Redemption by lienor - procedure - definition
The general lienor redemption procedure for foreclosure sales, amended by HB 24-1337 (2024) to carry a separate track for association liens. Where the lien foreclosed is a unit association lien, an alternate lienor under §38-38-305.5 may redeem no sooner than thirty-five days and no later than one hundred eighty days after the sale, by paying the sale amount with interest plus the sums allowed under §38-38-107. Subsection (11) defines "unit association lien" as a lien in a unit in a common interest community. The redemption window sits in Article 38 of Title 38, not in CCIOA — a distinction that matters when reading a compliance summary that places it in §38-33.3-316. HB 26-1098, effective July 1, 2026, made three changes. Under new (1)(c.5), the holder of an assigned lien may redeem only if the assignment was recorded with the county clerk and recorder at least fifteen calendar days before the sale. Under (1)(e), a lienor may attach recorded copies, rather than certified copies, of its instrument and any assignment. Under (1)(f), a junior lienor that is not a qualified holder must also submit receipts, invoices, and proof of its fees and costs and verify that they are reasonable and were actually incurred as of the filing of its intent to redeem.
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HB 26-1098 (Chapter 90, Session Laws of Colorado 2026) amended C.R.S. §38-38-302, Colorado's statute on redemption by lienors after a foreclosure sale. New (1)(c.5): "If a lien is assigned, the holder's rights under this section are valid only if the assignment of the lien is duly recorded in the office of the clerk and recorder of the county at least fifteen calendar days prior to the actual date of sale." Subsection (1)(e) now lets a lienor attach "recorded copies thereof" in place of the original instrument and any assignment of the lien; it previously read "certified copies thereof". Amended (1)(f) adds: "A junior lienor that is not a qualified holder shall also submit to the officer receipts, invoices, and proof of fees and costs and verify that all fees and costs are reasonable and were actually incurred as of the date of the filing of the intent to redeem." Effective July 1, 2026.
| Ref | Requirement |
|---|---|
| (1)(f) | Since July 1, 2026, a junior lienor that is not a qualified holder cannot redeem on its own statement of what it is owed. It must give the officer receipts, invoices, and proof of each fee and cost it claims, and verify that each was reasonable and actually incurred by the day it filed its intent to redeem. |
| (4)(a)(II)(B) | After an HOA lien foreclosure sale, a person in the priority list — the former owner first — has a window running from day 35 to day 180 to buy the property back by paying the sale price plus interest and allowed costs. |
- Colorado HOA Foreclosure After HB 24-1337 (4)(a)(II)(B) Supporting