C.R.S. Section 38-38-108
Date of sale

(1)

Whenever property is to be sold following the foreclosure of any deed of trust or other lien by the officer, the initial date of sale shall be:

(a)

In the case of a sale of property by the public trustee that is not agricultural property, no less than one hundred ten calendar days nor more than one hundred twenty-five calendar days after the date of recording of the notice of election and demand;

(b)

In the case of a sale of property by the sheriff that is not agricultural property, no less than one hundred ten calendar days after the date of the recording of the lis pendens;

(c)

In the case of a sale of property by the public trustee, all of which is agricultural property, no less than two hundred fifteen calendar days nor more than two hundred thirty calendar days after the date of recording of the notice of election and demand; or

(d)

In the case of a sale of property by the sheriff, all of which is agricultural property, no less than two hundred fifteen calendar days after the date of the recording of the lis pendens.
(2)(a)(I) If it is not evident from the legal description contained in the deed of trust or other lien being foreclosed whether the property described therein is agricultural property, the officer shall make that determination no less than ten calendar days nor more than twenty calendar days after the recording of the notice of election and demand; except that the officer may make the determination at any earlier time upon presentation of acceptable evidence that the property is not agricultural property. The officer shall accept the following as evidence that the property is not agricultural property:

(A)

A certified copy of the subdivision plat containing the property or any portion thereof recorded in the office of the clerk and recorder of the county where the property or any portion thereof is located; or

(B)

A written statement by the clerk of the city, town, or city and county, dated no more than six months before the date of filing of the notice of election and demand or lis pendens with the officer, that all or a portion of the property was located within the incorporated limits of the city, town, or city and county as of the date of recording of the deed of trust or other lien or as of the date of the statement.
(C)(Deleted by amendment, L. 2016.)(I.5) The officer shall accept, as evidence that the property is agricultural property, a written statement by the assessor of the county where the property is located, dated no more than six months before the date of filing of the notice of election and demand or lis pendens with the officer, that all of the property was valued and assessed as agricultural property after the date of the recording of the deed of trust or as of the date of the statement.

(II)

The officer’s determination of whether the property is agricultural or nonagricultural property shall be binding and may be relied upon by all parties.

(b)

The statements described in sub-subparagraph (B) of subparagraph (I) and subparagraph (I.5) of paragraph (a) of this subsection (2) may be obtained and furnished at the expense of the person seeking the determination of whether the property is agricultural or nonagricultural property, which expense may be included as a portion of the fees and costs of the foreclosure.

(3)

The provisions of this section shall not apply to sales following an execution and levy.

(4)

Notwithstanding the designation of property valued and assessed as other than agricultural property according to the definition of “agricultural property” in section 38-38-100.3 (1)(c), an assessor’s nonintegral classification of two acres or less of land on which a residential improvement is located, as described in section 39-1-102 (1.6)(a)(I)(A), C.R.S., is not determinative of whether the property is agricultural for purposes of paragraphs (c) and (d) of subsection (1) and subparagraph (I.5) of paragraph (a) of subsection (2) of this section.

Source: Section 38-38-108 — Date of sale, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑38‑100.3
Definitions 38‑38‑101
Holder of evidence of debt may elect to foreclose 38‑38‑102
Recording notice of election and demand - record of sale 38‑38‑102.5
Notice prior to residential foreclosure - hotline 38‑38‑103
Combined notice - publication - providing information 38‑38‑103.1
Single point of contact - servicer to designate - duties - exemption 38‑38‑103.2
Dual tracking prohibited - notice to officer - continuation of sale pending inquiry 38‑38‑104
Right to cure when default is nonpayment - right to cure for certain technical defaults 38‑38‑105
Court order authorizing sale mandatory - notice of hearing for residential properties - definition 38‑38‑106
Bid required - form of bid 38‑38‑107
Fees and costs - definitions 38‑38‑108
Date of sale 38‑38‑109
Continuance of sale - effect of bankruptcy - withdrawal of sale 38‑38‑110
Sales by officer - location - announcement - records - electronic devices - definitions 38‑38‑111
Treatment of an overbid - agreements to assist in recovery of overbid prohibited - penalty - definition 38‑38‑112
Use of electronic documents authorized 38‑38‑113
Rescission of public trustee sale 38‑38‑114
Unclaimed refunds - disposition under “Revised Uniform Unclaimed Property Act” 38‑38‑201
Foreclosure of installments without acceleration 38‑38‑301
Holder of certificate of purchase paying charges - redemption 38‑38‑302
Redemption by lienor - procedure 38‑38‑304
Effect of redemption 38‑38‑305
Lessee, easement holder, and installment land contract vendor considered as lienors - installment land contract vendee considered as an owner 38‑38‑306
Rights of other lienors to redeem - definition 38‑38‑401
Certificate of purchase - issuance 38‑38‑401.5
Certificate - priority of lien 38‑38‑402
Certificate of redemption - issuance 38‑38‑403
Certificates assignable 38‑38‑405
Certificate as prima facie evidence 38‑38‑501
Title vests upon expiration of redemption periods - confirmation deed 38‑38‑502
Form of confirmation deed for public trustee’s sale 38‑38‑503
Form of confirmation deed for sheriff’s sale 38‑38‑504
Deed evidence of compliance 38‑38‑505
Effect of foreclosures as to certain classes of persons 38‑38‑506
Omitted parties - definitions 38‑38‑601
Receiver appointed upon application 38‑38‑602
Appointment of receiver to prevent waste 38‑38‑701
Application - use of term “foreclosure” 38‑38‑702
Limitation of officer’s liability 38‑38‑703
No waiver of or agreement to shorten right to cure 38‑38‑704
Providing information to homeowner and public 38‑38‑705
Curative provisions
Green check means up to date. Up to date

Current through Fall 2024

§ 38-38-108’s source at colorado​.gov