBLIC AUCTION MUST BE PART OF THE TREASURER'S DEED
COSTS.
( e) AFTER A PUBLIC AUCTION HAS BEEN RESCINDED AND
RESCHEDULED PURSUANT TO THIS SUBSECTION ( 4 ), THE PUBLIC AUCTION
MAY BE CONTINUED IN ACCORDANCE WITH SECTION 39-11.5-111 (l)(a).
(f) IF A WRITTEN REQUEST TO RESCHEDULE THE PUBLIC AUCTION IS
NOT RECEIVED BY A TREASURER WITHIN ONE YEAR OF THE RECORDING OF A
NOTICE OF RESCISSION, AN APPLICATION FOR TREASURER'S DEED MUST BE
WITHDRAWN.
( 5) NOTHING IN THIS SECTION PREVENTS ANY PERSON FROM SEEKING
A RESCISSION OF A PUBLIC AUCTION THROUGH A COURT OF COMPETENT
JURISDICTION.
(6) CLAIMS FOR DAMAGES BY ANY PERSON ARISING OUT OF A
RESCISSION OF A PUBLIC AUCTION PURSUANT TO THIS SECTION ARE LIMITED
TO THE REASONADLE ACTUAL EXPENSES OF THE PERSON AND MUST NOT
INCLUDE ANY SPECULATIVE OR EXPECTATION DAMAGES, AWARDS, OR
CLAIMS OF ANY KIND, WHETHER LEGAL OR EQUITABLE.
(7) THE ENDORSEMENT OF THE TREASURER PURSUANT TO
SUBSECTION (2) OF THIS SECTION MUST BE IN SUBSTANTIALLY THE
FOLLOWING FORM:
THE UNDERSIGNED, AS TREASURER FOR THE COUNTY OF
-------, STATE OF COLORADO, BY THIS ENDORSEMENT,
HEREBY CONFIRMS THE REINSTATEMENT OF THIS CERTIFICATE OF
PURCHASE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
39-11.5-113, COLORADO REVISED STATUTES.
DATE:
SIGNATURE:
TREASURER
FOR THE COUNTY OF -----
STATE OF COLORADO.
39-11.5-115. Unclaimed refunds -disposition.
PAGE 66-SENATE BILL 26-144
MONEYPAYABLEASAREFUNDFOROVERPAYMENTOFAREDEMPTION
PURSUANT TO PART 1 OF THIS ARTICLE 11.5 THAT REMAINS UNCLAIMED BY
THEPROPERTYOWNERFORTWOYEARSAFTERTHEMONEYBECAMEPAYABLE
IS PRESUMED ABANDONED AND MAY BE REPORTED AND PAID TO THE STATE
TREASURER IN ACCORDANCE WITH SECTIONS 38-13-401 AND 38-13-603.
39-11.5-116. Abbreviations, letters, and figures may be used.
IN ALL ADVISEMENTS FOR THE PUBLIC AUCTION AND IN ENTRIES
REQUIRED TO BE MADE BY THE ASSESSOR, COUNTY CLERK AND RECORDER,
TREASURER, OR OTHER COUNTY OFFICERS IN LISTS, BOOKS, ROLLS,
CERTIFICATES, RECEIPTS, DEEDS, OR NOTICES, THE ASSESSOR, COUNTY CLERK
AND RECORDER, TREASURER, OR OTHER COUNTY OFFICER MAY USE LETTERS,
FIGURES, AND ABBREVIATIONS TO DENOTE TOWNSHIPS, RANGES, SECTIONS,
PARTS OF SECTIONS, LOTS, BLOCKS, DATES AND AMOUNTS OF TAXES,
DELINQUENT INTEREST, AND COSTS.
PART2
SEVERED MINERALS - RIGHT OF FIRST REFUSAL
39-11.5-201. County-held severed mineral rights -procedure -
form.
(1) ANY COUNTY IN THIS STATE HAVING IN ITS POSSESSION
CERTIFICATES OF PURCHASE RESULTING FROM A TAX LIEN SALE FOR
NONPAYMENT ON SEVERED MINERALS MAY AFTER THREE YEARS FILE AN
APPLICATION FOR TREASURER'S DEED IN THE SAME MANNER AS A LAWFUL
HOLDER OF A CERTIFICATE OF PURCHASE.
(2) NO LESS THAN THIRTY CALENDAR DAYS PRIOR TO AN ORIGINALLY
SCHEDULED PUBLIC AUCTION DATE, A TREASURER MAY MAIL BY FIRST-CLASS
MAIL A COPY OF A NOTICE OF PUBLIC AUCTION ALONG WITH A RIGHT OF FIRST
REFUSAL FORM TO THE RECORD OWNER OF THE SURFACE PROPERTY. THE
RIGHT OF FIRST REFUSAL FORM MUST BE SUBSTANTIALLY IN THE FOLLOWING
FORM:
NOTICE BY SURFACE OWNER TO EXERCISE RIGHT OF FIRST REFUSAL
TO _________ COUNTY TREASURER
UNDER THE RIGHT OF FIRST REFUSAL GRANTED TO ME BY SECTION
39-11.5-201, COLORADO REVISED STATUTES, I _____ _
(FULL NAME) DO NOW EXERCISE THE OPTION TO PURCHASE THE
PAGE 67-SENATE BILL 26-144
SEVERED MINERALS WITH THE FOLLOWING LEGAL DESCRIPTION:
INSERT LEGAL DESCRIPTION
LOCATED AT __________ (ADDRESS), IF
APPLICABLE
IN THE AMOUNT OF$ _______ (INSERT FULL AMOUNT
DUE TO REDEEM SEVERED MINERAL RIGHTS)
WHICH I SHALL PAY ON OR BEFORE _______ DATE
(DATE SHALL BE SET AT TEN BUSINESS DAYS OR NOON THE DAY
BEFORE THE CURRENTLY SCHEDULED PUBLIC AUCTION,
WHICHEVER OCCURS FIRST).
WITNESS MY SIGNATURE THIS ___ DAY OF
--------' 20_
SIGNATURE OF SURFACE OWNER(S)
(3) (a) A SURFACE OWNER HAS FOURTEEN CALENDAR DAYS FROM
THE DATE OF THE MAILING BY THE TREASURER TO FILE THE FORM
EXERCISING THE RIGHT OF FIRST REFUSAL.
(b) IF NO RESPONSE IS RECEIVED FROM A SURFACE OWNER BY THE
DEADLINE IN THIS SECTION, THE OPTION OF FIRST REFUSAL EXPIRES.
