§ 38-37-100.5. Definitions
The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires. Source: L. 2007: Entire section added, p. 1830, § 2, effective January 1, 2008.
§ 38-37-101. Creation of the Office of Public Trustee
There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. In all counties of the second class, such public trustee shall be appointed as provided in section 38-37-102, and, in counties of all other classes, the county treasurer of the county shall be […]
§ 38-37-102. Appointment – Bond – Office
Prior to July 1, 2020, the governor shall appoint a public trustee in and for each of the counties of the second class. All appointments of public trustees by the governor in and for counties of the second class shall be for terms of four years; except that the term of a public trustee in […]
§ 38-37-103. Deputy Trustee – Successor in Office
Each public trustee may appoint deputies who shall have the same power in all respects as the public trustee. All acts of a deputy public trustee shall have the same effect as though performed by the public trustee. If a public trustee dies, resigns, or is removed from office, or if a public trustee’s term […]
§ 38-37-104. Duties of Public Trustees – Fees, Expenses, and Salaries – Reports
The public trustees of each county of this state shall perform the functions and exercise the powers conferred upon them by statute. They shall be entitled to receive as fees for such services the following sums and no other fees or perquisites: For executing a release of a deed of trust, the sum of fifteen […]
§ 38-37-105. Classification of Counties for Purposes of Regulating Fees and Salaries of Public Trustees
For the purpose of providing for and regulating the fees and salaries of public trustees, the said several counties of this state are classified with reference to population and divided into three classes, as follows: Class 1: City and county of Denver; Class 2: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and […]
§ 38-37-106. Public Trustee to Act as Successor in Trust – Additional Duties
It is the duty of all public trustees of the several counties of the state of Colorado to accept and discharge the duties of trustee or successor trustee in accordance with the provisions of section 38-34-104 and to accept and discharge those duties of the public trustee prescribed by sections 38-30-171 (3)(b) and 38-30-173 (3)(b). […]
§ 38-37-107. Fees Under Successor Trusteeship
Said public trustees, for the performance of services in section 38-37-106, shall be allowed to charge and receive only such fees as are allowed by law for the performance of like services under deeds of trust wherein such public trustees are named as trustees. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective […]
§ 38-37-108. Payments to Public Trustee – Electronic Transfers – Definition
All moneys payable to a public trustee at any foreclosure sale under the provisions of this article or upon redemption or cure pursuant to article 38 of this title shall be in the form of cash, electronic transfer to an account of the public trustee available for such purpose and in compliance with the conditions […]
§ 38-37-109. Suits Against Public Trustee
When public trustees, or county treasurers acting as trustees, are sued in their official capacity, the district attorney shall provide legal representation for the public trustees serving in such district attorney’s district, unless such legal representation is provided for otherwise. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. Editor’s note: […]
§ 38-37-110. Public Trustee Forfeits Fees for Failure to Meet Statutory Time Requirements – Validity of Foreclosure Unaffected
If the public trustee fails to meet the time requirements set forth in section 38-38-102 (1), 38-38-103 (1), or 38-38-501, the foreclosure sale and confirmation deed shall be valid notwithstanding such failure, and the public trustee shall forfeit five percent of the public trustee’s fees provided for in section 38-37-104 (1)(b)(I) and (1)(b)(V) for each […]
§ 38-37-111. Public Trustees Authorized to Cooperate and Contract With One Another and Others
One or more of the public trustees of the several counties of the state are hereby authorized and empowered to cooperate and contract with any other public trustee and with others for the purpose of providing any function, service, or facility, including legal services and representation, that are necessary and desirable to fulfill their lawful […]
§ 38-37-112. Powers of Public Trustees When Counties Are Formed or When County Boundaries Change
The public trustee of each county is declared to be the proper public trustee to issue public trustee’s deeds, certificates of purchase, certificates of redemption, releases of deeds of trust, and all other documents required of a public trustee for all property located in that public trustee’s county at the time of execution of such […]
§ 38-37-113. Checking Account – Custodial Funds
In the performance of his or her duties under this article and article 38 of this title, the public trustee of each county shall have the authority to establish and manage one or more of the following accounts: An automated clearing house account, checking account, escrow account, custodial account, similar banking services, or similar overnight […]