Colorado § 38-38-108 Date of sale

Colorado Statutes

§ 38-38-108 — Date of sale

Colorado § 38-38-108

Title 38Property -

Art.Foreclosure Sales

This text of Colorado § 38-38-108 (Date of sale) 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. § 38-38-108 (2026).

Text

(1)Whenever property is to be sold following the foreclosure of any deed of trust or other lien by the officer, the initial date of sale shall be:

(a)In the case of a sale of property by the public trustee that is not agricultural property, no less than one hundred ten calendar days nor more than one hundred twenty-five calendar days after the date of recording of the notice of election and demand;

(b)In the case of a sale of property by the sheriff that is not agricultural property, no less than one hundred ten calendar days after the date of the recording of the lis pendens;

(c)In the case of a sale of property by the public trustee, all of which is agricultural property, no less than two hundred fifteen calendar days nor more than two hundred thirty calendar days after t

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(1) Whenever property is to be sold following the
foreclosure of any deed of trust or other lien by the officer, the initial date of sale
shall be:

(a) In the case of a sale of property by the public trustee that is not
agricultural property, no less than one hundred ten calendar days nor more than
one hundred twenty-five calendar days after the date of recording of the notice of
election and demand;

(b) In the case of a sale of property by the sheriff that is not agricultural
property, no less than one hundred ten calendar days after the date of the
recording of the lis pendens;

(c) In the case of a sale of property by the public trustee, all of which is
agricultural property, no less than two hundred fifteen calendar days nor more than
two hundred thirty calendar days after the date of recording of the notice of
election and demand; or

(d) In the case of a sale of property by the sheriff, all of which is agricultural
property, no less than two hundred fifteen calendar days after the date of the
recording of the lis pendens.

(2) (a) (I) If it is not evident from the legal description contained in the deed
of trust or other lien being foreclosed whether the property described therein is
agricultural property, the officer shall make that determination no less than ten
calendar days nor more than twenty calendar days after the recording of the notice
of election and demand; except that the officer may make the determination at any
earlier time upon presentation of acceptable evidence that the property is not
agricultural property. The officer shall accept the following as evidence that the
property is not agricultural property:

(A) A certified copy of the subdivision plat containing the property or any
portion thereof recorded in the office of the clerk and recorder of the county where
the property or any portion thereof is located; or

(B) A written statement by the clerk of the city, town, or city and county,
dated no more than six months before the date of filing of the notice of election and
demand or lis pendens with the officer, that all or a portion of the property was
located within the incorporated limits of the city, town, or city and county as of the
date of recording of the deed of trust or other lien or as of the date of the
statement.

(C) (Deleted by amendment, L. 2016.)

(I.5) The officer shall accept, as evidence that the property is agricultural
property, a written statement by the assessor of the county where the property is
located, dated no more than six months before the date of filing of the notice of
election and demand or lis pendens with the officer, that all of the property was
valued and assessed as agricultural property after the date of the recording of the
deed of trust or as of the date of the statement.

(II) The officer's determination of whether the property is agricultural or
nonagricultural property shall be binding and may be relied upon by all parties.

(b) The statements described in sub-subparagraph (B) of subparagraph (I)
and subparagraph (I.5) of paragraph (a) of this subsection (2) may be obtained and
furnished at the expense of the person seeking the determination of whether the
property is agricultural or nonagricultural property, which expense may be included
as a portion of the fees and costs of the foreclosure.

(3) The provisions of this section shall not apply to sales following an
execution and levy.

(4) Notwithstanding the designation of property valued and assessed as
other than agricultural property according to the definition of agricultural
property in section 38-38-100.3 (1)(c), an assessor's nonintegral classification of
two acres or less of land on which a residential improvement is located, as
described in section 39-1-102 (1.6)(a)(I)(A), C.R.S., is not determinative of whether
the property is agricultural for purposes of paragraphs (c) and (d) of subsection (1)
and subparagraph (I.5) of paragraph (a) of subsection (2) of this section.

Legislative History

Source: L. 90: Entire article R&RE, p. 1660, � 2, effective October 1. L. 2006: Entire section amended, p. 1457, � 14, effective January 1, 2008. L. 2007: (2)(a)(I)(C) amended, p. 1835, � 11, effective January 1, 2008. L. 2009: IP(2)(a)(I) amended, (HB 09-1207), ch. 164, p. 714, � 10, effective September 1. L. 2016: (2)(a)(I) and (2)(b) amended and (2)(a)(I.5) and (4) added, (HB 16-1339), ch. 346, p. 1410, � 1, effective August 10.