2021 Colorado Code
Title 38 - Property - Real and Personal
Article 37 - Office of Public Trustee
§ 38-37-106. Public Trustee to Act as Successor in Trust - Additional Duties
- It is the duty of all public trustees of the several counties of the state of Colorado to accept and discharge the duties of trustee or successor trustee in accordance with the provisions of section 38-34-104 and to accept and discharge those duties of the public trustee prescribed by sections 38-30-171 (3)(b) and 38-30-173 (3)(b).
- Whenever any deed of trust names the wrong public trustee or omits the name of the county of the public trustee in a deed of trust containing a grant to a public trustee and a provision for a power of sale, the public trustee of each county where the property or any portion thereof is located shall act as a successor public trustee or as if the public trustee and county were named in the deed of trust. A public trustee so acting shall have all powers, authority, and duties as if originally named in such deed of trust with respect to the portion of the property located in such county.
History. Source: L. 90: Entire article R&RE, p. 1651, § 1, effective October 1. L. 92: (2) amended, p. 2089, § 1, effective July 1. L. 93: (1) amended, p. 865, § 43, effective July 1, 1994. L. 96: (1) amended, p. 1330, § 54, effective June 1. L. 98: (1) amended, p. 628, § 42, effective July 1. L. 2006: (2) amended, p. 1436, § 2, effective July 1.
Editor's note:
This section is similar to former § 38-37-111 , as it existed prior to 1990.
ANNOTATIONLaw reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Standard Pleading Samples to Be Used in Quiet Title Litigation”, see 30 Dicta 39 (1953). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953). For article, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987).
