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Public Trustee Act Foreclosure Procedures

Concerning modifications to the "Colorado Public Trustee Act" related to foreclosure procedures.

HB26-1098 2026 Regular Session Signed into Law Civil Law Local Government

Cost estimates

At the first note read
$0
FACT February 17, 2026
At the last note read
$0
FACT July 30, 2026
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The note states no appropriation is required.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: No appropriation is required.

Bill summary

     The act modifies the 'Colorado Public Trustee Act' to:

  • Set the salary of the public trustee in counties where the county treasurer serves as the public trustee to a fixed amount of $12,500 annually to be paid monthly from the county general fund as part of the county's standard payroll process. On a quarterly basis, the public trustee is required to reimburse the county general fund for the monthly salaries from the fees collected by the public trustee or from the public trustee special reserve account.
  • Eliminate the requirement that a public trustee make and file a full statement of all transactions of the office of the public trustee 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' for any purchase of more than $20,000;
  • Repeal the definition of 'certified copy' and references thereto;
  • Define 'nonmaterial misstatement' as a minor or inconsequential error, inaccuracy, or omission that does not significantly affect the understanding, validity, or enforceability of a document;
  • 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 an unclaimed remaining amount for which a property is sold at a foreclosure sale that is in excess of the bid amount must either be transferred to the state treasurer for disposition in accordance with the 'Revised Uniform Unclaimed Property Act' 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; and
  • Specify the conditions under which an omitted party's interest may be terminated.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)