C.R.S. Section 38-38-701
Application

  • use of term “foreclosure”

(1)

Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:

(a)

To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and

(b)

In the case of proceedings and actions for enforcement or foreclosure of any other types of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.

(2)

On and after October 1, 1990, in all proceedings for the foreclosure of deeds of trust and mortgages executed before July 1, 1965:

(a)

The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes 1963, as said sections existed prior to July 1, 1965, shall apply in lieu of section 38-38-302 and section 38-38-303 (1) to (3) as it existed prior to January 1, 2008; and

(b)

The provisions of section 118-9-18, Colorado Revised Statutes 1963, as in effect on July 1, 1965, and numbered as sections 38-38-103 and 38-38-104 on and after October 1, 1990, shall not apply.

(3)

Wherever the term “foreclosure”, or variations thereof, or the concept of “foreclosure” is used in or referred to in article 37, 38, or 39 of this title, it shall be deemed to include sales of real estate upon execution, unless the context otherwise requires.

(4)

If a deed of trust grants a power of sale to the public trustee but contains no provision on the manner in which the power of sale is to be exercised, the deed of trust shall not be void or voidable, and the holder of the evidence of debt may foreclose the deed of trust in accordance with the provisions of this article on the foreclosure of deeds of trust through the office of the public trustee or in the manner of a mortgage through the courts.

Source: Section 38-38-701 — Application - use of term "foreclosure", 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

§ 38-38-701’s source at colorado​.gov