Colorado § 38-37-113 Checking account - custodial funds

Colorado Statutes

§ 38-37-113 — Checking account - custodial funds

Colorado § 38-37-113

Title 38Property -

Art.Office of Public Trustee

This text of Colorado § 38-37-113 (Checking account - custodial funds) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-37-113 (2026).

Text

(1)In the performance of his or her duties under this article and article 38 of this title, the public trustee of each county shall have the authority to establish and manage one or more of the following accounts: An automated clearing house account, checking account, escrow account, custodial account, similar banking services, or similar overnight depository account with a bank or savings and loan association that is an eligible public depository under the Public Deposit Protection Act, article 10.5 of title 11, C.R.S., or the Savings and Loan Association Public Deposit Protection Act, article 47 of title 11, C.R.S. A public trustee may also participate in local government investment pool trust funds as described in part 7 of article 75 of title 24, C.R.S., and invest public fu

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(1) In the performance of
his or her duties under this article and article 38 of this title, the public trustee of
each county shall have the authority to establish and manage one or more of the
following accounts: An automated clearing house account, checking account,
escrow account, custodial account, similar banking services, or similar overnight
depository account with a bank or savings and loan association that is an eligible
public depository under the Public Deposit Protection Act, article 10.5 of title 11,
C.R.S., or the Savings and Loan Association Public Deposit Protection Act, article
47 of title 11, C.R.S. A public trustee may also participate in local government
investment pool trust funds as described in part 7 of article 75 of title 24, C.R.S.,
and invest public funds in eligible money market mutual funds described in part 6
of article 75 of title 24, C.R.S.

(2) Other than fees and costs, which shall be governed by section 38-37-104,
all moneys received by a public trustee for the purposes of a cure, a bid, excess
proceeds, or a redemption under article 38 of this title shall be held as custodial
funds for the party entitled to receive such moneys. Any moneys that a holder of an
evidence of debt is entitled to receive may be transmitted electronically to the
attorney for the holder in the manner set forth in a memorandum of understanding
between the attorney for the holder and the public trustee. All electronic
transmission fees and costs between the office of the public trustee and the
attorney for the holder shall be an additional fee and cost of the foreclosure.

(3) Nothing in this section shall lessen or otherwise modify the immunities
and protections extended by law to public trustees and any governmental entity
with which public trustees are associated. No contractual relationship shall be
deemed to exist between a public trustee and a party entitled to receive moneys as
described under subsection (2) of this section.

Legislative History

Source: L. 2002: Entire section added, p. 1333, � 5, effective July 1. L. 2006: (1) amended, p. 560, � 4, effective August 7; (1) and (2) amended, p. 1437, � 5, effective January 1, 2008.