Colorado § 38-38-402 - Certificate of redemption - issuance.

§ 38-38-402. Certificate of redemption - issuance.

(1) No sooner than fifteen business days following a sale but no later than five business days following an officer's receipt of redemption money paid under section 38-38-302, the officer shall execute and record in each county where the property or a portion thereof is located a certificate of redemption containing:

(a) The names of the original grantors of the deed of trust being foreclosed;

(a.5) The name and address of the person redeeming;

(b) The redemption amount paid;

(c) The date of sale;

(d) The description of the property redeemed; and

(e) The public trustee's sale number or, in the case of a sale by the sheriff, the district court civil action number.

(2) The officer shall retain the recorded certificate of redemption in the officer's records.

(3) The failure of the officer to comply with the provisions of this section shall not affect the validity of the sale or the rights of the grantee of the confirmation deed.

Source: L. 90: Entire article R&RE, p. 1668, § 2, effective October 1. L. 2002: IP(1) amended, p. 1348, § 15, effective July 1. L. 2006: Entire section amended, p. 1473, § 25, effective January 1, 2008. L. 2009: (1)(a) amended and (1)(a.5) added, (HB 09-1207), ch. 164, p. 719, § 16, effective January 1, 2010.

Editor's note: (1) This section is similar to former § 38-39-104, 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, "Revising Redemptions", see 6 Dicta 16 (Feb. 1929). For article, "Did You Know?", see 12 Dicta 132 (1935). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 14 Dicta 5 (1936). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 28 Dicta 437 (1951). For article, "Forms Committee Presents Additional Standard Pleading Samples for Use in Foreclosures Through Public Trustee", see 29 Dicta 1 (1952). For article, "Statutory Redemption in Colorado", see 30 Dicta 79 (1953).

Lienor becomes entitled to the execution and delivery of a certificate of redemption upon the payment of redemption money in the manner prescribed by § 38-38-303. WYSE Fin. Servs., Inc. v. Nat'l Real Estate Inv., LLC, 92 P.3d 918 (Colo. 2004).