(c) UPON RECEIPT OF A RIGHT OF FIRST REFUSAL PAYMENT, A
TREASURER SHALL EXECUTE AND RECORD A WITHDRAWAL OF THE
APPLICATION FOR TREASURER'S DEED PURSUANT TO SECTION 39-11.5-111
(3).
( d) NO MORE THAN TEN BUSINESS DAYS AFTER RECEIPT OF A RIGHT
OF FIRST REFUSAL PAYMENT, A TREASURER SHALL EXECUTE AND RECORD A
CERTIFICATE OF REDEMPTION PURSUANT TO SECTION 39-11.5-106 (4).
( e) No MORE THAN TEN BUSINESS DAYS AFTER RECEIPT OF A RIGHT
OF FIRST REFUSAL PAYMENT, A TREASURER SHALL EXECUTE AND RECORD A
TREASURER'S DEED PURSUANT TO SECTION 39-11.5-501.
( t) ALL FEES AND COSTS OF A TREASURER FOR ACTIONS PERFORMED
UNDER THIS SECTION AND THE COST OF RECORDING THE CERTIFICATE OF
REDEMPTION, WITHDRAWAL OF THE APPLICATION FOR TREASURER'S DEED,
AND TREASURER'S DEED MAY BE WAIVED BY THE TREASURER.
PAGE 68-SENATE BILL 26-144
( 4) IF AN AGGRIEVED PERSON CONTESTS THE AMOUNT SET FORTH IN
THE RIGHT OF FIRST REFUSAL STATEMENT PREPARED BY A TREASURER
PURSUANT TO SUBSECTION (2) OF THIS SECTION AND A COURT DETERMINES
THAT THE TREASURER MADE A MATERIAL MISSTATEMENT ON THE FIRST
REFUSAL STATEMENT WITH RESPECT TO THE AMOUNT DUE AND OWING TO
THE COUNTY, THE COURT SHALL, IN ADDITION TO OTHER RELIEF, A WARD TO
THE AGGRIEVED PERSON THE AGGRIEVED PERSON'S COURT COSTS AND
REASONABLE ATTORNEY FEES AND COSTS.
(5) A SURFACE OWNER SHALL PURCHASE THE ENTIRE SEVERED
MINERAL PROPERTY LOCATED BENEATH THEIR PROPERTY. NO PARTIAL
PURCHASE JS PERMITTED UNDER THIS SECTION. THE PRIORITY OF LIENS FOR
PURPOSES OF THIS SECTION MUST BE DETERMINED WITHOUT CONSIDERATION
OF THE FACT THAT THE LIEN RELATES TO ONLY A PORTION OF THE PROPERTY
OR TO A PARTIAL INTEREST THEREIN.
PART3
REPURCHASE -CLAIM FOR OVERBID MONEY
39-11..5-301. Repurchase -procedure.
( l) A LAWFUL HOLDER IS ENTITLED TO REPURCHASE A CERTIFICATE
OF OPTION FOR A TREASURER'S DEED IF THE FOLLOWING REQUIREMENTS ARE
MET TO THE SATISFACTION OF THE TREASURER:
(a) THE LAWFUL HOLDER WAS NOT THE SUCCESSFUL PURCHASER AT
THE PUBLIC AUCTION;
(b) NO LATER THAN THREE BUSINESS DAYS AFTER THE DATE OF THE
PUBLIC AUCTION, THE LAWFUL HOLDER FILED A NOTICE OF INTENT TO
REPURCHASE; AND
(c) A FEE PURSUANT TO SECTION 30-1-102 (1.7)(a)(III) IS RECEIVED
BY THE TREASURER IN THE FORM SPECIFIED BY THE TREASURER.
(2) NO MORE THAN ONE BUSINESS DAY AFTER AN INTENT TO
REPURCHASE IS RECEIVED, A TREASURER SHALL NOTIFY THE CERTIFICATE OF
OPTION FOR A TREASURER'S DEED HOLDER THAT AN INTENT TO REPURCHASE
HAS BEEN FILED.
PAGE 69-SENATE BILL 26-144
(3) NO LATER THAN NOON TWO BUSINESS DAYS FOLLOWING A
NOTIFICATION OF THE CERTIFICATE OF OPTION FOR A TREASURER'S DEED
HOLDER OF THE FILING OF AN INTENT TO REPURCHASE, A CERTIFICATE OF
OPTION FOR A TREASURER'S DEED HOLDER MUST PROVIDE A SIGNED AND
ACKNOWLEDGED REPURCHASE STATEMENT TO THE TREASURER LIMITED TO:
(a) THE AMOUNT INDICATED ON THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED THAT EXCEEDS THE TOTAL DEBT OWED TO THE LAWFUL
HOLDER;
(b) INTEREST CALCULATED FROM THE DATE OF THE PUBLIC AUCTION
THROUGH THE END OF THE EIGHTH BUSINESS DAY AFTER THE PUBLIC
AUCTION, THE AMOUNT OF WHICH IS BASED ON THE INTEREST RA TE USED ON
THE BID PURSUANT TO SECTION 39-11.5-107 (3); AND
( c) ANY FEES AND COSTS INCURRED AS DEEMED REASONABLE BY THE
TREASURER.
( 4) IF A CERTIFICATE OF OPTION FOR A TREASURER'S DEED HOLDER
FAILS TO PROVIDE A REPURCHASE STATEMENT TO A TREASURER BY THE
DEADLINE, THE TREASURER SHALL PROVIDE A REPURCHASE STATEMENT TO
A LAWFUL HOLDER LIMITED TO THE AMOUNTS REQUIRED IN SUBSECTIONS
(3)(a) AND (3)(b) OF THIS SECTION, BY THE END OF THE SECOND BUSINESS
DAY AFTER THE NOTIFICATION OF THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED HOLDER PURSUANT TO SUBSECTION (3) OF THIS SECTION.
THE REPURCHASE STATEMENT MAY BE SENT TO A LAWFUL HOLDER BY MAIL,
FACSIMILE, OR OTHER ELECTRONIC MEANS.
(5) AT ANY TIME AFTER A TREASURER HAS PROVIDED A LAWFUL
HOLDER THE REPURCHASE STATEMENT, BUT NO LATER THAN NOON ON THE
EIGHTH BUSINESS DAY FOLLOWING THE PUBLIC AUCTION, THE LAWFUL
HOLDER MAY REPURCHASE THE CERTIFICATE OF OPTION FOR A TREASURER'S
DEED BY PA YING THE TREASURER THE AMOUNT REQUIRED TO REPURCHASE
IN THE FORM SPECIFIED BY THE TREASURER.
