Colorado § 38-38-702 Limitation of officer's liability

Colorado Statutes

§ 38-38-702 — Limitation of officer's liability

Colorado § 38-38-702

Title 38Property -

Art.Foreclosure Sales

This text of Colorado § 38-38-702 (Limitation of officer's liability) 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. § 38-38-702 (2026).

Text

(1)An officer shall not have responsibility or liability for determining:

(a)The amount or reasonableness of a bid at a sale under section 38-38-106, the amount required to cure under section 38-38-104, or the amount required to redeem under section 38-38-302;

(b)The accuracy of the legal description of property in a full or partial release of a deed of trust;

(c)The accuracy or completeness of a mailing list submitted to the officer; or

(d)The legal sufficiency of the description of the property contained in the notice of election and demand.

(2)Nothing in this article shall lessen or otherwise modify the immunities and protections extended by law to an officer or to a governmental entity with which an officer is associated.

(3)An officer shall not have responsibility

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(1) An officer shall not have
responsibility or liability for determining:

(a) The amount or reasonableness of a bid at a sale under section 38-38-106,
the amount required to cure under section 38-38-104, or the amount required to
redeem under section 38-38-302;

(b) The accuracy of the legal description of property in a full or partial
release of a deed of trust;

(c) The accuracy or completeness of a mailing list submitted to the officer; or

(d) The legal sufficiency of the description of the property contained in the
notice of election and demand.

(2) Nothing in this article shall lessen or otherwise modify the immunities
and protections extended by law to an officer or to a governmental entity with
which an officer is associated.

(3) An officer shall not have responsibility or liability for unknown damage,
debt, or liens when a third party seeks a judicial foreclosure and sale.

Legislative History

Source: L. 2006: Entire section added, p. 1477, � 32, effective January 1, 2008. L. 2009: (3) added, (HB 09-1207), ch. 164, p. 721, � 19, effective September 1.