C.R.S. Section 38-38-107
Fees and costs

  • definitions


All fees and costs of every kind and nature incurred under the provisions of articles 37 to 39 of this title shall be fees and costs of the sale chargeable as additional amounts owing under the deed of trust or other lien being foreclosed. The amounts shall be deducted from the proceeds of any sale, or, if there are not cash proceeds from a sale adequate to pay such amounts, to the extent of the inadequacy, the amounts shall be paid by the holder of the evidence of debt. The officer may decline to issue the confirmation deed pursuant to section 38-38-501 until all sums due to the officer have been paid.
(2)(Deleted by amendment, L. 2006, p. 1455, § 13; L. 2007, p. 1849, § 27, effective January 1, 2008.)(3) Fees and costs include but are not limited to the following amounts that have been paid or incurred:


Costs and expenses allowable under the evidence of debt, deed of trust, or other lien being foreclosed; and


Reasonable attorney fees and the costs incurred by the holder or the attorney for the holder in enforcing the evidence of debt, the deed of trust, or other lien being foreclosed or in defending, protecting, and insuring the holder’s interest in the foreclosed property or any improvements on the property, including but not limited to:


All expenses actually incurred by the officer conducting the sale, publication costs, statutory notice costs and postage, and appraisal fees;


Any general or special taxes or ditch or water assessments levied or accruing against the property and any governmental or quasi-governmental lien, fine, penalty, or assessment against the property;


The premiums on any property, casualty, general liability, or title insurance acquired to protect the holder’s interest in the property or improvements on the property;


Sums due on any prior lien or encumbrance on the property, including the portion of an assessment by a homeowners’ association that constitutes a lien prior to the lien being foreclosed; except that any principal that would not have been due in the absence of acceleration shall not be included in the sum due unless paid after the expiration of the time to cure the indebtedness pursuant to this article;


If the property is subject to a lease, all sums due under the lease;


The reasonable costs and expenses of defending, protecting, securing, and maintaining and repairing the property and the holder’s interest in the property or the improvements on the property, receiver’s fees and expenses, inspection fees, court costs, attorney fees, and fees and costs of the attorney in the employment of the owner of the evidence of debt;


Costs and expenses made pursuant to a valid order from a court of competent jurisdiction to bring the property and the improvements on the property into compliance with the federal, state, county, and local laws, ordinances, and regulations affecting the property, the improvements on the property, or the use of the property; and


Other costs and expenses that may be permitted by the deed of trust, mortgage, or other lien securing the debt or that may be authorized by a court of competent jurisdiction.


As used in this subsection (3), “holder” means the holder of the certificate of purchase, the holder of the certificate of redemption, or the holder of the evidence of debt.


In the case of a redemption, the fees and costs listed in subsection (3) of this section that the holder of the certificate of purchase or certificate of redemption has paid or incurred as of the time of filing of the statement for redemption are allowable and shall be included in the statement of redemption if such amounts have not been included in a prior bid or statement of redemption.


Notwithstanding the provisions of subsections (1), (3), and (4) of this section, a holder of an evidence of debt, certificate of purchase, or certificate of redemption shall not accept from a provider of services or products related to property inspection, broker’s price opinion, title report, appraisal, insurance, repair, or maintenance or from an agent or affiliate of the provider any payment, benefit, or remuneration of any kind, whether in the form of cash, employee, advertising, computer program or service, bank deposit, or other good or service in connection with a foreclosure in which a property inspection, broker’s price opinion, title report, appraisal, insurance, repair, or maintenance service or product of the provider or an agent or affiliate of the provider was used, unless the total value of all payment, benefit, or remuneration received by the holder from the provider of the service or product is shown and credited against amounts owed to the holder in each bid, cure statement, or redemption statement.

Source: Section 38-38-107 — Fees and costs - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

Holder of evidence of debt may elect to foreclose
Recording notice of election and demand - record of sale
Notice prior to residential foreclosure - hotline
Combined notice - publication - providing information
Single point of contact - servicer to designate - duties - exemption
Dual tracking prohibited - notice to officer - continuation of sale pending inquiry
Right to cure when default is nonpayment - right to cure for certain technical defaults
Court order authorizing sale mandatory - notice of hearing for residential properties - definition
Bid required - form of bid
Fees and costs - definitions
Date of sale
Continuance of sale - effect of bankruptcy - withdrawal of sale
Sales by officer - location - announcement - records - electronic devices - definitions
Treatment of an overbid - agreements to assist in recovery of overbid prohibited - penalty - definition
Use of electronic documents authorized
Rescission of public trustee sale
Unclaimed refunds - disposition under “Revised Uniform Unclaimed Property Act”
Foreclosure of installments without acceleration
Holder of certificate of purchase paying charges - redemption
Redemption by lienor - procedure
Effect of redemption
Lessee, easement holder, and installment land contract vendor considered as lienors - installment land contract vendee considered as an owner
Rights of other lienors to redeem - definition
Certificate of purchase - issuance
Certificate - priority of lien
Certificate of redemption - issuance
Certificates assignable
Certificate as prima facie evidence
Title vests upon expiration of redemption periods - confirmation deed
Form of confirmation deed for public trustee’s sale
Form of confirmation deed for sheriff’s sale
Deed evidence of compliance
Effect of foreclosures as to certain classes of persons
Omitted parties - definitions
Receiver appointed upon application
Appointment of receiver to prevent waste
Application - use of term “foreclosure”
Limitation of officer’s liability
No waiver of or agreement to shorten right to cure
Providing information to homeowner and public
Curative provisions
Green check means up to date. Up to date

Current through Fall 2024

§ 38-38-107’s source at colorado​.gov