Colorado surplus funds recovery

SB 26-144 repealed and reenacted C.R.S. Title 39, Article 11.5, effective June 1, 2026 for treasurer's deeds issued on or after that date; §§ 39-11.5-112 and 39-11.5-303 govern overbid distribution and claims. A qualifying junior lienor must file with the treasurer within eight business days after the public auction under § 39-11.5-303(1)(c).

SB 26-144 repealed and reenacted C.R.S. Title 39, Article 11.5, effective June 1, 2026 for treasurer's deeds issued on or after that date; §§ 39-11.5-112 and 39-11.5-303 govern overbid distribution and claims. A qualifying junior lienor must file with the treasurer within eight business days after the public auction under § 39-11.5-303(1)(c). The treasurer pays eligible lienors by priority and the balance to the owner between the ninth and fifteenth business days under § 39-11.5-303(3).

The treasurer pays eligible lienors by priority and the balance to the owner between the ninth and fifteenth business days under § 39-11.5-303(3). Unclaimed owner overbids of at least $25 stay in escrow for two years from auction before state transfer; smaller unclaimed balances transfer to the county after six months under § 39-11.5-112(3).

C.R.S. § 38-38-111 governs public-trustee foreclosure overbids, paying eligible junior lienors in recording priority and then the borrower or person entitled. HB 26-1098 amended § 38-38-111 effective July 1, 2026, allowing an entitled person to claim while the remaining overbid is held in escrow for two years from sale.

C.R.S. § 38-38-111 governs public-trustee foreclosure overbids, paying eligible junior lienors in recording priority and then the borrower or person entitled. HB 26-1098 amended § 38-38-111 effective July 1, 2026, allowing an entitled person to claim while the remaining overbid is held in escrow for two years from sale. Unclaimed overbids of at least $25 then transfer to state unclaimed property or are held under an applicable county resolution.

Unclaimed overbids of at least $25 then transfer to state unclaimed property or are held under an applicable county resolution. The Public Trustee Act, §§ 38-38-100.3 et seq., governs the sale and junior-lien redemption, whose § 38-38-302 deadlines are separate from an owner overbid claim.

C.R.S. §§ 38-13-101 et seq. govern unclaimed property, with initial owner claims under § 38-13-903 and decisions under § 38-13-904. Section 38-13-903 sets no fixed initial owner-claim deadline.

C.R.S. §§ 38-13-101 et seq. govern unclaimed property, with initial owner claims under § 38-13-903 and decisions under § 38-13-904. Section 38-13-903 sets no fixed initial owner-claim deadline. The administrator must allow or deny a filed claim within 90 days.

The administrator must allow or deny a filed claim within 90 days. The two-year local overbid holding period is a transfer point, not a bar to a later state claim.

Unclaimed owner overbids of at least $25 stay in escrow for two years from auction before state transfer; smaller unclaimed balances transfer to the county after six months under § 39-11.5-112(3). The Public Trustee Act, §§ 38-38-100.3 et seq., governs the sale and junior-lien redemption, whose § 38-38-302 deadlines are separate from an owner overbid claim. The two-year local overbid holding period is a transfer point, not a bar to a later state claim.