(6) UPON RECEIPT OF THE REPURCHASE FUNDS, THE TREASURER
SHALL:
(a) NOTIFY THE CERTIFICATE OF OPTION FOR A TREASURER'S DEED
HOLDER;
PAGE 70-SENATE BILL 26-144
(b) EXECUTE AND RECORD A CERTIFICATE OF REPURCHASE
PURSUANT TO SECTION 39-11.5-402; AND
( c) DISBURSE ALL REPURCHASE PROCEEDS TO THE CERTIFICATE OF
OPTION FOR A TREASURER'S DEED HOLDER IN THE AMOUNT ON THE
REPURCHASE STATEMENT WITH INTEREST THROUGH THE DATE REPURCHASE
PROCEEDS WERE RECEIVED FROM THE LAWFUL HOLDER. ANY ADDITIONAL
INTEREST PAID MUST BE REFUNDED TO THE LAWFUL HOLDER.
(7) ALL FEES AND COSTS OF A TREASURER FOR ACTIONS PERFORMED
UNDER THIS SECTION AND THE COST OF RECORDING THE CERTIFICATE OF
REPURCHASE ARE PART OF THE TREASURER'S DEED COSTS.
(8) IF AN AGGRIEVED PERSON CONTESTS THE AMOUNT SET FORTH IN
THE STATEMENT PREPARED BY A TREASURER PURSUANT TO SUBSECTION (4)
OF THIS SECTION AND A COURT DETERMINES THAT THE TREASURER MADE A
MATERIAL MISSTATEMENT ON THE REPURCHASE ST A TEMENT WITH RESPECT
TO THE AMOUNT DUE AND OWING TO THE HOLDER OF THE CERTIFICATE OF
OPTION FORA TREASURER'S DEED, THE COURT SHALL, IN ADDITION TO OTHER
RELIEF, AWARD TO THE AGGRIEVED PERSON THE AGGRIEVED PERSON'S
COURT COSTS AND REASONABLE ATTORNEY FEES AND COSTS.
(9) (a) A LAWFUL HOLDER SHALL REPURCHASE THE ENTIRE
PROPERTY. NO PARTIAL REPURCHASE SHALL BE PERMITrED UNDER THIS
SECTION.
(b) THE PRIORITY OF LIENS FOR PURPOSES OF THIS SECTION MUST BE
DETERMINED WITHOUT CONSIDERATION OF THE FACT THAT THE OTHER LIEN
RELATES TO ONLY A PORTION OF THE PROPERTY OR TO A PARTIAL INTEREST
THEREIN.
39-11.5-302. Effect of repurchase.
IF THE LAWFUL HOLDER MAKES A REPURCHASE, THE CERTIFICATE OF
REPURCHASE, DULY RECORDED, OPERA TES AS AN ASSIGNMENT TO THE
LAWFUL HOLDER OF THE EST A TE AND INTEREST ACQUIRED BY THE
PURCHASER AT THE PUBLIC AUCTION, SUBJECT TO THE RIGHTS OF OMITTED
PARTIES, AS DEFINED IN SECTION 39-11.5-505, AND PERSONS WHO MAY BE
ENTITLED SUBSEQUENTLY TO FILE A CLAIM FOR OVERBID MONEY.
PAGE 71-SENATE BILL 26-144
39-11.5-303. Claim for overbid money -procedure.
( 1) A JUNIOR LIENOR IS ENTITLED TO MAKE A CLAIM FOR OVERBID
MONEY IF THE FOLLOWING REQUIREMENTS ARE MET TO THE SATISFACTION
OF THE TREASURER:
( a) THE JUNIOR LIENOR'S LIEN APPEARS BY INSTRUMENTS THAT WERE
DULY RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE
COUNTY PRIOR TO THE RECORDING OF THE APPLICATION FOR TREASURER'S
DEED. IF A JUNIOR LIEN WAS RECORDED IN AN INCORRECT COUNTY, THE
JUNIOR LIENHOLDER'S RIGHTS UNDER THIS SECTION ARE VALID ONLY IF THE
LIEN IS RERECORDED IN THE CORRECT COUNTY AT LEAST FIFTEEN CALENDAR
DAYS PRIOR TO THE ACTUAL DATE OF THE PUBLIC AUCTION.
(b) IF A JUNIOR LIEN IS ASSIGNED, THE RIGHTS OF THE ASSIGNEE OF
THE JUNIOR LIEN TO MAKE A CLAIM FOR OVERBID MONEY ARE VALID ONLY
IF THE ASSIGNMENT OF THE JUNIOR LIEN AS DESCRIBED IN SUBSECTION ( 1 )( a)
OF THIS SECTION IS DULY RECORDED IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO THE
ACTUAL DATE OF THE PUBLIC AUCTION;
( C) THE JUNIOR LIENOR HAS, WITHIN EIGHT BUSINESS DAYS AFTER
THE PUBLIC AUCTION, FILED A CLAIM FOR OVERBID MONEY WITH THE
TREASURER;AND
( d) THE JUNIOR LIENOR HAS A TT ACHED TO THE CLAIM FOR OVERBID
MONEY:
(I) THE ORIGINAL OR A RECORDED COPY OF THE INSTRUMENT AND
ANY ASSIGNMENT OF THE JlJNIOR LIEN TO THE PERSON ATTEMPTING TO
CLAIM OVERBID MONEY. IFTHE ORIGINAL INSTRUMENT IS DELIVERED TO THE
TREASURER, THE TREASURER SHALL RETURN THE INSTRUMENT TO THE
JUNIOR LIENORAND RETAIN A COPY.
(II) A SIGNED AND PROPERLY ACKNOWLEDGED STATEMENT, OR A
SIGNED STATEMENT BY THE JUNIOR LIENOR'S ATTORNEY, SETTING FORTH THE
AMOUNT OF THE LIENOR'S JUNIOR LIEN, INCLUDING PER DIEM INTEREST,
THROUGH THE END OF THE EIGHTH BUSINESS DAY AFTER THE PUBLIC
AUCTION WITH THE SAME SPECIFICITY AND ITEMIZATION AS REQUIRED IN
SECTION 39-11.5-107.
PAGE 72-SENATE BILL 26-144
(2) No FEE MAY BE CHARGED TO A JUNIOR LIENHOLDER FOR FILING
A CLAIM FOR OVERBID MONEY PURSUANT TO THIS SECTION.
