Issuance of Treasurer's Deeds

C.R.S. tit. 39, art. 11.5
in effect

C.R.S. § 39-11.5-101 Definitions

39-11.5-101. Definitions. As used in this article 11.5, unless the context otherwise requires: (1) "Certificate of option for treasurer's deed" means the certificate of option for treasurer's deed issued by a treasurer pursuant to section 39-11.5-115 (1). (2) "Certificate of purchase" means the certificate of purchase prepared by a treasurer for the purchaser of a tax lien in accordance with section 39-11-117. (3) "Immediate family" means an individual's: (a) Spouse; (b) Partner in a civil union; (c) Parent; (d) Minor child under eighteen years of age; (e) Sibling who is under eighteen years of age and for whom the individual stands in loco parentis; or (f) Sibling who is incapable of self-care due to a mental or physical disability or a long-term illness. (4) "Investment balance" means the redeemable amount of a tax lien. (5) "Junior lien" means a lien or encumbrance upon the property for which the amount due and owing thereunder is subordinate to the tax lien. (6) "Known interested party notice" means the notice that includes: (a) The names and addresses of the persons on the mailing list created by a treasurer pursuant to section 39-11.5-104 (2); (b) The information collected by the treasurer pursuant to section 39-11-114; (c) The date and time of the public auction, including, if applicable, the date to which the treasurer has continued the public auction pursuant to section 39-11.5-106 (1); (d) If the public auction is not conducted by means of the internet or other electronic medium, the location of the public auction; (e) If the public auction is conducted by means of the internet or other electronic medium: (I) The electronic address for the public auction; (II) The location of computer workstations that are available to the public and information about how to obtain instructions on accessing the public auction and submitting bids; and (III) A statement that the bidding rules for the public auction will be posted on the internet or other electronic medium used to conduct the auction at least fourteen calendar days before the date of the auction; and (f) A legible copy of sections 39-11.5-104, 39-11.5-111, 39-11.5-113, and 39-11.5-114. (7) "Lawful holder" means the person in possession of a certificate of purchase for a tax lien issued in accordance with article 11 of this title 39, or the assignee or attorney of such a holder. (8) "Lienor" means a person who is a beneficiary, holder, or grantee of a junior lien on the property or that person's assignee or attorney. (9) "Mailing list" means the list assembled by the treasurer pursuant to section 39-11.5-104 (2)(a) that contains the names and addresses of the following persons: (a) The original purchaser of the tax lien; (b) Any person known or believed by the treasurer to be a lienor; (c) The occupant of the property, addressed to "occupant" at the address of the property and, if different, the property owner; and ling list" means the list assembled by the treasurer pursuant to section 39-11.5-104 (2)(a) that contains the names and addresses of the following persons: (a) The original purchaser of the tax lien; (b) Any person known or believed by the treasurer to be a lienor; (c) The occupant of the property, addressed to "occupant" at the address of the property and, if different, the property owner; and (d) A lessee with an unrecorded possessory interest in the property at the address of the premises of the lessee and, if different, the address of the property. (10) "Overbid" means the amount in excess of the minimum bid accepted by the treasurer pursuant to section 39-11.5-108 (3)(a). (11) "Property" means the property subject to a tax lien, the certificate of purchase for which is held by a lawful holder. (12) "Property owner" means the owner of a property subject to a tax lien. (13) "Public auction" means an auction conducted pursuant to this article 11.5. (14) "Purchaser" means the person to whom the treasurer awards the certificate of option for treasurer's deed as the winning bidder at the public auction who timely submits proper funds or, if no valid bids are received at the public auction, the lawful holder who does not file a withdrawal of the application for public auction pursuant to section 39-11.5-106. (15) "Tax lien" means the lien on any land, town or city lot, or mining claim sold for special assessments, taxes, or special assessments and taxes due either to the state or any county or incorporated town or city for which the treasurer issued a certificate of purchase to the lawful holder. (16) "Treasurer" has the same meaning as set forth in section 39-1-102 (17), as applied to the county in which a property is located. (17) "Treasurer's deed" means the deed issued by the treasurer in accordance with section 39-11.5-116 (1).

