HB 1098

The bill makes modifications related to foreclosure procedures in the 'Colorado Public Trustee Act' to: Set the salary of the public trustee in counties where the county treasurer serves as the public trustee; Eliminate the requirement that a public trustee make certain statements to the board of county commissioners under oath; Repeal the requirement that a public trustee appointed by the governor be subject to the state 'Procurement Code'; Clarify the source of funds used to pay a public trustee; Repeal the definition of 'certified copy' and references thereto; Define 'nonmaterial misstatement'; Clarify the date by which the public trustee or sheriff conducting a foreclosure (officer) must mail the combined notice of sale, right to cure, and right to redeem to persons on an amended mailing list; Clarify that a junior lienor is entitled to cure the default if the junior lienor files with the officer; Specify that unclaimed remaining amount for which a property is sold at a foreclosure sale that is in excess of the bid amount may be transferred to the state treasurer for disposition or held by the county treasurer pursuant to the terms of a county resolution regarding unclaimed funds; Add a requirement regarding redemption that specifies that if a lien is assigned, the holder's rights are valid only if the assignment of the lien is duly recorded at least 15 calendar days prior to the date of sale; Clarify an omitted party's rights after a foreclosure sale; and Specify when an omitted party's interest may be terminated. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)