§ 5-5-111 — Cure of default

Colorado § 5-5-111

• Jurisdiction: Colorado
• Title 05: Consumer
• Art.: Remedies and Penalties

Text

(1) With respect to a consumer credit transaction,
except as provided in subsection (2) of this section, after a default consisting only
of the consumer's failure to make a required payment, a creditor, because of that
default, may neither accelerate maturity of the unpaid balance of the obligation nor
take possession of or otherwise enforce a security interest in the goods or the
mobile home that are collateral until twenty days after giving the consumer a
notice of right to cure described in section 5-5-110. Until the expiration of the
minimum applicable period after the notice is given, all defaults consisting of a
failure to make the required payment may be cured by tendering to the creditor the
amount of all unpaid sums due at the time of the tender, without acceleration, plus
any unpaid delinquency or deferral charges. Cure restores the consumer to his or
her rights under the agreement as though the defaults had not occurred.

(2) With respect to defaults on the same obligation, other than defaults on
an obligation secured by a mobile home, after a creditor has once given the
consumer a notice of right to cure described in section 5-5-110, this section gives no
right to cure and imposes no limitation on the creditor's right to proceed against the
consumer or goods that are collateral with respect to any subsequent default that
occurs within twelve months of such notice. With respect to defaults on the same
obligation that is secured by a mobile home, this section gives no right to cure and
imposes no limitation on the creditor's right to proceed against the consumer or
goods that are collateral with respect to any third default that occurs within twelve
months of such notice. For the purpose of this section, in connection with revolving
credit accounts, the obligation is the consumer's account, and there is no right to
cure and no limitation on the creditor's rights with respect to any default that
occurs within twelve months after an earlier default as to which a creditor has given
the consumer notice of right to cure.

(3) Unless a creditor has provided the cosignor on a consumer credit
transaction with a notice of right to cure that complies with section 5-5-110 and this
section, in addition to the notice of right to cure provided to the consumer, the
creditor may neither accelerate maturity of the unpaid balance of the obligation as
to the cosignor nor report that amount on the cosignor's consumer report with a
consumer reporting agency, as defined in section 5-18-103 and 15 U.S.C. sec. 1681a.

(4) This section and the provisions on waiver, agreements to forego rights,
and settlement of claims do not prohibit a consumer from voluntarily surrendering
possession of goods that are collateral and the creditor from thereafter enforcing
its security interest in the goods at any time after default.

(5) This section shall not apply to consumer credit transactions that are
payable in four or fewer installments.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1239, � 1, effective July 1. L. 2017: (3) amended, (HB 17-1238), ch. 260, p. 1170, � 8, effective August 9.