C.R.S. § 39-11.5-102 Application for public auction - contents - fee

39-11.5-102. Application for public auction - contents - fee. (1) At any time at least three years from the date of the sale of a tax lien pursuant to article 11 of this title 39, a lawful holder may file an application for a public auction of a certificate of option for treasurer's deed for the property subject to the tax lien described in the certificate of purchase held by the lawful holder. In so doing, the lawful holder shall file an application for public auction in a form and manner determined by the treasurer as follows: APPLICATION FOR A PUBLIC AUCTION OF A CERTIFICATE OF OPTION FOR TREASURER'S DEED TO THE COUNTY TREASURER OF _____________ COUNTY, COLORADO: The undersigned, as the holder of Treasurer's Tax Lien Sale Certificate of Purchase No.________ issued pursuant to the tax lien sale held on the ____ day of ________, 20__, for the taxes and/or special assessments for the tax year ______ hereby request that you, as County Treasurer, give notice and take such proceedings as are required by section 39-11.5-102, C.R.S., so that the undersigned may begin the process to obtain a Treasurer's Deed to the property described in said Treasurer's Tax Lien Sale Certificate, more particularly described as follows, to-wit: LEGAL DESCRIPTION: situated in the County of _____________, State of Colorado. PROPERTY ADDRESS: __________ SCHEDULE NUMBER: __________ PARCEL NUMBER: ___________ CURRENT ASSESSED OWNER: ___________ T.D. REFERENCE NUMBER: ___________ THE AMOUNT OF THE OUTSTANDING INVESTMENT BALANCE OF THE TAX LIEN AS OF THE DATE OF THE FILING OF THE APPLICATION FOR PUBLIC AUCTION: ___________ LAWFUL HOLDER NAME: ___________ ADDRESS OR PO BOX: ___________ CITY/STATE/ZIP CODE: ___________ COUNTY OF RESIDENCE: ___________ LAWFUL HOLDER NAME: ___________ LAWFUL HOLDER SIGNATURE: ___________ DATE: ___________ (2) The treasurer may require the lawful holder to make a deposit in an amount determined by the treasurer to include the treasurer's fee for recording the application in an amount equal to the amount established in section 38-37-104 (1)(b)(I) plus the amount necessary to cover the actual and reasonable costs to the treasurer to administer the public auction and otherwise ensure compliance with the requirements of this article 11.5.

C.R.S. § 39-11.5-103 Review of application for public auction

39-11.5-103. Review of application for public auction. (1) As soon as practicable following the receipt of an application for public auction filed by a lawful holder pursuant to section 39-11.5-102, the treasurer shall review the application to determine whether it complies with the requirements of this article 11.5. (2) If the treasurer determines that the application for public auction complies with the requirements of this article 11.5, the treasurer shall record the application for public auction and the original certificate of purchase, if not previously recorded, with the office of the county clerk and recorder within ten business days following the treasurer's determination.

C.R.S. § 39-11.5-104 Notice of public auction

39-11.5-104. Notice of public auction. (1) No more than thirty calendar days after recording the application for public auction pursuant to section 39-11.5-103 (2), the treasurer shall mail a notice to the property address set forth in the application for public auction. (2) No more than twenty calendar days after either receiving the results of the title search or completing a review of relevant county records of the county clerk and recorder concerning the property, the treasurer shall create a mailing list, mail a known interested party notice to the persons on the mailing list, and add the first and last publication dates, if not already specified in the known interested party notice, on the treasurer's office website. (3) No more than sixty calendar days nor less than forty-five calendar days prior to the public auction, the treasurer shall post a known interested party notice on the property. (4) No more than sixty calendar days nor less than forty-five calendar days prior to the public auction, the treasurer shall publish the known interested party notice and add the first and last publication dates, if not already specified in the known interested party notice, on the treasurer's office website. (5) No less than twenty-eight calendar days prior to the public auction, the treasurer shall post the known interested party notice and add the first and last publication dates, if not already specified in the known interested party notice, in a conspicuous place in the treasurer's office or on the treasurer's office website. (6) No less than thirty calendar days after either receiving the results of the title search or completing a review of relevant county records of the county clerk and recorder concerning the property pursuant to section 39-11.5-104 (2), if the valuation for assessment of the property that is the subject of the public auction is five hundred dollars or more, the treasurer shall commence publication of the known interested party notice for three weeks, which means publication once each week for three successive weeks in a newspaper that is published daily, weekly, or semiweekly in the county. If there is no such newspaper, then the treasurer shall post the notice conspicuously in the offices of the county clerk and recorder, the treasurer, and the assessor and in at least two other public places in the county seat. (7) If any notice sent pursuant to this section is returned as undeliverable, the county treasurer shall conduct a reasonable search to locate and notify the property owner of record.

