C.R.S. Section 38-38-306
Rights of other lienors to redeem

  • definition

(1)

A judgment creditor whose judgment has been made a lien of record and who has complied with the other conditions of a lienor required by this article may redeem as a lienor.

(2)

A mechanic’s lien claimant or any other person claiming the right to a statutory lien on real property shall have the right to redeem as a lienor despite the fact that the claim has not been reduced to judgment, if the lien or lien claim has been recorded as required or permitted by statute and the holder thereof has complied with the other conditions required of a lienor by this article. If another lienor redeems after such lien claimant, that portion of the redemption amount attributable to the claim of such lien claimant, as evidenced by such claimant’s recorded lien, shall be held in escrow by the officer until a final judgment has been entered in favor of such claimant confirming the claimant’s right to a lien and all periods for appeal have expired, whereupon there shall be paid to such claimant from the escrow the amount of the lien claim as established by the judgment, with any interest earned thereon, and the balance, if any, shall be refunded to the borrower, so long as the last redeeming lienor has otherwise been satisfied. If the claimant releases the lien or fails to establish a right to the lien, the entire escrow shall be paid to the borrower, so long as the last redeeming lienor has otherwise been satisfied. Lien claimants of equal priority, for the purposes of this subsection (2), may act in concert and be deemed to represent one claim in which they share pro rata. The right of the borrower to excess sale proceeds pursuant to a homestead exemption under section 38-41-201 is subordinate to the right of a subsequent deed of trust beneficiary for whose benefit the homestead exemption was waived.

(3)

As used in this section, “borrower” has the same meaning as set forth in section 38-38-111 (6).

Source: Section 38-38-306 — Rights of other lienors to redeem - definition, 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

§ 38-38-306’s source at colorado​.gov