C.R.S. § 39-11.5-102: Lawful holder - application for treasurer's deed - fee.

(1) After August 1 of the third calendar year following the date of a tax lien sale, a lawful holder may apply for a treasurer's deed for the property described in the certificate of purchase in accordance with this section.

(2) (a) A lawful holder must file an application for treasurer's deed in substantially the following form:

application for treasurer's deed

to the county treasurer of___________county, Colorado:

Treasurer's deed number ___________

The undersigned, as the lawful holder of treasurer's tax lien sale certificate(s) of purchase no.(s) ________ issued pursuant to the tax lien sale held on the ____ day of ________, 20__, for the taxes and/or special assessments in the amount of $________ for the tax year(s) ______ hereby requests that the county treasurer, give notice and take such proceedings as are required by law so that the undersigned may be entitled to a treasurer's deed to the property described in the certificate of purchase, more particularly described as follows, to-wit:

legal description:

Situated in the county of ___________, state of Colorado.

Property address: __________

Account/schedule number: __________

Parcel number: ___________

Current assessed owner: ___________

Lawful holder name: ___________

Lawful holder address: ___________

Lawful holder city, state, and zip code: ___________

Lawful holder signature: ___________

Date: ___________

Current year taxes: _____________

Jr lien endorsements: ____________

Investment balance of tax lien: ____________

(b) A lawful holder must submit a certificate of purchase, or a recorded copy thereof, if recorded by the treasurer at the time of the tax lien sale, for each property included in an application for treasurer's deed and any assignments of each certificate of purchase in accordance with this section.

(c) Any number of properties not exceeding twenty-five, whether contiguous or noncontiguous, when held under one title of ownership, or whether included in an irrigation district or not so included, and although tax liens for the property were separately sold at the tax lien sale or covered by more than one tax sale certificate, may be included and described in one application for a treasurer's deed as provided for in this subsection (2). These properties, not exceeding twenty-five in number, may also be included and described in a single application for a treasurer's deed notice and are in conformity with this article 11.5 in all other respects. The notice of public auction must prominently display the name of the person in whose name the property was taxed or specially assessed for the year in which the tax lien was sold. This name must appear at or near the beginning of the notice and in close proximity to the reference to the tax lien sale certificate number and the description of the property involved. The information in the notice must be sufficient to allow identification of the property with the name of the person assessed if all certificates included in a single notice for public auction are held by the same person.

(3) In the event that the amount of the tax lien balance or any nonmaterial misstatement is erroneously set forth in the application for a treasurer's deed, the error does not affect the validity of the application for treasurer's deed, the notice of public auction, the publication, the posting, the public auction, the certificate of option for a treasurer's deed described in section 39-11.5-401, the certificate of redemption described in section 39-11.5-106 (4), the certificate of repurchase described in section 39-11.5-402, the treasurer's deed as described in section 39-11.5-501, or any other document executed in connection therewith.

(4) (a) A lawful holder of a certificate of purchase who has applied for a treasurer's deed pursuant to this section may assign or transfer the certificate of purchase at any time during the pendency of the public auction process. Upon receipt of written notice signed by the lawful holder, or the lawful holder's attorney, evidencing the assignment or transfer of the certificate of purchase and identifying the assignee or transferee, the treasurer shall proceed with the public auction as if the assignee or transferee were the original applicant.

(b) The assignment or transfer of a certificate of purchase during the pendency of the treasurer's deed process must be deemed made without recourse unless otherwise agreed in a written statement signed by the assignor or transferor. The lawful holder of a certificate of purchase, certificate of option for a treasurer's deed, or certificate of repurchase who assigns or transfers their certificate has no duty or liability to the assignee or transferee or to any third party for any act or omission with respect to the provisions of this article 11.5 after the date of assignment or transfer.

(5) (a) The treasurer may require the lawful holder to make a deposit of up to one thousand dollars plus the amount of fees permitted pursuant to section 30-1-102 (1.7), at the time the application for treasurer's deed is accepted, to be applied against the fees and costs of the treasurer in proceeding pursuant to this article 11.5.

(b) The treasurer may charge and accept a lesser fee amount than is permitted by section 30-1-102 (1.7)(a)(I), for an application for a treasurer's deed when the assessed value of the property in the application at the time of accepting the application for treasurer's deed is five hundred dollars or less.