C.R.S. § 39-11.5-105 Date of public auction

39-11.5-105. Date of public auction. The treasurer shall hold the public auction no more than one hundred twenty-five calendar days nor less than one hundred ten calendar days after the date of the first publication of the known interested party notice published by the treasurer pursuant to section 39-11.5-104 (1) or the date of the mailing of the known interested party notice if publication is not required.

C.R.S. § 39-11.5-106 Continuance of public auction - effect of bankruptcy - withdrawal of notice of public auction - redemption of tax lien prior to public auction

39-11.5-106. Continuance of public auction - effect of bankruptcy - withdrawal of notice of public auction - redemption of tax lien prior to public auction. (1) Continuance. Notwithstanding section 39-11.5-105, for any reason deemed by the treasurer to be good cause or upon written request by the lawful holder, at any time before commencement of the public auction, the treasurer may continue the public auction to a later date by making, at the time and place designated for the public auction, an oral announcement of the time and place of such continuance, or by posting or providing a notice of the continuance at the time and place designated for the public auction, which notice must include the time and place to which the public auction is continued. Except as provided in subsection (2)(b)(I) of this section, a public auction that is not held on the then-scheduled date of public auction and is not continued from the then-scheduled date of public auction pursuant to this subsection (1) is deemed continued for a period of one week, and from week to week thereafter, until the public auction is held or otherwise continued pursuant to this subsection (1). A public auction shall not be continued to a date later than twelve months from the originally designated date in the notice of public auction, except as provided in subsection (2) of this section. (2) Effect of bankruptcy proceedings. (a) If all publications of the known interested party notice prescribed by section 39-11.5-104 have been completed before a bankruptcy petition has been filed that automatically stays the treasurer from conducting the public auction, the treasurer shall announce, post, or provide notice of that fact on the then-scheduled date of public auction, take no action at the then-scheduled public auction, and allow the public auction to be automatically continued from week to week in accordance with subsection (1) of this section unless otherwise requested in writing prior to any such date of public auction by the lawful holder. (b) (I) If the publications of the known interested party notice prescribed by section 39-11.5-104 have not been started or if all the publications have not been completed before the day a bankruptcy petition has been filed that automatically stays the treasurer from conducting the public auction, the treasurer shall immediately cancel any remaining publications of the known interested party notice and, on the date set for the public auction, announce, post, or provide a notice that the public auction has been enjoined or has been stayed by the automatic stay provisions of the federal bankruptcy code of 1978, 11 U.S.C. sec. 101 et seq., as amended. The public auction shall not be continued under subsection (1) of this section. (II) (A) Upon the termination of any injunction or upon the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being auctioned, closing the bankruptcy case, or granting relief from the automatic stay provisions of the federal bankruptcy code of 1978, 11 U.S.C. sec. 101 et seq., as amended, and upon receipt of a request from the lawful holder to restart the auction, the treasurer shall rerecord the application for public auction and proceed with all additional public auction procedures provided by this article 11.5 as though the public auction had just been commenced. (B) If the request is not received by the treasurer within one year from the date of the termination of any injunction or the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being auctioned, closing the bankruptcy case, or granting relief from the automatic stay, the public auction shall be withdrawn according to subsection (3)(b) of this section. menced. (B) If the request is not received by the treasurer within one year from the date of the termination of any injunction or the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being auctioned, closing the bankruptcy case, or granting relief from the automatic stay, the public auction shall be withdrawn according to subsection (3)(b) of this section. (c) If a public auction is set aside by court order, unless the court order specifies otherwise, the following procedures apply: (I) Upon receipt of the court order, the treasurer's fee in an amount equal to the amount established in section 38-37-104 (1)(b)(XI), and the costs of recording the court order, the treasurer shall attach to the order a copy of the certificate of option for treasurer's deed, any assignments thereof, and, if applicable, the treasurer's deed, each marked "null and void", and record the order together with these documents. (II) Upon recordation of the court order, the certificate of option for treasurer's deed is deemed canceled as if the public auction had not occurred, and the tax lien is deemed fully reinstated with the same lien priority as if the public auction had not occurred. (III) Within ten calendar days after receipt