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PLEASE NOTE: The foreclosure laws have CHANGED several times over the past few years. Please see Title 38, Article 38 of the Colorado Revised Statutes for current law. The laws have "effective dates" for cases to which they will apply. Under the laws in effect until 1/1/08, after the expiration of all the redemption periods, a Public Trustee's Deed is issued to the holder of the Certificate of Purchase if there has been no owner redemption and no other intents to redeem were filed or no Certificate of Redemption has been issued to the last redeeming junior lienholder. The Public Trustee's Deed MUST be requested, in writing, and be paid for before it is issued. If the Certificate of Purchase has been assigned, the assignment must accompany the request for the Deed.
Under the laws in effect as of 1/1/08 and thereafter, a Public Trustee's Confirmation Deed will be issued to the person or entity granted the Certificate of Purchase or to the last redeeming lienholder after the expiration of all redemption periods. The Public Trustee's Confirmation Deed MUST be requested, in writing, and be paid for before it is issued. The Deed cannot, by law, be issued until certain time periods have elapsed after the date of sale. If the Certificate of Purchase has been assigned, the assignment must accompany the request for the Deed.
SEE BELOW to print the form for REQUEST FOR PUBLIC TRUSTEE'S CONFIRMATION DEED. That form must be accompanied by the appropriate funds for Deed issuance and recording fees.
In both instances, title vests free and clear of all liens and encumbrances subordinate or junior to the foreclosed lien.
This guide has been established as an INFORMATIONAL tool for citizens. It is not intended to serve as legal advice and you should seek your own legal counsel.
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