Colorado § 38-37-110 - Public trustee forfeits fees for failure to meet statutory time requirements - validity of foreclosure unaffected.
Full text of Colorado Colorado Revised Statutes § 38-37-110 — Public trustee forfeits fees for failure to meet statutory time requirements - validity of foreclosure unaffected., with citation guidance and answers to common questions.
§ 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.
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: (1) This section is similar to former § 38-37-143, as it existed prior to 1990.
(2) 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. (See L. 2007, p. 1849.)
ANNOTATION
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.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-37-110
What does Colorado Revised Statutes § 38-37-110 cover?
Section 38-37-110 ("Public trustee forfeits fees for failure to meet statutory time requirements - validity of foreclosure unaffected.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-37-110?
A common citation format is "Colorado Revised Statutes § 38-37-110" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-37-110 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.