of all documents, fees, and costs specified in this subsection (2)(c), the treasurer shall mail a copy of the court order to each person entitled to receive the known interested party notice pursuant to section 39-11.5-104. (IV) (A) After the recordation of the court order, the lawful holder or the holder's assignee may notify the treasurer in writing to reschedule the public auction within one year of the issuance of the order. The treasurer shall set a new date of public auction at least thirty calendar days but not more than forty-five calendar days after the date on which the treasurer receives notice to schedule a new date of public auction subject to the requirements of subsections (1) and (2)(d) of this section, but not earlier than the scheduled public auction date as of the date of the court order. (B) No later than ten calendar days after receiving written notice pursuant to subsection (2)(c)(IV)(A) of this section to schedule a new date of public auction, the treasurer shall mail a known interested party notice setting forth the rescheduled date of public auction to each person entitled to receive the known interested party notice pursuant to section 39-11.5-104. (C) No later than twenty calendar days after receiving written notice pursuant to subsection (2)(c)(IV)(A) of this section to schedule a new date of public auction, but no less than ten calendar days prior to the new date of public auction, the treasurer shall publish the known interested party notice one time only. The publication must be in the format specified for publication by section 39-11.5-104 (4). (D) All fees and costs of the treasurer for actions performed pursuant to this section and the cost of recording the court order and documents incorporated into the court order by attachment are part of the public auction costs. (E) After a public auction has been set aside and subsequently rescheduled pursuant to this subsection (2)(c)(IV), the public auction may be continued in accordance with subsections (1) and (2)(d) of this section. (F) If a written request to reschedule the public auction is not received by the treasurer within one year of the issuance of the order, the public auction must be withdrawn in accordance with subsection (3)(b) of this section. (d) The periods for which a public auction may be continued under this subsection (2) are in addition to the twelve-month period of continuance provided by subsection (1) of this section. (3) Withdrawal. edule the public auction is not received by the treasurer within one year of the issuance of the order, the public auction must be withdrawn in accordance with subsection (3)(b) of this section. (d) The periods for which a public auction may be continued under this subsection (2) are in addition to the twelve-month period of continuance provided by subsection (1) of this section. (3) Withdrawal. (a) If the lawful holder files with the treasurer, prior to public auction, a written withdrawal of the application for public auction, the public auction is terminated. The treasurer shall record the withdrawal with the office of the clerk and recorder and collect all fees and costs owed and incurred, including a withdrawal fee in an amount equal to the amount established in section 38-37-104 (1)(b)(V). The amount due accrues interest at the rate provided by law. Until all amounts due and owing are paid, the treasurer is entitled to hold all documentation in the treasurer's possession and to withhold all other services requested by the lawful holder with respect to the tax lien. (b) If there is no public auction and if a withdrawal is not filed within forty-five calendar days after the last date of public auction permitted by law, the treasurer may transmit, by mail or electronic transmission to the lawful holder, a notice that a withdrawal of the application for public auction may be recorded by the treasurer unless a response requesting that such withdrawal be delayed for ninety calendar days is received by the treasurer within thirty calendar days after the date that the treasurer's notice is transmitted. If such a response is received by the treasurer and there is no public auction nor is a withdrawal filed within the ninety-day delay period, the treasurer may record a withdrawal of the application for public auction. If no such response is received by the treasurer within thirty calendar days after the notice is transmitted, the treasurer may record a withdrawal of the application for public auction at any time after the expiration of the thirty-day notice period. The treasurer shall cause the application for public auction to be recorded in the office of the county clerk and recorder. All unpaid fees and costs owed and incurred by the treasurer, as well as a withdrawal fee in an amount equal to the amount established in section 38-37-104 (1)(b)(VI), shall be paid by the lawful holder. The amount due accrues interest at the rate provided by law. Until all amounts due and owing are paid, the treasurer is entitled to hold all documentation in the treasurer's possession and to withhold all other services requested by the lawful holder with respect to the tax lien. (4) Redemption of tax lien prior to public auction. If the tax lien is redeemed prior to the public auction, the treasurer shall: (a) Cancel the public auction; (b) Record a certificate of redemption; (c) Provide notice of the cancellation and redemption; and (d) Collect any fees or costs at the time of the redemption in accordance with this article 11.5.

