§ 38-38-705 — Curative provisions

(1) If the public trustee fails to comply with
any of the notice deadlines set forth in this article, unless the foreclosure has
already been withdrawn by the holder of the evidence of debt or the holder's
attorney, following written notice to the holder of the evidence of debt or the
holder's attorney, the public trustee may rerecord the notice of election and
demand, and the public trustee shall thereafter comply with all such notice
deadlines from the last recording date as set forth on the rerecorded notice of
election and demand as though such foreclosure had been commenced on such
date.

(2) In the event of an error contained in any certificate of purchase,
certificate of redemption, public trustee's deed, or other recorded document
prepared by the office of the public trustee, the public trustee may correct such
error by executing and recording a scrivener's error affidavit as set forth in section
38-35-109 (5).

Legislative History

Source: L. 2007: Entire section added, p. 1728, � 7, effective June 1.