Colorado § 38-38-504 - Deed evidence of compliance.

§ 38-38-504. Deed evidence of compliance.

Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed.

Source: L. 90: Entire article R&RE, p. 1672, § 2, effective October 1. L. 2007: Entire section amended, p. 1845, § 23, effective January 1, 2008.

Editor's note: This section is similar to former § 38-39-109, as it existed prior to 1990.

ANNOTATION

Law reviews. For note on the act which inserted this section, see 28 Dicta 176 (1951). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 28 Dicta 437 (1951).

Annotator's note. Since § 38-38-504 is similar to § 38-39-109 as it existed prior to the 1990 repeal and reenactment of this article and article 39, relevant cases construing that provision have been included in the annotations to this section.

In determining whether purchaser had notice of outstanding equities or unrecorded interests so as to preclude him from being entitled to protection as a bona fide purchaser, if he has knowledge of circumstances which, in the exercise of common reason and prudence, ought to put a man upon particular inquiry, he will be presumed to have made that inquiry, and he will be charged with notice of every fact which would in all probability have been revealed had such investigation been undertaken. Jaramillo v. McLoy, 263 F. Supp. 870 (D. Colo. 1967).

Purchaser at execution sale succeeds to rights of defendant in execution. The purchaser at the execution sale succeeds to all the rights of the defendant in execution, and where the defendant in execution holds under an uncompleted executory agreement of purchase, the purchaser at the execution sale acquires the right to proceed with the contract of purchase of which he has so become the involuntary assignee, to make the payments stipulated for in such agreement of purchase, and perform the covenants of the execution defendant therein. Salisbury v. LaFitte, 57 Colo. 358, 141 P. 484 (1914).

Applied in Bay State Mining & Town-Site Co. v. Jackson, 27 Colo. 139, 60 P. 573 (1900); Victor Inv. Co. v. Roerig, 22 Colo. App. 257, 124 P. 349 (1912); Empire Ranch & Cattle Co. v. Gibson, 22 Colo. App. 617, 126 P. 1103 (1912); Terry v. Gibson, 23 Colo. App. 273, 128 P. 1127 (1913); McCracken v. Citizens' Nat'l Bank, 80 Colo. 164, 249 P. 652 (1926).