2021 Colorado Code
Title 38 - Property - Real and Personal
Article 37 - Office of Public Trustee
§ 38-37-110. Public Trustee Forfeits Fees for Failure to Meet Statutory Time Requirements - Validity of Foreclosure Unaffected
If the public trustee fails to meet the time requirements set forth in section 38-38-102 (1) , 38-38-103 (1) , or 38-38-501 , the foreclosure sale and confirmation deed shall be valid notwithstanding such failure, and the public trustee shall forfeit five percent of the public trustee's fees provided for in section 38-37-104 (1)(b)(I) and (1)(b)(V) for each day the public trustee fails to meet the time requirements, and, if the fees have already been paid, the forfeited portion thereof shall be returned immediately to the person who paid them.
History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1. L. 2006: Entire section amended, p. 1480, § 37, effective January 1, 2008.
Editor's note:
- This section is similar to former § 38-37-143, as it existed prior to 1990.
- The effective date for amendments made to 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. (SeeL. 2007, p. 1849.)
Law reviews. For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 14 Dicta 5 (1936). 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, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987).
Change of advertised location to nearby location in view sufficient. A sale advertised to be held at the front door of a courthouse but actually held at another door on the same side of the courthouse in full view of the place advertised is sufficient compliance. Martin v. Barth, 4 Colo. App. 346, 36 P. 72 (1894) (decided under § 38-37-108 as it existed prior to the 1990 repeal and reenactment of article 37 and this article.