C.R.S. § 39-11.5-107 Location of public auction - electronic devices - definition

39-11.5-107. Location of public auction - electronic devices - definition. (1) The treasurer shall conduct the public auction in any building temporarily or permanently used as a courthouse, in any building where the office of the treasurer is located, or by means of the internet or other electronic medium. (2) The county and its employees acting in their official capacity in preparing, conducting, and executing a public auction pursuant to this article 11.5 are not liable for the failure of a device that prevents a person from participating in a public auction. As used in this subsection (2), "device" includes, but is not limited to, computer hardware, a computer network, a computer software application, and an internet website.

C.R.S. § 39-11.5-108 Conduct of public auction - conduct of treasurer - bidding rules - method of payment

39-11.5-108. Conduct of public auction - conduct of treasurer - bidding rules - method of payment. (1) To conduct the public auction in an efficient and equitable manner, the treasurer is granted broad powers to set the bidding rules governing the public auction. Such powers include: (a) Recognizing buyers in numerical sequence, in rotation, or in the order in which bids are made; (b) Determining the order in which the public auction is conducted; and (c) Setting minimum bid increases. (2) (a) The treasurer shall announce bidding rules at the beginning of the public auction. The bidding rules apply to all bidders throughout the public auction. (b) If the public auction is conducted by means of the internet or other electronic medium, the treasurer shall post the internet bidding rules on the electronic medium at least fourteen calendar days before the date of sale. The bidding rules apply to all bidders throughout the public auction. (3) Notwithstanding subsection (1) of this section, the treasurer shall: (a) Only accept bids that are greater than the combined value of the amount owed to the lawful holder and the fees and costs incurred by the treasurer in complying with this article 11.5; and (b) Not accept bids made by a county official or a county employee acting in their individual capacity or by an immediate family member of a county official or a county employee. (4) When the treasurer conducts a public auction in accordance with this article 11.5, the treasurer may accept payment of the purchase price in the form of cash, cashier's check, bank check, or electronic funds transfer, subject to the treasurer's bidding rules.

C.R.S. § 39-11.5-109 Treatment of an overbid

39-11.5-109. Treatment of an overbid. (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.

C.R.S. § 39-11.5-110 Procedure when purchaser fails to pay

39-11.5-110. Procedure when purchaser fails to pay. (1) If a person bidding at the public auction fails to pay the amount due, at the time of sale, or within the time period allowed by the treasurer, the treasurer shall award the certificate of option for treasurer's deed to the next highest bidder from the public auction who timely pays the amount due from bidding to the treasurer. (2) In a public auction conducted by means of the internet or other electronic medium, if a person bidding fails to pay the amount due at the time of sale, or within the time period allowed by the treasurer, the treasurer shall award the certificate of option for treasurer's deed to the next highest bidder from the public auction who timely pays the amount due from bidding to the treasurer. (3) The treasurer may prohibit a person who fails to pay the amount due from bidding on sales under this article 11.5 for up to five years.

C.R.S. § 39-11.5-111 Redemption of the certificate of purchase by a lawful holder - procedure

