HB 1098 Colorado House · 2026 Regular Session

Public Trustee Act Foreclosure Procedures

Summary
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; andSpecify the conditions under which an omitted party's interest may be terminated.(Note: This summary applies to this bill as enacted.)
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Passage
Apr 2026
Senate Passage
Apr 2026
Signed into Law
May 2026
Introduced Feb 3, 2026 Signed May 4, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Rerevised Final Act · 5 edits · Apr 20, 2026
MODERATE
This bill modifies the Colorado Public Trustee Act to update public trustee salaries, clarify funding sources, and remove a procurement requirement for trustees appointed by the governor. It establishes specific salary amounts based on county class and the date the trustee's term began, while also defining new terms like 'nonmaterial misstatement' to improve legal clarity in foreclosure proceedings.
Scope change
The bill applies to all public trustees in Colorado, with specific salary provisions tailored to different county classes and varying start dates for their terms.
FISCAL

Updated public trustee salaries based on county class and the date the trustee's term began, including a new lower salary tier for counties where the county treasurer serves as the public trustee.

Clarified that trustee salaries must be paid monthly from the county's general fund and reimbursed quarterly from collected fees or a special reserve account.

REQUIREMENT

Eliminated the requirement that public trustees appointed by the governor must follow the state Procurement Code for purchases over $20,000.

DEFINITION

Added a definition for 'nonmaterial misstatement' to clarify that minor errors in legal documents do not invalidate them.

Repealed the definition of 'certified copy' and references to it.

Floor votes · Senate Apr 2, 2026 · House Mar 2, 2026

How they voted

610
Passed · 3 other
Total votes 64
Apr 2, 2026
D Democratic42
41 Yea 1
97% Yea
R Republican22
20 Yea 2
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
8
Committee
2
Amendments
2
May 4, 2026
Signed into law
Governor Signed
executive
Apr 22, 2026
Upper · Passed
Signed by the President of the Senate
upper
Apr 22, 2026
Lower · Passed
Signed by the Speaker of the House
lower
Apr 2, 2026
Introduced
House Considered Senate Amendments - Result was to Concur - Repass
lower
Apr 2, 2026
Senate · Passed
Senate Vote: pass (61-0-3)
senate
Mar 25, 2026
Introduced
House Considered Senate Amendments - Result was to Laid Over Daily
lower
Mar 24, 2026
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Mar 18, 2026
Upper · Passed
Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole
upper
Mar 6, 2026
Introduced
Introduced In Senate - Assigned to Local Government & Housing
upper
Mar 2, 2026
Lower · Passed
House Third Reading Passed - No Amendments
lower
Feb 24, 2026
Lower · Passed
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
lower
Feb 3, 2026
Introduced
Introduced In House - Assigned to Transportation, Housing & Local Government
lower
4 primary · 9 co-sponsors

Sponsors