(3) ANYTIME AFTER THE NINTH BUSINESS DAY BUT NO LATER THAN
THEFIFTEENTHBUSINESSDAYFROMTHEDATEOFTHEPUBLICAUCTION,ANY
REMAINING OVERBID MONEY MUST BE PAID IN ORDER OF RECORDING
PRIORITY TO JUNIOR LIENORS, DETERMINED AS OF THE RECORDING OF THE
APPLICATION FOR TREASURER'S DEED, WHO HA VE DULY FILED A CLAIM FOR
OVERBID MONEY, IN EACH CASE UP TO THE UNPAID AMOUNT OF THE LIEN
PLUS FEES AND COSTS. AFTER PAYMENT TO ALL JUNIOR LIENORS ENTITLED
TO RECEIVE A PORTION OF THE OVERBID PURSUANT TO THIS SECTION, ANY
REMAINING OVERBID MONEY MUST BE PAID TO THE PROPERTY OWNER.
( 4) ANY REDEMPTION RIGHTS GRANTED UNDER FEDERAL LAW ARE
SEPARATE AND DISTINCT FROM A CLAIM FOR OVERBID MONEY RIGHTS
GRANTED PURSUANT TO THIS PART 3. ALL LIENS THAT ARE JUNIOR TO THE
CERTIFICATE OF PURCHASE PURSUANT TO THIS ARTICLE 11.5 MUST BE
DIVESTED BY THE PUBLIC AUCTION UNDER THIS ARTICLE 11.5, SUBJECT TO
THE CLAIM FOR OVERBID MONEY PROVIDED IN THIS PART 3. THE TREASURER
CONDUCTING A PUBLIC AUCTION UNDER THIS ARTICLE 11.5 IS NOT
DESIGNATED TO RECEIVE REDEMPTIONS UNDER FEDERAL LAW.
39-11.5-304. Lessee, easement holder, and installment contract
vendor considered as lienors - installment land contract vendee
considered as owner.
(l)(a) FORTHEPURPOSESOFTHISARTICLE 11.5,ALESSEEOFORTHE
HOLDER OF AN EASEMENT ENCUMBERING PROPERTY IS CONSIDERED A JUNIOR
LIENOR, BUT WITHOUT ANY LIEN AMOUNT, AND IS SUBJECT TO ALL
REQUIREMENTS IN THIS ARTICLE 11.5 WITH RESPECT TO JUNIOR LIENORS.
(b) THE NOTICE TO THE LESSEE OR LESSEES WHO HA VE UNRECORDED
POSSESSORY INTERESTS IN THE PROPERTY BEING SOLD AS PROVIDED FOR BY
THIS ARTICLE 11.5 ANDARTICLE37 OF THIS TITLE39 BY VIRTUE OF ANY TAX
LIEN SALE OR BY VIRTUE OF AN EXECUTION AND LEVY MUST BE MAILED TO
THE LESSEE OR LESSEES OF A SINGLE-FAMILY RESIDENCE OR A
MULTIPLE-UNIT RESIDENTIAL DWELLING. THE NOTICE MUST BE IN WRITING
AND SENT BY FIRST-CLASS MAIL. NOTICE IS COMPLETE UPON MAILING TO THE
LESSEE AT THE ADDRESS OF THE PREMISES OR BY ADDRESSING SUCH NOTICE
TO "LESSEE" FOLLOWED BY THE ADDRESS.
PAGE 73-SENATE BILL 26-144
( c) NOTHING IN THIS SECTION AFFECTS ANY RIGHTS UNDER THIS
ARTICLE 11.5 OF A LESSEE WHOSE RESIDENTIAL LEASE IS RECORDED.
(2) FOR THE PURPOSES OF THIS ARTICLE 11.5, AN INSTALLMENT LAND
CONTRACT VENDOR OF PROPERTY IS CONSIDERED A JUNIOR LIENOR FOR THE
UNPAID PORTION OF THE PURCHASE PRICE, INTEREST, AND OTHER AMOUNTS
PROVIDED UNDER THE INSTALLMENT LAND CONTRACT AND IS SUBJECT TO
ALL REQUIREMENTS IN THIS ARTICLE 11.5 WITH RESPECT TO JUNIOR LIENORS;
BUT THE INSTALLMENT LAND CONTRACT VENDOR SHALL NOT BE CONSIDERED
AN OWNER AS TO ANY PORTION OF SUCH PROPERTY.
(3) FOR THE PURPOSES OF THIS ARTICLE 11.5, AN INSTALLMENT LAND
CONTRACT VENDEE OF PROPERTY IS CONSIDERED AN OWNER EXCEPT AS TO
ANY PORTION OF SUCH PROPERTY THAT THE VEND EE MAY THEREAFTER HA VE
TRANSFERRED, AS EVIDENCED BY A RECORDED INSTRUMENT, AND THE
VENDEE IS SUBJECT TO ALL REQUIREMENTS IN THIS ARTICLE 11.5 WITH
RESPECT TO OWNERS.
PART4
CERTIFICATE OF OPTION FOR A TREASURER'S DEED
39-11.5-401. Certificate of option for a treasurer's deed -
issuance -priority.
( 1) NO LATER THAN THREE BUSINESS DAYS FROM THE DATE OF A
PUBLIC AUCTION, A TREASURER SHALL EXECUTE AND RECORD IN EACH
COUNTY WHERE A PROPERTY OR A PORTION THEREOF IS LOCATED A
CERTIFICATE OF OPTION FOR A TREASURER'S DEED CONTAINING:
(a) THE NAMES OF THE PROPERTY OWNER;
(b) THE DESCRIPTION OF THE PROPERTY;
(c) THE SUM PAID FOR THE PROPERTY;
( d) THE NAME AND MAILING ADDRESS OF THE PURCHASER;
(e) A STATEMENT THAT THE PURCHASER OR ASSIGNEE OF THE
CERTIFICATE OF OPTION FOR A TREASURER'S DEED IS ENTITLED TO A
TREASURER'S DEED AT THE EXPIRATION OF THE REPURCHASE PERIOD
PAGE 74-SENATE BILL 26-144
PROVIDED UNDER PART 3 OF THIS ARTICLE 11.5 UNLESS A REPURCHASE IS
MADE;
(f) THE TREASURER'S DEED NUMBER;
(g) THE DATE OF THE PUBLIC AUCTION; AND
(h) AN ATI'ACHED EXHIBIT THAT IS A COPY OF THE MAILING LIST
CREATED FOR THE PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-105 AND
ANY AMENDMENT TO THAT MAILING LIST, WHICH EXHIBIT MUST BE
RECORDED WITH THE CERTIFICATE OF OPTION FOR TREASURER'S DEED.
