Colo. Rev. Stat. » Title 38

Colo. Rev. Stat. § 38-38-303

Time of redemption by lienor - repeal

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(Repealed)

Source: L. 90: Entire article R&RE, p. 1666, § 2, effective October 1. L. 2002: (1), (2), and (4) amended and (1.5), (5), (6), (7), and (8) added, p. 1345, § 14, effective July 1. L. 2006: (9) added by revision, p. 1481, §§ 40, 41.

Editor's note: (1) Prior to its repeal in 2008, this section was similar to former § 38-39- 103, as it existed prior to 1990. (2) Subsection (9) provided for the repeal of this section, effective July 1, 2007. The effective date for the repeal of 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 12 cases, 1993–2004 · leading case: Security Services, Ltd. v. Equity Management, Inc.
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Security Services, Ltd. v. Equity Management, Inc. (1993) coloctapp · cites it 15× “Initially, defendants contend that plaintiff lost its right to redeem when it failed to pay the public trustee in a timely manner pursuant to § 38-38-303(1), C.R.S. (1992 Cum.Supp.). They argue that the trial court erred in failing to grant their motion to terminate plaintiff’s…”
Manion v. Providian National Bank (2001) cod · cites it 3× “Pursuant to § 38-38-303, the redemption period was extended to August 24, 1998.”
Bolen v. Kathleen v. Ferry Trust (1997) coloctapp · cites it 6× “I The Ferry Trust contends that the trial court erred in concluding that no statutory redemption rights were attributable to TCB’s junior deed of trust pursuant to § 38-38-303, C.R.S. (1996 Cum.Supp.) as a matter of law solely because the record owner signed the instrument as…”
Elrick v. Merrill (2000) coloctapp · cites it 2× “However, under § 38-38-303(1), C.R.S. 1999, FSA still had ten days after June 18, 1997, within which to redeem the property.”
Hancock v. Boulder County Public Trustee (1995) coloctapp · cites it 3× “After Bingham’s redemption period had expired, Li tendered redemption funds to the public trustee pursuant to § 38-38-303, C.R.S. (1995 Cum.Supp.). On January 28, 1994, Hancock initiated this action seeking permanently to enjoin the public trustee from issuing a certificate of…”
Craft v. Storey (1996) coloctapp · cites it 13× “Section 38-38-303, C.R.S. (1996 Cum.Supp.”
Wyse Financial Services, Inc v. National Real Estate Investment, LLC (2004) colo · cites it 2× “See § 38-38-303, 10 C.R.S. (2001). . Effective July 1, 2002, the Colorado General Assembly enacted Senate Bill 02-161, significantly amending the statutory provisions governing foreclosures and redemptions.”
Paraguay Place-View Trust v. Gray (1999) coloctapp · cites it 4× “Under § 38-38-303, C.R.S.1998, if the owner or person liable for the deficiency chooses not to redeem, the lienor having the senior lien may redeem within ten days following expiration of the seventy-five day period specified in § 38-38-302, and junior lienors have five-day…”
Franks v. Colorado National Bank-Arapahoe (1993) coloctapp · cites it 2× “The Bank redeemed the property in March 1991 pursuant to § 38-38-303, C.R.S. (1992 Cum.Supp.). The Bank caused improvements to be made, listed the property for $260,000, and sold it through a real estate agent for $246,000.”
Beckhart v. HTS Properties, LLC (1998) coloctapp · cites it 2× “See §38-38-303(1), C.R.S.1998. Under §38-38-305, C.”
National Real Estate Investment, LLC v. WYSE Financial Services, Inc. (2003) coloctapp · cites it 5× “By contrast, § 38-38-303, C.R.S.2001, entitled “Time of redemption by lienor,” applies to lienors and expressly addresses the circumstance in which no party redeems within the redemption period contemplated by § 38-38-302, and subsequent lienors choose to redeem.”
Capital Investment Corp. v. King County (2002) washctapp “Colo. Rev. Stat. § 38-38-302 (judgment debtor can redeem within 75 days of sale); Colo.”
— Colo. Rev. Stat. § 38-38-303(1) — 6 cases
Security Services, Ltd. v. Equity Management, Inc. (1993) coloctapp “Initially, defendants contend that plaintiff lost its right to redeem when it failed to pay the public trustee in a timely manner pursuant to § 38-38-303(1), C.R.S. (1992 Cum.Supp.). They argue that the trial court erred in failing to grant their motion to terminate plaintiff’s…”
Manion v. Providian National Bank (2001) cod “Pursuant to § 38-38-303, the redemption period was extended to August 24, 1998.”
Elrick v. Merrill (2000) coloctapp “However, under § 38-38-303(1), C.R.S. 1999, FSA still had ten days after June 18, 1997, within which to redeem the property.”
Bolen v. Kathleen v. Ferry Trust (1997) coloctapp “I The Ferry Trust contends that the trial court erred in concluding that no statutory redemption rights were attributable to TCB’s junior deed of trust pursuant to § 38-38-303, C.R.S. (1996 Cum.Supp.) as a matter of law solely because the record owner signed the instrument as…”
Craft v. Storey (1996) coloctapp “Section 38-38-303, C.R.S. (1996 Cum.Supp.”
— Colo. Rev. Stat. § 38-38-303(2) — 1 case
Craft v. Storey (1996) coloctapp “Section 38-38-303, C.R.S. (1996 Cum.Supp.”
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