Colorado § 38-38-705 - Curative provisions.

§ 38-38-705. Curative provisions.

(1) If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt or the holder's attorney, the public trustee may rerecord the notice of election and demand, and the public trustee shall thereafter comply with all such notice deadlines from the last recording date as set forth on the rerecorded notice of election and demand as though such foreclosure had been commenced on such date.

(2) In the event of an error contained in any certificate of purchase, certificate of redemption, public trustee's deed, or other recorded document prepared by the office of the public trustee, the public trustee may correct such error by executing and recording a scrivener's error affidavit as set forth in section 38-35-109 (5).

Source: L. 2007: Entire section added, p. 1728, § 7, effective June 1.

PART 8

FORECLOSURE DEFERMENT

38-38-801 to 38-38-808. (Repealed)

Editor's note: (1) This part 8 was added in 2009. For amendments to this part 8 prior to its repeal in 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) Section 38-38-808 provided for the repeal of this part 8, effective September 1, 2015. (See L. 2014, p. 552.)

PART 9

EXPEDITED SALE OF RESIDENTIAL PROPERTY

38-38-901 to 38-38-907. (Repealed)

Editor's note: (1) This part 9 was added in 2010 and was not amended prior to its repeal in 2014. For the text of this part 9 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) Section 38-38-907 provided for the repeal of this part 9, effective July 1, 2014. (See L. 2010, p. 653.)

ARTICLE 39

Mortgages, Deeds of Trust, and Other Liens

PART 1

GENERAL PROVISIONS

38-39-100.5. Definitions.

38-39-101. Effect of deed of trust to private trustee - nature of obligation secured.

38-39-102. When deed of trust shall be released - definitions.

38-39-103. Effect of release or partial release before maturity of evidence of debt - release is good as to recitals.

38-39-104. Satisfaction of mortgage.

38-39-105. Removal of improvements from encumbered property.

38-39-106. Future advances.

38-39-107. Form of written request for release of a deed of trust with production of the evidence of debt.

38-39-108. Form of written request for release of a deed of trust without production of the evidence of debt.

38-39-109. When release of deed of trust is recorded.

PART 2

LIMITATIONS

38-39-201. Liens not to run over fifteen years.

38-39-202. Lien extended - method.

38-39-203. No release necessary.

38-39-204. Effect of notice of action on lien.

38-39-205. Action to be brought within fifteen years.

38-39-206. Does not extend any lien.

38-39-207. Lien extinguished when action barred.

38-39-208. Action within seven years when in possession.

38-39-209. Mortgages to United States.

PART 1

GENERAL PROVISIONS