(2) THE FAILURE OF A TREASURER TO COMPLY WITH THIS SECTION
DOES NOT AFFECT THE VALIDITY OF A PUBLIC AUCTION OR VESTING OF TITLE
IN THE NAME OF THE HOLDER OF THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED OR CERTIFICATE OF REPURCHASE.
(3) THE LIEN REPRESENTED BY A CERTIFICATE OF OPTION FOR A
TREASURER'S DEED HAS THE SAME PRIORITY AS THE CERTIFICATE OF
PURCHASE SOLD AT A TAX LIEN SALE.
39-11.5-402. Certificate of repurchase -issuance.
(1) NO LATER THAN THREE BUSINESS DAYS FOLLOWING A
TREASURER'S RECEIPT OF REPURCHASE MONEY PAID PURSUANT TO SECTION
39-11.5-301, THE TREASURER SHALL EXECUTE AND RECORD IN EACH
COUNTY WHERE THE PROPERTY, OR A PORTION THEREOF, IS LOCATED A
CERTIFICATE OF REPURCHASE CONTAINING:
(a) THE NAME OF THE PURCHASER;
(b) THE NAME AND ADDRESS OF THE LAWFUL HOLDER;
(c) THE REPURCHASE AMOUNT PAID;
(d) THE DATE OF THE PUBLIC AUCTION;
( e) THE LEGAL DESCRIPTION OF THE PROPERTY;
(f) THE TREASURER'S DEED NUMBER; AND
PAGE 75-SENATE BILL 26-144
(g) A STATEMENT THAT THE LAWFUL HOLDER OR ASSIGNEE OF THE
CERTIFICATE OF REPURCHASE SHALL BE ENTITLED TO A TREASURER'S DEED
UNDER PART 3 OF THIS ARTICLE 11.5.
(2) THE FAILURE OF A TREASURER TO COMPLY WITH THIS SECTION
DOES NOT AFFECT THE VALIDITY OF THE PUBLIC AUCTION OR THE RIGHTS OF
THE GRANTEE OF A TREASU RE R'S DEED.
39-11.5-403. Certificate of repurchase -assignment.
(I) (a) A CERTIFICATE OF OPTION FOR A TREASURER'S DEED OR A
CERTIFICATE OF REPURCHASE THAT IS ISSUED TO ANY PERSON UNDER THIS
PART 4 IS ASSIGNABLE BY ENDORSEMENT THEREON OR BY SEPARATE
ASSIGNMENT, AND THE ASSIGNEE MUST BE TREATED FOR ALL PURPOSES AS
THE ORIGINAL HOLDER OF THE CERTIFICATE OF OPTION FOR A TREASURER'S
DEED OR CERTIFICATE OF REPURCHASE.
(b) A SEPARATE ASSIGNMENT OF A CERTIFICATE OF OPTION FOR A
TREASURER'S DEED OR CERTIFICATE OF REPURCHASE MUST CONTAIN:
(I) THE NAME AND ADDRESS OF THE ASSIGNEE;
(II) THE NAME AND ADDRESS OF THE ASSIGNOR;
(III) THE LEGAL DESCRIPTION OF THE PROPERTY SUBJECT TO THE
ASSIGNED CERTIFICATE;
(IV) THE NAME OF THE PROPERTY OWNER; AND
(V) THE TREASURER'S DEED NUMBER.
(2) A FEE NOTTO EXCEED TWENTY-FIVE DOLLARS MAY BE CHARGED
BY THE TREASURER TO THE ASSIGNOR OR ASSIGNEE FOR FILING AN
ENDORSEMENT OR SEPARATE ASSIGNMENT WITH THE TREASURER UNDER
THIS SECTION.
39-11.5-404. Certificate as prima facie evidence.
A CERTIFICATE OF OPTION FOR A TREASURER'S DEED OR CERTIFICATE
OF REPURCHASE OR A RECORDED COPY THE RE OF IS DEEMED TO BE PRIMA
PAGE 76-SENATE BILL 26-144
F ACIE EVIDENCE OF ALL ST A TEMENTS OR RECITALS CONTAINED THEREIN.
PARTS
ISSUANCE OF TREASURER'S DEED AND NATURE OF TITLE
39-11.5-501. Title vests upon expiration of repurchase period -
treasurer's deed -definition.
(1) UPONTHEEXPIRATIONOFTHEREPURCHASEPERIODALLOWEDTO
THE LAWFUL HOLDER UNDER PART 3 OF THIS ARTICLE 11.5 OR, UPON THE
CLOSE OF THE EIGHTH BUSINESS DAY AFTER THE PUBLIC AUCTION, TITLE TO
THE PROPERTY VESTS IN THE HOLDER OF THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED, OR IN THE HOLDER OF THE CERTIFICATE OF REPURCHASE
IN THE CASE OF A REPURCHASE. SUBJECT TO THE RIGHT TO CLAIM OVERBID
MONEY PURSUANT TO SECTION 39-11.5-303 AND THE PROVISIONS OF
SECTION 38-41-212 (2), THE TITLE IS FREE AND CLEAR OF ALL LIENS AND
ENCUMBRANCES JUNIOR TO THE CERTIFICATE OF PURCHASE. No LATER THAN
TEN BUSINESS DAYS AFTER BOTH TITLE VESTS AND THE TREASURER HAS
RECEIVED ALL STATUTORY FEES AND COSTS, THE TREASURER SHALL
EXECUTE AND RECORD A TREASURER'S DEED PURSUANT TO SECTION
39-11.5-502 TO THE HOLDER OF THE CERTIFICATE OF OPTION FOR A
TREASURER'S DEED OR, IN THE CASE OF REPURCHASE, TO THE HOLDER OF THE
CERTIFICATE OF REPURCHASE, CONFIRMING THE TRANSFER OF TITLE TO THE
PROPERTY. FAILURE OF THE TREASURER TO EXECUTE AND RECORD THE
TREASURER'S DEED OR TO RECORD THE TREASURER'S DEED WITHIN THE TIME
SPECIFIED IN THIS SUBSECTION ( 1) DOES NOT AFFECT THE VALIDITY OF THE
TREASURER'S DEED OR THE VESTING OF TITLE.
(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
A TREASURER MAY NOT INCLUDE AN ASSIGNEE AS A GRANTEE IN A
TREASURER'S DEED, UNLESS THE FOLLOWING REQUIREMENTS ARE MET:
(a) THE TREASURER HAS RECEIVED A RECORDED COPY OF THE
ASSIGNMENT EXECUTED IN ACCORDANCE WITH SECTION 39-11.5-403 WITHIN
TEN BUSINESS DAYS FROM THE DATE OF THE PUBLIC AUCTION; AND
(b) THE ASSIGNMENT WAS DATED, SIGNED, AND NOTARIZED OR
RECORDED PRIOR TO THE TIME TITLE VESTS.
