Colorado § 39-11.5-301 - Repurchase - procedure.

§ 39-11.5-301. Repurchase - procedure.

(1) A lawful holder is entitled to repurchase a certificate of option for a treasurer's deed if the following requirements are met to the satisfaction of the treasurer:

(a) The lawful holder was not the successful purchaser at the public auction;

(b) No later than three business days after the date of the public auction, the lawful holder filed a notice of intent to repurchase; and

(c) A fee pursuant to section 30-1-102 (1.7)(a)(III) is received by the treasurer in the form specified by the treasurer.

(2) No more than one business day after an intent to repurchase is received, a treasurer shall notify the certificate of option for a treasurer's deed holder that an intent to repurchase has been filed.

(3) No later than noon two business days following a notification of the certificate of option for a treasurer's deed holder of the filing of an intent to repurchase, a certificate of option for a treasurer's deed holder must provide a signed and acknowledged repurchase statement to the treasurer limited to:

(a) The amount indicated on the certificate of option for a treasurer's deed that exceeds the total debt owed to the lawful holder;

(b) Interest calculated from the date of the public auction through the end of the eighth business day after the public auction, the amount of which is based on the interest rate used on the bid pursuant to section 39-11.5-107 (3); and

(c) Any fees and costs incurred as deemed reasonable by the treasurer.

(4) If a certificate of option for a treasurer's deed holder fails to provide a repurchase statement to a treasurer by the deadline, the treasurer shall provide a repurchase statement to a lawful holder limited to the amounts required in subsections (3)(a) and (3)(b) of this section, by the end of the second business day after the notification of the certificate of option for a treasurer's deed holder pursuant to subsection (3) of this section. The repurchase statement may be sent to a lawful holder by mail, facsimile, or other electronic means.

(5) At any time after a treasurer has provided a lawful holder the repurchase statement, but no later than noon on the eighth business day following the public auction, the lawful holder may repurchase the certificate of option for a treasurer's deed by paying the treasurer the amount required to repurchase in the form specified by the treasurer.

(6) Upon receipt of the repurchase funds, the treasurer shall:

(a) Notify the certificate of option for a treasurer's deed holder;

(b) Execute and record a certificate of repurchase pursuant to section 39-11.5-402; and

(c) Disburse all repurchase proceeds to the certificate of option for a treasurer's deed holder in the amount on the repurchase statement with interest through the date repurchase proceeds were received from the lawful holder. Any additional interest paid must be refunded to the lawful holder.

(7) All fees and costs of a treasurer for actions performed under this section and the cost of recording the certificate of repurchase are part of the treasurer's deed costs.

(8) If an aggrieved person contests the amount set forth in the statement prepared by a treasurer pursuant to subsection (4) of this section and a court determines that the treasurer made a material misstatement on the repurchase statement with respect to the amount due and owing to the holder of the certificate of option for a treasurer's deed, the court shall, in addition to other relief, award to the aggrieved person the aggrieved person's court costs and reasonable attorney fees and costs.

(9) (a) A lawful holder shall repurchase the entire property. No partial repurchase shall be permitted under this section.

(b) The priority of liens for purposes of this section must be determined without consideration of the fact that the other lien relates to only a portion of the property or to a partial interest therein.

Source: L. 2026: Entire article R&RE, (SB 26-144), ch. 135, p. 647, § 53, effective June 1.