39-11.5-111. Redemption of the certificate of purchase by a lawful holder - procedure. (1) Requirements for redemption. A lawful holder is entitled to redeem the certificate of purchase if the following requirements are met to the satisfaction of the treasurer: (a) The lawful holder has, within eight business days after the public auction, filed a notice with the treasurer of the lawful holder's intent to redeem; (b) The lawful holder has attached to the notice of intent to redeem the original certificate of purchase and any assignment of the certificate of purchase to the lawful holder, or certified copies thereof. If the original certificate of purchase is delivered to the treasurer, the treasurer shall return the certificate of purchase to the lawful holder and retain a copy. (c) The lawful holder has attached to the notice of intent to redeem a signed and properly acknowledged statement of the lawful holder setting forth the amount required to redeem the certificate of purchase, including per diem interest, through the end of the nineteenth business day after the public auction with the same specificity and itemization as required in section 38-38-106. (2) Request for redemption amount. At the end of the period in which a lawful holder may file an intent to redeem pursuant to this article 11.5, if a notice of intent to redeem is filed by a lawful holder entitled to redeem under this section, the treasurer shall transmit by mail, facsimile, or other electronic means to the purchaser a written request for a written or electronic statement of all sums necessary to redeem. (3) Statement of redemption. (a) Upon receipt of the request transmitted by the treasurer pursuant to subsection (2) of this section, the purchaser shall submit a signed and acknowledged statement to the treasurer, no later than thirteen business days following the public auction, specifying all sums necessary to redeem as of the date of the statement along with the per diem amounts that accrue after the date of sale. The purchaser may amend the statement as necessary to reflect additional sums advanced as allowed by law, but the purchaser shall not amend the statement later than two business days prior to the commencement of the redemption period pursuant to subsection (4)(a) of this section. (b) If the purchaser fails to submit the statement described in subsection (3)(a) of this section to the treasurer within thirteen business days after the sale, the treasurer may calculate the amount necessary to redeem by adding to the successful bid the accrued interest from the sale through the redemption date. The accrued interest is calculated by multiplying the amount of the bid by the regular rate of annual interest specified in the underling tax lien, divided by three hundred sixty-five and then multiplied by the number of days from the date of sale through the redemption date. (c) The treasurer shall transmit by mail, facsimile, or other electronic means to the lawful holder filing the notice of intent to redeem, promptly upon receipt, the statement filed by the purchaser, or if no such statement is filed, the treasurer's estimate of the redemption figure, which the treasurer shall transmit no later than the commencement of the redemption period pursuant to subsection (4)(a) of this section. (4) Redemption period. imile, or other electronic means to the lawful holder filing the notice of intent to redeem, promptly upon receipt, the statement filed by the purchaser, or if no such statement is filed, the treasurer's estimate of the redemption figure, which the treasurer shall transmit no later than the commencement of the redemption period pursuant to subsection (4)(a) of this section. (4) Redemption period. (a) No more than nineteen business days nor less than fifteen business days after a public auction is conducted pursuant to this article 11.5, the redeeming lawful holder may redeem the certificate of purchase by paying to the treasurer, no later than 12 noon on the last day of the lawful holder's redemption period, in a form specified by the treasurer, the amount for which the certificate of purchase was sold at public auction with interest from the date of sale, together with any applicable fees or costs. Interest on the amount for which the certificate of purchase was sold is charged at the default rate specified in the underlying tax lien. (b) If the statement described in subsection (1)(c) of this section so states, or upon other written authorization from the purchaser or the then-current lawful holder of the certificate of redemption, the treasurer may accept as a full redemption an amount less than the amount specified in subsection (3)(a) of this section. Any redemption under this section constitutes a full redemption and is deemed to be payment of all sums to which the lawful holder is entitled. (5) Certificate of redemption. Upon receipt of the redemption payment pursuant to subsection (4) of this section, the treasurer shall execute and record a certificate of redemption pursuant to section 39-11.5-112. (6) Redemption proceeds. Upon the expiration of the redemption period under this section, the treasurer shall disburse all redemption proceeds to the persons entitled to receive them. (7) Certificate of lawful holder. A redeeming lawful holder shall pay to the treasurer the amount required to redeem and shall deliver to the treasurer a signed and properly acknowledged statement by the lawful holder showing the amount owing on such lien, including per diem interest and fees and costs actually incurred that are permitted by subsection (6) of this section and for which the lawful holder has submitted to the treasurer receipts, invoices, evidence of electronic account-to-account transfers, or copies of loan servicing computer screens evidencing the fees and costs and verifying that the fees and costs were actually incurred as of the date of the statement of redemption with the per diem amounts that accrue thereafter. At any time before the expiration of a lawful holder redemption period, the redeeming lawful holder may submit a revised or corrected certificate. (8) Payment of fees and costs. A lawful holder may, during the lawful holder redemption period described in subsection (4) of this section, pay the fees and costs that the purchaser may pay. (9) Misstatement of redemption amount. If an aggrieved person contests the amount set forth in the statement filed by a lawful holder pursuant to subsection (1)(c) of this section or by a purchaser pursuant to subsection (3)(a) of this section and a court determines that the lawful holder or purchaser has made a material misstatement on the statement with respect to the amount due and owing to the lawful holder or the purchaser, the court shall, in addition to other relief, award to the aggrieved person the aggrieved person's court costs and reasonable attorney fees and costs. by a purchaser pursuant to subsection (3)(a) of this section and a court determines that the lawful holder or purchaser has made a material misstatement on the statement with respect to the amount due and owing to the lawful holder or the purchaser, the court shall, in addition to other relief, award to the aggrieved person the aggrieved person's court costs and reasonable attorney fees and costs. (10) No partial redemption. A lawful holder holding a lien on less than all of, or a partial interest in, the property shall redeem the entire property. No partial redemption is permitted under this article 11.5. The priority of liens for purposes of this section is to be determined without consideration of the fact that the lien relates to only a portion of the property or to a partial interest therein.