(3) EXECUTION OF A TREASURER'S DEED PURSUANT TO THIS SECTION
PAGE 77-SENATE BILL 26-144
DOES NOT AFFECT THE EXISTENCE OF ANY PUBLIC OR PRIVATE ROADS~
RIGHTS-OF-WAY, CONSERVATION EASEMENTS, OTHER EASEMENTS, OR
EQUITABLE SERVITUDES THAT RUN WITH PROPERTY AND HAVE BOTH
BENEFITS AND BURDENS, ALL AS CLAIMED OR EXISTING PRIOR TO THE
EXECUTION OF THE TREASURER'S DEED.
(4) AS USED IN THIS SECTION, "REPURCHASE PERIODS" MEANS THE
PERIODS OF TIME DURING WHICH THE LAWFUL HOLDER MAY REPURCHASE
THE CERTIFICATE OF OPTION FOR A TREASURER'S DEED, AS DESCRIBED IN
SECTION 39-11.5-301 (5).
39-11.5-502. Form of treasurer's deed.
THE TREASURER'S DEED EXECUTED BY A TREASURER AFTER A PUBLIC
AUCTION MAY BE IN SUBSTANTIALLY THE FOLLOWING FORM:
THE FOLLOWING DESCRIBED REAL PROPERTY IS THE SUBJECT OF
THIS TREASURER'S DEED:
TREASURER'S DEED NUMBER: ------
LEGAL DESCRIPTION:
ALSO KNOWN BY STREET ADDRESS AS:
ASSESSOR SCHEDULE/ ACCOUNT NO: -------
ORIGINAL ASSESSED OWNER: ----------
THE TAXES ASSESSED UPON THIS PROPERTY FOR THE YEARS __ -_
REMAINED DUE AND UNPAID AT THE DATE OF THE PUBLIC TAX
LIEN SALE ("SALE");
THE _____ COUNTY TREASURER, BY VIRTUE OF THE
AUTHORITY VESTED IN THEM BYLAW, CONDUCTED THE TAX LIEN
SALE ON ______ (MONTH, DAY, YEAR) IN SUBSTANTIAL
CONFORMITY WITH STATUTORY REQUIREMENTS;
A TAX LIEN CERTIFICATE OF PURCHASE WAS ISSUED
TO , ("LAWFUL HOLDER") FOR THIS PROPERTY -------
FOR THE PAYMENT OF THE TAXES, DELINQUENT INTEREST, AND
COSTS THEN DUE AND REMAINING UNPAID;
MORE THAN THREE YEARS HA VE ELAPSED SINCE THE DA TE OF THE
TAX LIEN SALE, THE PROPERTY OWNER'S STATUTORY REDEMPTION
PERIOD HAS EXPIRED, AND THE PROPERTY HAS NOT BEEN
REDEEMED;
THE LAWFUL HOLDER FILED AN APPLICATION FOR TREASURER'S
DEED FOR THE ABOVE-DESCRIBED PROPERTY ON ______ _
PAGE 78-SENATE BILL 26-144
(MONTH, DAY, YEAR). THE APPLICATION WAS RECORDED ON
_______ (MONTH, DAY, YEAR), IN THE REAL ESTATE
RECORDS OF ______ COUNTY, COLORADO AT RECEPTION
NO. --------
THE TREASURER PROVIDED NOTICE OF THE PUBLIC AUCTION AS
REQUIRED BY LAW AND THEN PROCEEDED TO HOLD A PUBLIC
AUCTION ON ________ (MONTH,-DA Y, YEAR). AT THE
PUBLIC AUCTION, ___________ ("PURCHASER"),
WHOSE ADDRESS IS _________ , COUNTY OF
______ , STATE OF _______ , BID THE SUM OF
$ _____ FOR SAID PROPERTY. BEING THE PERSON WHO
SUBMITTED THE WINNING BID AT THE PUBLIC AUCTION AND WHO
TIMELY SUBMITTED PROPER FUNDS, THE TREASURER A WARDED A
CERTIFICATE OF OPTION FOR A TREASURER'S DEED TO THE
PURCHASER;
THE LAWFUL HOLDER SUBSEQUENTLY REPURCHASED THE
CERTIFICATE OF OPTION FOR A TREASURER'S DEED BY PA YING TO
THE TREASURER THE AMOUNT THE PURCHASER PAID AT THE PUBLIC
AUCTION, WITH INTEREST FROM THE DATE OF SALE, ALONG WITH
ALL APPLICABLE FEES OR COSTS. THE REPURCHASE WAS MADE
ON _______ (MONTH, DAY, YEAR) AND, AFTER THE
REPURCHASE OF THE ABOVE-DESCRIBED PROPERTY, THE LAWFUL
HOLDER IS ENTITLED TO A TREASURER'S DEED; OR
ON _______ (MONTH, DAY,
YEAR), ________ ("PURCHASER") ASSIGNED THE
CERTIFICATE OF OPTION FOR A TREASURER'S DEED ON THE
PROPERTY, ALONG WITH ALL RIGHTS, TITLE, AND INTEREST, TO
_______ ("ASSIGNEE") LOCATED
_________ __ (ASSIGNEE MAILING ADDRESS).
THEN, _______ (MONTH, DAY, YEAR),
------(ASSIGNEE), ASSIGNED THE SAME CERTIFICATE OF
OPTION FOR A TREASURER'S DEED AND ALL ASSOCIATED RIGHTS,
TITLE, AND INTEREST TO ________ (SECOND
ASSIGNEE), LOCATED AT ---------------
(SECOND ASSIGNEE MAILING ADDRESS), IF APPLICABLE.
ALL STATUTORY PROVISIONS PRESCRIBING THE PREREQUISITES TO
OBTAINING A TREASURER'S DEED HA VE BEEN FULFILLED AT THIS
TIME.
Now, THEREFORE, IN CONSIDERATION OF THE ABOVE, I,
__________ , TREASURER OF _____ COUNTY
PAGE 79-SENATE BILL 26-144
CONVEY TO _____________ (NAME OR
PURCHASER, LAWFUL HOLDER, OR ASSIGNEE) WHOSE ADDRESS IS
_________ , COUNTY OF ______ , STATE OF
_____ ALL RIGHT, TITLE, AND INTEREST IN THE PROPERTY,
SUBJECT TO ANY ENCUMBRANCES AND RESTRICTIONS OF RECORD.
