(1) No later than ten business days following the receipt of the notice of election and demand, the public trustee shall review the documents filed pursuant to section 38-38-101 (1) and, if the filing is complete, cause the notice to be recorded in the office of the county clerk and recorder of the county where the property described in the notice is located.
(2) The public trustee shall retain in the public trustee's records a printed or electronic copy of the notice of election and demand and the combined notice, as published pursuant to section 38-38-103. Such records shall be available for inspection by the public at the public trustee's offices during the public trustee's normal business hours.
Source: L. 90: Entire article R&RE, p. 1656, § 2, effective October 1. L. 2005: Entire section amended, p. 398 § 3, effective August 8. L. 2006: Entire section R&RE, p. 1446, § 8, effective January 1, 2008. L. 2009: (1) amended, (HB 09-1207), ch. 164, p. 707, § 4, effective September 1.
Editor's note: (1) This section is similar to former § 38-37-137, as it existed prior to 1990.
(2) The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1997–2025 · leading case:
In re Murphy, 493 B.R. 576 (Bankr.D. Colo. 2013).
In re Murphy, 493 B.R. 576 (Bankr.D. Colo. 2013).
· cites it 4× “Accordingly, Colo.Rev.Stat. § 38-38-102(2)(b)(III) is inapplicable.”
Henson v. Bank of Am., 935 F. Supp. 2d 1128 (D. Colo. 2013).
· cites it 2× “To state a valid claim under Colo.Rev.Stat. § 38-38-102, Plaintiffs must come forward with facts that plausibly demonstrate that Defendant Stawiarski submitted for recording an instrument that contained “a material false statement or material false information” and did so “with…”
Amos v. Aspen Alps 123, LLC, 298 P.3d 940 (Colo. Ct. App. 2010).
“in relevant part: All contracts or agreements made by any person while a member of any combination, conspiracy, trust, or pool prohibited under this article which are founded upon, or are the result of, or grow out of, or are connected with any violation of this article, either…”
Bolen v. Kathleen v. Ferry Trust, 949 P.2d 82 (Colo. Ct. App. 1997).
· cites it 2× “): If no redemption is made [by the owner] within the redemption period provided for in Section 38-38-302, the henor having the senior hen, according to the records of the county clerk and recorder .”
Viegas v. Rojas (D. Colo. 2025).
· cites it 4× “The recommendation notes that plaintiffs cite Colo. Rev. Stat. § 38-38-102 , which describes the procedure by which a party receives notice of a foreclosure action.”
— Colo. Rev. Stat. § 38-38-102(2)(b)(III) — 1 case
In re Murphy, 493 B.R. 576 (Bankr.D. Colo. 2013).
“Accordingly, Colo.Rev.Stat. § 38-38-102(2)(b)(III) is inapplicable.”
— Colo. Rev. Stat. § 38-38-102(a) — 1 case
In re Murphy, 493 B.R. 576 (Bankr.D. Colo. 2013).
“Accordingly, Colo.Rev.Stat. § 38-38-102(2)(b)(III) is inapplicable.”
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