Colorado § 38-38-701 Application - use of term foreclosure

Colorado Statutes

§ 38-38-701 — Application - use of term foreclosure

Colorado·Title 38 Property -·Art. Foreclosure Sales

(1)Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:

(a)To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and

(b)In the case of proceedings and actions for enforcement or foreclosure of any other types of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.

(2)On and after October 1, 1990, in all proceedings for the foreclosure of deeds of trust and mortgages executed before July 1, 1965:

(a)The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes 1963, as said sections existed prior to J

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(1) Except as otherwise
provided for in subsection (2) of this section, the provisions of this article shall
apply:

(a) To proceedings for the foreclosure of deeds of trust through the public
trustee commenced on or after July 1, 2007; and

(b) In the case of proceedings and actions for enforcement or foreclosure of
any other types of liens upon real property and in the case of sales by virtue of
execution and levy, where the particular proceeding or action under which the sale
is performed is commenced on or after July 1, 2007.

(2) On and after October 1, 1990, in all proceedings for the foreclosure of
deeds of trust and mortgages executed before July 1, 1965:

(a) The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes
1963, as said sections existed prior to July 1, 1965, shall apply in lieu of section 38-38-302 and section 38-38-303 (1) to (3) as it existed prior to January 1, 2008; and

(b) The provisions of section 118-9-18, Colorado Revised Statutes 1963, as in
effect on July 1, 1965, and numbered as sections 38-38-103 and 38-38-104 on and
after October 1, 1990, shall not apply.

(3) Wherever the term foreclosure, or variations thereof, or the concept of
foreclosure is used in or referred to in article 37, 38, or 39 of this title, it shall be
deemed to include sales of real estate upon execution, unless the context
otherwise requires.

(4) If a deed of trust grants a power of sale to the public trustee but contains
no provision on the manner in which the power of sale is to be exercised, the deed
of trust shall not be void or voidable, and the holder of the evidence of debt may
foreclose the deed of trust in accordance with the provisions of this article on the
foreclosure of deeds of trust through the office of the public trustee or in the
manner of a mortgage through the courts.

Colorado § 38-38-701 (Application - use of term foreclosure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 90: Entire article R&RE, p. 1674, � 2, effective October 1. L. 2006: (1) and (2)(a) amended and (4) added, p. 1480, � 38, effective January 1, 2008.