EXECUTED ON: ---------
---------' TREASl)RER OF _____ COUNTY,
STATE OF COLORADO
(SEAL)
___________________ (SIGNATUR
E)
BY:
WHEN RECORDED, RETURN TO COUNTY TREASURER
39-11.5-503. Treasurer's deed as evidence of compliance.
A TREASURER'S DEED EXECUTED BY A TREASURER OR OTHER OFFICIAL
PURSUANT TO THIS ARTICLE 11.5 IS PRIMA FACIE EVIDENCE OF COMPLIANCE
WITH ALL STATUTORY REQUIREMENTS FOR THE PUBLIC AUCTION AND
EXECUTION OF THE TREASURER'S DEED AND EVIDENCE OF THE TRUTH OF THE
RECITALS CONTAINED IN THE TREASURER'S DEED.
39-11.5-504. Effect of treasurer's deed on certain classes of
persons.
( 1) ALL EXECUTED CERTIFICATES OF PURCHASE BY A TREASURER
MAY BE REQUESTED TO HA VE A TREASURER'S DEED IN THE MANNER
PROVIDED BY SECTION 39-11.5-102, NOTWITHSTANDING THE FACT THAT
PROPERTY MAY BE OWNED OR CONSIST OF THE ESTATE OF A DECEASED
PERSON, AMENT ALLY INCOMPETENT PERSON, OR AN IN CAP A CIT A TED PERSON
AND NOTWITHSTANDING THE DEATH, MENTAL INCOMPETENCY, OR
INCAPACITY OF ONE OR MORE OF THE OWNERS OF THE PROPERTY COVERED
BY THE CERTIFICATE OF PURCHASE.
(2) ANY SUCH TREASURER'S DEED PROCESS IS GOOD AGAINST A
MENTALLY INCOMPETENT OR AN IN CAP A CIT A TED PERSON AND AGAINST THE
HEIRS-AT-LAW, LEGATEES, DEVISEES, CREDITORS, CONSERVATORS,
GUARDIANS, PERSONAL REPRESENTATIVES, EXECUTORS, AND
ADMINISTRATORS OF ANY DECEDENT OR MENTALLY INCOMPETENT OR
INCAPACITATED PERSON AND ALL PERSONS CLAIMING BY, THROUGH, OR
PAGE 80-SENATE BILL 26-144
UNDER THE DECEDENT OR MENTALLY INCOMPETENT OR INCAPACITATED
PERSON. THE TREASURER SHALL GIVE NOTICE OF SUCH TREASURER'S DEED
PROCEEDINGS, AS PROVIDED BY LAW, TO THE PROPERTY OWNER AT THE
ADDRESS, AS THOUGH LIVING AND MENTALLY COMPETENT, TO ALL PERSONS
HA YING INTERESTS THEN OF RECORD, AND TO THE LESSEE OR LESSEES OF THE
PREMISES AS PROVIDED IN SECTION 39-11.5-104 ( 4 ). THE TREASURER SHALL
NOT BE REQUIRED TO GIVE NOTICE OF SUCH TREASURER'S DEED
PROCEEDINGS TO ANY HEIR-AT-LAW, LEGATEE, DEVISEE, CREDITOR,
CONSERVATOR, GUARDIAN, PERSONAL REPRESENTATIVE, EXECUTOR, OR
ADMINISTRATOR OF ANY DECEDENT OR MENTALLY INCOMPETENT OR
INCAPACITATED PERSON OR TO ANY PERSON CLAIMING BY, THROUGH, OR
UNDER ANY DECEDENT OR MENTALLY INCOMPETENT OR INCAPACITATED
PERSON UNLESS THE CLAIM OR lNTEREST OF THE PERSON THEN APPEARS ON
RECORD.
(3) THE INTEREST AND CLAIM IN AND TO THE REAL ESTATE OF ALL
MENTALLY INCOMPETENT OR INCAPACITATED PERSONS AND OF ALL PERSONS
CLAIMING BY, THROUGH, OR UNDER ANY MENTALLY INCOMPETENT OR
INCAPACITATED PERSON, OR DECEDENT, INCLUDING MINORS AND
INCAPACITATED PERSONS, IS TERMINATED AND CONCLUDED BY THE
TREASURER'S DEED PROCESS UNLESS THEY REDEEM FROM THE TREASURER
WITHIN THE TIME PRESCRIBED BYLAW.
39-11.5-505. Omitted party -definitions.
(I) AS USED IN THIS SECTION, "OMITTED PARTY" MEANS ANY PERSON
WHO, PRIOR TO THE RECORDING OF AN APPLICATION FOR TREASURER'S DEED
FOR A PROPERTY, HAS EITHER ACQUIRED A RECORD INTEREST IN THE
J;>ROPERTY OR HAS OBTAINED A VALID POSSESSORY INTEREST IN AND IS IN
ACTUAL POSSESSION OF THE PROPERTY, WHICH INTEREST IS JUNIOR TO THE
CERTIFICATE OF PURCHASE AND WOULD OTHERWISE BE EXTINGUISHED BY
THE TREASURER'S DEED.
(2) (a) THE INTEREST OF AN OMITTED PARTY IN PROPERTY THAT IS
THE SUBJECT OF A TREASURER'S DEED PROCESS MAY BE TERMINATED IF THE
OMITTED PARTY, OR ANYONE CLAIMING BY, THROUGH, OR UNDER AN
OMITTED PARTY, IN A CIVIL ACTION COMMENCED AT ANY TIME AFTER A
PUBLIC AUCTION, BY ANY INTERESTED PERSON, AS DEFINED IN SUBSECTION
(2)(c) OF THIS SECTION, BY AN OMITTED PARTY, OR BY ANYONE CLAIMING
BY, THROUGH, OR UNDER AN OMITTED PARTY, IS AFFORDED RIGHTS TO CLAIM
PAGE 81-SENATE BILL 26-144
OVERBID MONEY UPON SUCH TERMS THAT THE COURT MAY DEEM EQUITABLE
UNDER THE CIRCUMSTANCES, WHICH TERMS SHALL NOT, HOWEVER, BE MORE
FAVORABLE THAN THE PERSON'S STATUTORY RIGHTS. THE COURT SHALL
GIVE FULL CONSIDERATION TO WHETHER THE OMITTED PARTY OR ANYONE
CLAIMING BY, THROUGH, OR UNDER AN OMITTED PARTY WAS GIVEN OR HAD
ACTUAL NOTICE OR KNOWLEDGE OF THE TREASURER'S DEED PROCESS AND
WAS GIVEN AN OPPORTUNITY TO EXERCISE STATUTORY RIGHTS TO CLAIM
OVERBID MONEY.
