Colorado Amends Statutes Related to Foreclosure Sales
Various provisions related to foreclosure sales under Article 38 have been modified by the state of Colorado. No substantive modifications have been made but portions of Article 38 have been repealed to preserve the legislative intent and meaning of the law. The following have been repealed:
- Colorado Revised Statutes 38-38-101(1)(h)
- C.R.S. 38-38-101 states that a holder of evidence of debt may elect to foreclose and declare a violation of a covenant of a deed of trust and to do so that holder must file certain documents with the public trustee of the county where the property is located. By repealing part (1)(h) the holder is no longer required to provide the public trustee with a separate document that demonstrates the property requires posting under section 38-38-802.
- Colorado Revised Statutes 38-38-103(5)(d)
- C.R.S. 38-38-103 governs the notice and publication of information regarding a foreclosure sale. The repeal of part (5)(d) from the law removes requirements for the officer responsible for publishing and mailing notice.
These modifications are effective immediately.
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