C.R.S. § 39-11.5-112 Certificate of redemption - issuance

39-11.5-112. Certificate of redemption - issuance. (1) No sooner than fifteen business days following a public auction but no later than five business days following a treasurer's receipt of redemption money paid under section 39-11.5-111, the treasurer shall execute and record in each county where the property or a portion thereof is located a certificate of redemption containing: (a) The name of the lawful holder; (b) The name and address of the person redeeming; (c) The redemption amount paid; (d) The date of sale; (e) The description of the property redeemed; and (f) The treasurer's sale number. (2) The treasurer shall retain the recorded certificate of redemption in the treasurer's records. (3) The failure of the treasurer to comply with the provisions of this section does not affect the validity of the sale or the rights of the grantee of the confirmation deed.

C.R.S. § 39-11.5-113 Payment of overbid amount by a lienor - procedure

39-11.5-113. Payment of overbid amount by a lienor - procedure. (1) Requirements for payment of overbid amount. A lienor is entitled to receive payment of a portion of the overbid amount, if the following requirements are met to the satisfaction of the treasurer: (a) The lienor's lien is a lien that is created or recognized by state or federal statute or by judgment of a court of competent jurisdiction; (b) The lien is a junior lien; (c) The lienor's lien appears by instruments that were duly recorded in the office of the clerk and recorder of the county prior to the treasurer recording the application for public auction pursuant to section 39-11.5-103. If, prior to the date and time of the treasurer's recording of the application for public auction pursuant to section 39-11.5-103 (2), a lien was recorded in an incorrect county, the lienor's rights under this section are valid only if the lien is rerecorded in the correct county at least fifteen calendar days prior to the public auction. (d) The lienor has, within eight business days after the public auction, filed a notice with the treasurer of the lienor's intent to receive payment of a portion of the overbid amount; (e) The lienor has attached to the notice of intent to redeem the original instrument and any assignment of the lien to the person attempting to receive payment of a portion of the overbid amount, or certified copies thereof, or in the case of a qualified holder as defined in section 38-38-100.3 (20), a copy of the instrument evidencing the lien and any assignment of the lien to the person attempting to receive payment of a portion of the overbid amount. If the original instrument is delivered to the treasurer, the treasurer shall return the original instrument to the lienor and retain a copy. (f) The lienor has attached to the notice of intent to receive payment of a portion of the overbid amount a signed and properly acknowledged statement of the lienor setting forth the amount required to redeem the lienor's lien, including per diem interest, through the end of the nineteenth business day after the public auction with the same specificity and itemization as required in section 38-38-106. (2) Overbid payment proceeds. Upon the expiration of the overbid amount payment period under this section, the treasurer shall disburse all overbid amount payment proceeds to the persons entitled to receive them. (3) Misstatement of redemption amount. If an aggrieved person contests the amount set forth in the statement filed by a lienor pursuant to subsection (1)(f) of this section and a court determines that the lienor has made a material misstatement on the statement with respect to the amount due and owing to the lienor, the court shall, in addition to other relief, award to the aggrieved person the aggrieved person's court costs and reasonable attorney fees and costs.

C.R.S. § 39-11.5-114 Federal redemption rights

39-11.5-114. Federal redemption rights. Any redemption rights granted under federal law are separate and distinct from the redemption rights granted under this article 11.5. All liens that are junior to a tax lien pursuant to this article 11.5 are divested by the public auction conducted in accordance with this article 11.5, subject to the redemption rights provided in this article 11.5. The treasurer conducting a public auction under this article 11.5 is not designated to receive redemptions under federal law.