(b) FOR PURPOSES OF THIS SECTION, THE LIEN THAT IS THE SUBJECT
OF THE PUBLIC AUCTION SHALL NOT BE EXTINGUISHED BY MERGER WITH THE
TITLE TO THE PROPERTY ACQUIRED PURSUANT TO SECTION 39-11.5-501
UNTIL THE INTEREST OF ANY OMITTED PARTY HAS BEEN AFFIR.MED PURSUANT
TO SUBSECTION (3) OF THIS SECTION OR HAS BEEN TERMINATED AS PROVIDED
IN SUBSECTION (2)(a) OF THIS SECTION OR BY OPERATION OF LAW. AN
OMITTED PARTY, OR ANYONE CLAIMING BY, THROUGH, OR UNDER AN
OMITTED PARTY, CANNOT EXTINGUISH THE LIEN THAT IS SUBJECT TO THE
PUBLIC AUCTION BY ENFORCEMENT OF THE LIEN OF THE OMITTED PARTY.
(c) As USED IN THIS SECTION, "INTERESTED PERSON" MEANS A
LAWFUL HOLDER OF A CERTIFICATE OF PURCHASE, A HOLDER OF A
CERTIFICATE OF OPTION FOR A TREASURER'S DEED OR CERTIFICATE OF
REPURCHASE ISSUED PURSUANT TO SECTION 39-11.5-401 OR 39-11.5-402, A
PROPERTY OWNER PURSUANT TO SECTION 39-11.5-501, OR A PERSON
CLAIMING AN INTEREST IN THE PROPERTY BY, THROUGH, OR UNDER SUCH
LAWFUL HOLDER OR PROPERTY OWNER.
(d) AN OMI'ITED PARTY, OR ANYONE CLAIMING BY, THROUGH, OR
UNDERANOMITTEDPARTY,ONLYHASAREMEDYTOCLAIMOVERBIDMONEY
AS SET FORTH IN THIS SUBSECTION (2). AN INTERESTED PERSON IS NOT ABLE
TO EXTINGUISH AN OMITTED PARTY'S INTEREST EXCEPT AS SET FORTH IN THIS
SUBSECTION (2) OR BY WRITTEN WAIVER OR AGREEMENT SIGNED BY THE
OMITTED PARTY OR ANYONE CLAIMING BY, THROUGH, OR UNDER AN
OMITTED PARTY.
(3) IF AN INTERESTED PERSON FILES WITH A TREASURER AT ANY TIME
AFTER A PUBLIC AUCTION A DOCUMENT AFFIRMING AN OMITTED PARTY'S
INTEREST IN A PROPERTY, SUBJECT TO THE TERMS, CONDITIONS, AND
PROVISIONS OF THE RECORDED INSTRUMENT FROM WHICH THE OMITTED
PARTY'S INTEREST IS DERIVED, OR IN THE CASE OF AN OMITTED PARTY THAT
PAGE 82-SENATE BILL 26-144
IS A LESSEE, SUBJECT TO THE TERMS AND CONDITIONS OF THE LEASE,
WHETHER WRITTEN OR ORAL, THE INTEREST OF THE OMITTED PARTY IN THE
PROPERTY SHALL NOT BE AFFECTED BY THE PUBLIC AUCTION, AND THE
OMITTED PARTY SHALL HAVE NO CLAIM TO ANY OVERBID MONEY.
PART6
CURATIVE PROVISIONS
39-11.5-601. Curative provisions.
(1) IF A TREASURER FAILS TO COMPLY WITH ANY OF THE NOTICE
DEADLINES SET FORTH IN THIS ARTICLE 11.5, UNLESS THE PUBLIC AUCTION
HAS ALREADY BEEN WITHDRAWN BY THE LAWFUL HOLDER OR THEIR
ATTORNEY, FOLLOWING WRITTEN NOTICE TO THE LAWFUL HOLDER OR THEIR
ATTORNEY, THE TREASURER MAY RERECORD THE APPLICATION FOR
TREASURER'S DEED, AND THE TREASURER SHALL THEREAFTER COMPLY WITH
ALL THE NOTICE DEADLINES FROM THE LAST RECORDING DATE AS SET FORTH
ON THE RERECORDED APPLICATION FOR TREASURER'S DEED AS THOUGH THE
TREASURER'S DEED PROCESS HAD BEEN COMMENCED ON THAT DATE.
(2) IN THE EVENT OF AN ERROR CONTAINED IN ANY CERTIFICATE OF
OPTION FOR A TREASURER'S DEED, CERTIFICATE OF REPURCHASE,
TREASURER'S DEED, OR OTHER R ECORDED DOCUMENT PREPARED BY THE
OFFICE OF THE TREASURER, THE TREASURER MAY CORRECT SUCH ERROR BY
EXECUTING AND RECORDING A SCRIVENER'S ERROR AFFIDAVIT AS SET FORTH
IN SECTION 38-35-109 (5).
39-11.5-602. Interaction with other law.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER JUNE
1, 2026, A PURCHASER, LAWFUL HOLDER, OR TREASURER SHALL FOLLOW THE
PROCEDURES ESTABLISHED IN THIS ARTICLE 11.5 AND SHALL NOT FOLLOW
THEPROCEDURESESTABLISHEDINARTICLE 11 OFTHISTITLE39CONCERNING
THE ISSUANCE OF A DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
ON OR AFTER JUNE 1, 2026, A TREASURER SHALL NOT ISSUE A DEED
PURSUANT TO ARTICLE 11 OF THIS TITLE 39.
SECTION 54. Effective date. This act takes effect June 1, 2026.
SECTION 55. Applicability. (1) This act applies to any fee
PAGE 83-SENATE BILL 26-144
imposed, assessed, or collected by a county treasurer on or after June 1,
2026.
(2) The reenacted and amended article 11.5 of title 39, Colorado
Revised Statutes, as set forth in this act, applies to any treasurer's deed
issued on or after June 1, 2026, regardless of the date of the tax lien sale,
application for treasurer's deed, or commencement of any related
proceeding.
SECTION 56. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 84-SENATE BILL 26-144
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
James Rashad Co]eman, Sr.
PRESIDENT OF
THE SENATE
sther van Mourik
SECRETARY OF
THE SENATE
~ie
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ .
~ saReilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED c;)V\ -n,-e.a,(..,_, Vvl°'l \ q+ 2_ou ""+ 12 :~
{'Date an Time)
OF TH Sf ATE OF COLORADO
PAGE 85-SENATE BILL 26-144