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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 as of 1/1/08 and thereafter (most of the cases now being processed), a Public Trustee's Confirmation Deed may 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 be signed and then either dated & notarized OR recorded OR be received in the Public Trustee's office by end of business on the 8th business day after the sale date and the Assignment must accompany the request and payment for the Deed. The Adams County Public Trustee prefers that all Assignments be recorded so there is a clear chain of title for the property. Title to the property statutorily vests in the Certificate of Purchase holder at end of business on the 8th business day so an Assignment dated/notarized or recorded or received by the Public Trustee thereafter may not be valid.
PLEASE see our "Forms & Policies" page for our Policy for Assignments of Certificates of Purchase and Certificates of Redemption.
The Public Trustee's Office is still processing a few foreclosures that were started under laws in effect PRIOR TO 1/1/08. Under those cases, OWNERS NO LONGER HAVE A REDEMPTION RIGHT AFTER THE FORECLOSURE SALE TAKES PLACE. For information on deadlines, potential rights, etc. on those "old" cases, please contact our office at 720.523.6250.
The Request For Public Trustee's Confirmation Deed must be accompanied by the appropriate funds for Deed issuance and recording fees. This form is also available on our "Forms & Policies" page.
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.