C.R.S. § 39-11.5-115 Certificate of option for treasurer's deed - assignability

39-11.5-115. Certificate of option for treasurer's deed - assignability. (1) The treasurer shall prepare, sign, and retain for safekeeping or deliver to the purchaser a certificate of option for treasurer's deed describing the property and confirming, except in the case of the purchaser described in section 39-11.5-101 (14)(c), that payment has been made. The treasurer may charge the purchaser a fee in an amount equal to the amount established in section 38-37-104 (1)(b)(IV) for each such certificate. (2) The certificate of option for treasurer's deed is assignable by endorsement, and an assignment thereof, when entered upon the record of sales in the offices of the county clerk and recorder and the treasurer, vests in the assignee or the assignee's legal representative all the right and title of the purchaser. (3) Upon the issuance of a certificate of option, if the lawful holder has not redeemed pursuant to section 39-11.5-111, the treasurer shall disburse the remaining proceeds that the lawful holder is entitled to from the public auction to the lawful holder to receive them.

C.R.S. § 39-11.5-116 Presentation of certificate of option for treasurer's deed for deed - fee - purchase by a local government

39-11.5-116. Presentation of certificate of option for treasurer's deed for deed - fee - purchase by a local government. (1) The treasurer shall make out and deliver a deed for each lot, parcel, interest, or improvement for which a certificate of option for treasurer's deed was sold and which remains unredeemed on demand of: (a) The purchaser or lawful holder of a certificate of option for treasurer's deed issued pursuant to section 39-11.5-115; or (b) The holder of an order issued by the board of county commissioners pursuant to subsection (3) of this section. (2) The treasurer is entitled to a fee in an amount equal to the amount established in section 38-37-104 (1)(b)(IV) for: (a) Each deed made and acknowledged by the treasurer pursuant to this section; and (b) Each deed acknowledged by the treasurer pursuant to this section. (3) (a) If a certificate of option for treasurer's deed is lost or wrongfully withheld from the rightful owner and the property has not been redeemed, a claimant may file a claim with the treasurer. (b) After reviewing a claim filed by a claimant pursuant to subsection (3)(a) of this section, the treasurer may issue an order stating that the certificate of option for treasurer's deed was lost or wrongfully withheld from the rightful owner. The treasurer shall deliver such an order to the claimant and file a copy of the certificate with the clerk and recorder. (4) (a) Whenever any certificate of option for treasurer's deed is bid on by or for a city, town, or city and county at a public auction, such city, town, or city and county is entitled to a deed, in the same manner as other purchasers at such public auctions. (b) The treasurer of a county, city, town, or city and county that purchases a certificate of option for treasurer's deed at a public auction may assign and deliver the resulting deed. In so doing, the treasurer shall charge an amount equal to the combination of: (I) The amount paid at the public auction by the county, city, town, or city and county; (II) Any interest and costs that accrued on the amount paid at the public auction by the county, city, town, or city and county; and (III) Any fee amount determined by the board of county commissioners or other board authorized to perform the duties of a board of county commissioners.

C.R.S. § 39-11.5-117 Fees and costs

39-11.5-117. Fees and costs. All fees and costs incurred pursuant to this article 11.5 are chargeable as additional amounts owing under the tax lien. The treasurer shall collect from the lawful holder prior to holding the public auction.

C.R.S. § 39-11.5-118 Abbreviations, letters, and figures may be used

39-11.5-118. Abbreviations, letters, and figures may be used. In all advertisements for the public auction and in entries required to be made by the assessor, county clerk and recorder, treasurer, or other county officers in lists, books, rolls, certificates, receipts, deeds, or notices, the assessor, county clerk and recorder, treasurer, or other county officer may use letters, figures, and abbreviations to denote townships, ranges, sections, parts of sections, lots, blocks, dates and amounts of taxes, delinquent interest, and costs.

C.R.S. § 39-11.5-119 Interaction with other law

39-11.5-119. Interaction with other law. Notwithstanding any law to the contrary, on or after July 1, 2024, a purchaser, lawful holder, or treasurer shall follow the procedures established in this article 11.5 and shall not follow the procedures established in article 11 of this title 39 concerning the issuance of a deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a treasurer shall not issue a deed pursuant to article 11 of this title 39.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-39.docxFetched: 10/6/2026

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