Claiming surplus funds in Fremont County
Surplus from sales in Fremont County is held by the county office that conducted the sale, typically the clerk, auditor, or treasurer. We confirm the holding office before anything is filed.
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. 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.