Colorado § 39-11.5-109 Treatment of an overbid

Colorado Statutes

§ 39-11.5-109 — Treatment of an overbid

Colorado § 39-11.5-109

Title 39Taxation

Art.Issuance of Treasurer's Deeds

This text of Colorado § 39-11.5-109 (Treatment of an overbid) 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. § 39-11.5-109 (2026).

Text

(1)(a) Any overbid must be paid in order of recording priority to junior lienors, determined as of the recording date of the application for public auction according to the records, who have duly filed a notice of intent to redeem and whose liens have not been redeemed, in each case up to the unpaid amount of each such lienor's lien plus fees and costs. After payment to all lienors, any remaining overbid shall be paid to the property owner.

(b)A lienor or lawful holder that is not entitled to redeem by virtue of holding a lien that is recorded after the application for public auction or by not timely filing a notice of intent to redeem pursuant to section 39-11.5-111 or 39-11.5-113 does not have any claim to any portion of the overbid. A lawful holder who accepts less than a fu

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(1) (a) Any overbid must be paid in
order of recording priority to junior lienors, determined as of the recording date of
the application for public auction according to the records, who have duly filed a
notice of intent to redeem and whose liens have not been redeemed, in each case
up to the unpaid amount of each such lienor's lien plus fees and costs. After
payment to all lienors, any remaining overbid shall be paid to the property owner.

(b) A lienor or lawful holder that is not entitled to redeem by virtue of holding
a lien that is recorded after the application for public auction or by not timely filing
a notice of intent to redeem pursuant to section 39-11.5-111 or 39-11.5-113 does not
have any claim to any portion of the overbid. A lawful holder who accepts less than
a full redemption pursuant to section 39-11.5-111 (4)(c) also does not have any claim
to any portion of the overbid.

(c) The treasurer shall only redeem the property to a lawful holder. The
treasurer may issue overbid funds to lienors who comply with the requirements of
this article 11.5, but shall not redeem the property to those lienors.

(2) (a) The treasurer shall post the following statement on the treasurer's
office website:

NOTICE TO A PROPERTY OWNER OF A PROPERTY FOR WHICH THE OPTION FOR
TREASURER'S DEED HAS BEEN SOLD AT PUBLIC AUCTION: If the option for a
treasurer's deed for your property is sold at a public auction for more than the total
owed to the lawful holder of a tax lien on your property and to all other lien holders,
please contact the treasurer's office after the auction because you may have funds
due to you.

(b) In order to pay the property owner as required pursuant to subsection (1)
of this section, a treasurer shall mail the property owner a notice regarding the
remaining overbid to the best available address no later than thirty calendar days
after the conclusion of the public auction. If the amount of the remaining overbid is
equal to or greater than twenty-five dollars, the treasurer shall make reasonable
efforts to identify the property owner's current address.

(c) An agreement to pay compensation to recover or assist in recovering an
amount due to the property owner from the treasurer under subsection (1) of this
section is not enforceable. A person who induces or attempts to induce another
person to enter into such an agreement commits a class 2 misdemeanor.

(3) (a) The treasurer shall hold any unclaimed remaining overbid from the
public auction in escrow for six months from the date of the public auction. The
treasurer is answerable for these funds without interest at any time within six
months after the public auction to any person legally entitled to the funds. The
treasurer shall pay any interest earned on the escrowed funds to the county at least
annually.

(b) Unclaimed remaining overbids that are not claimed within six months
from the date of the sale are unclaimed property for purposes of the Revised
Uniform Unclaimed Property Act, article 13 of title 38. The treasurer shall transfer
these unclaimed remaining overbids to the administrator in accordance with article
13 of title 38.

(c) After the treasurer transfers the unclaimed remaining overbids to the
administrator or to the general fund of the county, the treasurer is discharged from
any further liability or responsibility for the money.