HB 1098 CO Became Law
Public Trustee Act Foreclosure Procedures
A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →
Summary
The bill modifies Colorado's Public Trustee Act to make several changes to foreclosure procedures and public trustee administration. It sets a fixed annual salary of $12,500 for public trustees who are county treasurers and removes certain reporting and procurement requirements. The bill also clarifies procedures for notifying parties, recording liens, handling unclaimed funds from foreclosure sales, and defines nonmaterial misstatements and conditions for terminating certain parties' interests in foreclosed properties.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
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; andSpecify the conditions under which an omitted party's interest may be terminated.(Note: This summary applies to this bill as enacted.)
Sponsors (4)
- M. Brooks Republican · sponsor
- R. Stewart Democratic · sponsor
- L. Frizell Republican · sponsor
- C. Kipp Democratic · sponsor
9 coauthors / cosponsors
- M. Carter Democratic · cosponsor
- M. Duran Democratic · cosponsor
- R. Gonzalez Republican · cosponsor
- M. Lindsay Democratic · cosponsor
- B. Marshall Democratic · cosponsor
- J. McCluskie Democratic · cosponsor
- C. Richardson Republican · cosponsor
- J. Coleman Democratic · cosponsor
- W. Lindstedt Democratic · cosponsor
Action history (15)
- May 4, 2026 Governor Signed · executive
- Apr 23, 2026 Sent to the Governor · executive
- Apr 22, 2026 Signed by the President of the Senate · upper
- Apr 22, 2026 Signed by the Speaker of the House · lower
- Apr 2, 2026 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Mar 25, 2026 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 24, 2026 Senate Third Reading Passed - No Amendments · upper
- Mar 23, 2026 Senate Second Reading Passed with Amendments - Committee, Floor · upper
- Mar 18, 2026 Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
- Mar 6, 2026 Introduced In Senate - Assigned to Local Government & Housing · upper
- Mar 2, 2026 House Third Reading Passed - No Amendments · lower
- Feb 27, 2026 House Third Reading Laid Over Daily - No Amendments · lower
- Feb 26, 2026 House Second Reading Special Order - Passed with Amendments - Committee · lower
- Feb 24, 2026 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole · lower
- Feb 3, 2026 Introduced In House - Assigned to Transportation, Housing & Local Government · lower
Full text
The full text hasn’t been imported yet. CivicGate fetches it from the state legislature’s published version documents — check now.
Comments
Data from OpenStates. View on OpenStates →
Comments