2020 Colorado Revised Statutes
Title 38 - Property - Real And Personal
Article 38. Foreclosure Sales
Section 38-38-702. Limitation of officer's liability.
(1) An officer shall not have responsibility or liability for determining:
The amount or reasonableness of a bid at a sale under section 38-38-106, the amountrequired to cure under section 38-38-104, or the amount required to redeem under section 38-38302;
The accuracy of the legal description of property in a full or partial release of a deedof trust;
The accuracy or completeness of a mailing list submitted to the officer; or
The legal sufficiency of the description of the property contained in the notice ofelection and demand.
Nothing in this article shall lessen or otherwise modify the immunities and protections extended by law to an officer or to a governmental entity with which an officer is associated.
An officer shall not have responsibility or liability for unknown damage, debt, orliens when a third party seeks a judicial foreclosure and sale.
Source: L. 2006: Entire section added, p. 1477, § 32, effective January 1, 2008. L. 2009: (3) added, (HB 09-1207), ch. 164, p. 721, § 19, effective September 1.
Editor's note: The effective date for the enactment of this section by chapter 305,
Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
