HB26-1098 · Bill · 2026 Regular Session · Colorado

Public Trustee Act Foreclosure Procedures

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Concerning modifications to the "Colorado Public Trustee Act" related to foreclosure procedures.

Official status: Became Law

4 proposed amendments

Prime sponsors

• Max Brooks (House) — Prime Sponsor
• Rebekah Stewart (House) — Prime Sponsor
• Lisa Frizell (Senate) — Prime Sponsor
• Cathy Kipp (Senate) — Prime Sponsor

Progress (from the official record)

Official summary

Official text — shown in English exactly as published by the official source. The official text controls.

The act modifies the 'Colorado Public Trustee Act' to: Set the salary of the public trustee in counties where the county treasurer serves as the public trustee to a fixed amount of $12,500 annually to be paid monthly from the county general fund as part of the county's standard payroll process. On a quarterly basis, the public trustee is required to reimburse the county general fund for the monthly salaries from the fees collected by the public trustee or from the public trustee special reserve account. Eliminate the requirement that a public trustee make and file a full statement of all transactions of the office of the public trustee to the board of county commissioners under oath; Repeal the requirement that a public trustee appointed by the governor be subject to the state 'Procurement Code' for any purchase of more than $20,000; Repeal the definition of 'certified copy' and references thereto; Define 'nonmaterial misstatement' as a minor or inconsequential error, inaccuracy, or omission that does not significantly affect the understanding, validity, or enforceability of a document; Clarify the date by which the public trustee or sheriff conducting a foreclosure (officer) must mail the combined notice of sale, right to cure, and right to redeem to persons on an amended mailing list; Clarify that a junior lienor is entitled to cure the default if the junior lienor files with the officer; Specify that an unclaimed remaining amount for which a property is sold at a foreclosure sale that is in excess of the bid amount must either be transferred to the state treasurer for disposition in accordance with the 'Revised Uniform Unclaimed Property Act' or held by the county treasurer pursuant to the terms of a county resolution regarding unclaimed funds; Add a requirement regarding redemption that specifies that if a lien is assigned, the holder's rights are valid only if the assignment of the lien is duly recorded at least 15 calendar days prior to the date of sale; and Specify the conditions under which an omitted party's interest may be terminated. (Note: This summary applies to this bill as enacted.)

Status timeline

Recorded votes

• 03/18/2026 — Senate Local Government & Housing: “Refer House Bill 26-1098, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.” — the motion passed on a vote of 7–0.
• 02/24/2026 — House Transportation, Housing & Local Government: “Refer House Bill 26-1098, as amended, to the Committee of the Whole.” — the motion passed on a vote of 13–0.

Proposed amendments (4 proposed amendments)

Source: Colorado General Assembly (leg.colorado.gov) · Data as of 2026-11-05

Full text

• Signed Act version (official PDF), 05/05/2026
• Final Act version (official PDF), 04/20/2026
• Rerevised version (official PDF), 03/24/2026
• Revised version (official PDF), 03/23/2026
• Reengrossed version (official PDF), 03/02/2026
• Engrossed version (official PDF), 02/26/2026
• Introduced version (official PDF), 02/03/2026

Official record

View HB26-1098 on leg.colorado.gov

Source: Colorado General Assembly (leg.colorado.gov) · Data as of 2026-11-05