(c) [ Editor's note: This version of subsection (2.5)(c) is effective March 1, 2022. ] An agreement to pay compensation to recover or assist in recovering an amount due to the borrower from the public trustee under subsection (2) of this section is not enforceable. A person who induces or attempts to induce another person to enter into such an agreement commits a class 2 misdemeanor.
NOTICE TO A BORROWER IN FORECLOSURE: If your property goes to foreclosure auction sale and is purchased for more than the total owed to the lender and to all other lien holders, please contact the public trustee's office after the sale because you may have funds due to you.
Source: L. 90: Entire article R&RE, p. 1662, § 2, effective October 1. L. 2002: Entire section amended, p. 1341, § 11, effective July 1. L. 2004: (2) amended, p. 1207, § 85, effective August 4. L. 2006: Entire section amended, p. 1464, § 17, effective January 1, 2008. L. 2007: (2) amended and (4) added, p. 1838, § 14, effective January 1, 2008. L. 2009: (1) and (2) amended, (HB 09-1207), ch. 164, p. 716, § 12, effective September 1. L. 2012: (1), (2), and (3) amended and (2.5) and (5) added, (SB 12-030), ch. 96, p. 322, § 10, effective September 1. L. 2016: (2.5)(c) added and (3)(a) and (3)(b) amended, (HB 16-1090), ch. 97, p. 277, § 4, effective August 10. L. 2018: (3) amended, (HB 18-1254), ch. 138, p. 909, § 6, effective August 8. L. 2019: (3)(a) and (3)(b) amended, (SB 19-088), ch. 110, p. 469, § 15, effective July 1, 2020. L. 2021: (2), (2.5), and (3)(b) amended, (5) repealed, and (6) added, (HB 21-1224), ch. 199, p. 1057, § 2, effective May 28; (2.5)(c) amended, (SB 21-271), ch. 462, p. 3293, § 686, effective March 1, 2022.
Cross references: For the legislative declaration in HB 16-1090, see section 1 of chapter 97, Session Laws of Colorado 2016.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 38 - Foreclosure Sales
§ 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
§ 38-38-106. Bid Required - Form of Bid
§ 38-38-107. Fees and Costs - Definitions
§ 38-38-109. Continuance of Sale - Effect of Bankruptcy - Withdrawal of Sale
§ 38-38-110. Sales by Officer - Location - Announcement - Records - Electronic Devices - Definitions
§ 38-38-112. 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"