C.R.S. §38-38-302
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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.

Status Active
Verified Oct 11, 2026
Source Official text

Reviewed · 4 dependent article updates in 12 months · Colorado changes feed

Change History 1 verified change on record
In force Jul 1, 2026 Statute amended

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.

Before
If, prior to the date and time of the recording of the notice of election and demand or lis pendens, a lien was recorded in an incorrect county, the holder's rights under this section shall be valid only if the lien is rerecorded in the correct county at least fifteen calendar days prior to the actual date of sale.
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(e) The lienor has attached to the notice of intent to redeem the original instrument and any assignment of the lien to the person attempting to redeem, or certified copies thereof, or in the case of a qualified holder, a copy of the instrument evidencing the lien and any assignment of the lien to the person attempting to redeem.
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(f) The lienor has attached to the notice of intent to redeem a signed and properly acknowledged statement of the lienor, or a signed statement by the lienor's attorney, setting forth the amount required to redeem the lienor's lien, including per diem interest, through the end of the nineteenth business day after the sale with the same specificity and itemization as required in section 38-38-106.
After
If, prior to the date and time of the recording of the notice of election and demand or lis pendens, a lien was recorded in an incorrect county, the holder's rights under this section shall be valid only if the lien is rerecorded in the correct county at least fifteen calendar days prior to the actual date of sale. (c.5) If a lien is assigned, the holder's rights under this …
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(e) The lienor has attached to the notice of intent to redeem the original instrument and any assignment of the lien to the person attempting to redeem, or recorded copies thereof, or in the case of a qualified holder, a copy of the instrument evidencing the lien and any assignment of the lien to the person attempting to redeem.
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(f) The lienor has attached to the notice of intent to redeem a signed and properly acknowledged statement of the lienor, or a signed statement by the lienor's attorney, setting forth the amount required to redeem the lienor's lien, including per diem interest, through the end of the nineteenth business day after the sale with the same specificity and itemization as required in section 38-38-106. A junior lienor that is …
The change in full →
Statutory Text Verified Sep 5, 2026 · olls-title38-pdf
38-38-302. Redemption by lienor - procedure - definition. (1) Requirements for redemption. A lienor or assignee of a lien is entitled to redeem if the following requirements are met to the satisfaction of the officer: (a) The lienor's lien is a deed of trust or other lien that is created or recognized by state or federal statute or by judgment of a court of competent jurisdiction; (b) The lien is a junior lien as defined in section 38-38-100.3 (11); (c) The lienor's lien appears by instruments that were duly recorded in the office of the clerk and recorder of the county prior to the recording of the notice of election and demand or lis pendens and the lienor is one of the persons who would be entitled to cure pursuant to section 38-38-104 (1), regardless of whether such lienor filed a notice of intent to cure. If, prior to the date and time of the recording of the notice of election and demand or lis pendens, a lien was recorded in an incorrect county, the holder's rights under this section shall be valid only if the lien is rerecorded in the correct county at least fifteen calendar days prior to the actual date of sale. (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. (d) The lienor has, within eight business days after the sale, filed a notice with the officer of the lienor's intent to redeem; except that, if the person is deemed an alternate lienor pursuant to section 38-38-305.5 and the lien being foreclosed is a unit association lien, the alternate lienor has thirty days to file the notice with the officer of the alternate lienor's intent to redeem. A lienor may file a notice of intent to redeem more than eight business days after sale if: (I) No lienor junior to the lienor seeking to file the late intent to redeem has redeemed; (II) The redemption period for the lienor seeking to file the late intent to redeem has not expired; (III) A redemption period has been created by the timely filing of a notice of intent to redeem; and (IV) The notice of intent to redeem is accompanied by a written authorization from the attorney for the holder of the certificate of purchase according to the records of the officer conducting the sale, or, if no attorney is shown, then the holder of the certificate of purchase, or, if a redemption has occurred, from the immediately prior redeeming lienor, or the attorney for the immediately prior redeeming lienor, authorizing the officer to accept such notice of intent to redeem. (e) The lienor has attached to the notice of intent to redeem the original instrument and any assignment of the lien to the person attempting to redeem, or recorded …
Enforcement
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.
Articles Citing This Statute
Legal references last verified October 11, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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