§ 38-38-501. Title Vests Upon Expiration of Redemption Periods – Confirmation Deed
Upon the expiration of all redemption periods allowed to all lienors entitled to redeem under part 3 of this article or, if there are no redemption periods, upon the close of the officer’s business day eight business days after the sale, title to the property sold shall vest in the holder of the certificate of […]
§ 38-38-502. Form of Confirmation Deed for Public Trustee’s Sale
The confirmation deed executed by the public trustee in a foreclosure sale may be in substantially the following form: THIS DEED is made , 20 , between as the public trustee of the County of , Colorado, and , grantee, (the holder of the certificate of purchase) (the holder of the certificate of redemption issued […]
§ 38-38-503. Form of Confirmation Deed for Sheriff’s Sale
The confirmation deed executed by the sheriff in case of a sale by virtue of an execution and levy or judgment and decree shall state the judgment under which the property described was sold and the execution or decree date and may be in substantially the following form: THIS DEED is made , 20 , […]
§ 38-38-504. Deed Evidence of Compliance
Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed. Source: L. 90: Entire article R&RE, p. 1672, § 2, effective October […]
§ 38-38-505. Effect of Foreclosures as to Certain Classes of Persons
All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section 38-38-101, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, or an incapacitated person and notwithstanding the death, mental incompetency, or […]
§ 38-38-506. Omitted Parties – Definitions
As used in this section, “omitted party” means any person who: Prior to the recording of the notice of election and demand or lis pendens, has either acquired a record interest in the property or has obtained a valid possessory interest and is in actual possession of the property, which interest is junior to the […]
§ 38-38-601. Receiver Appointed Upon Application
When an action or proceeding has been commenced to foreclose a mortgage, trust deed, or other instrument securing an indebtedness, a receiver of the property affected shall be appointed upon application at any time prior to the sale, if it appears that the security is clearly inadequate or that the premises are in danger of […]
§ 38-38-602. Appointment of Receiver to Prevent Waste
During the period of redemption, the owner of the premises or the person in possession shall not commit waste, and the purchaser shall have such action or remedy for waste, including injunction, as he would have as owner of the premises. During such period, the owner of the premises shall keep the premises in repair, […]
§ 38-38-701. Application – Use of Term “Foreclosure”
Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply: To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and In the case of proceedings and actions for enforcement or foreclosure of any other types of […]
§ 38-38-305. Lessee, Easement Holder, and Installment Land Contract Vendor Considered as Lienors – Installment Land Contract Vendee Considered as an Owner
For the purposes of this article, a lessee of, or the holder of an easement encumbering, property shall be considered as a lienor, but without any lien amount, and shall be subject to all requirements in this article with respect to lienors. If a subsequent lienor redeems from the redemption of a lessee or easement […]