(1) Upon the expiration of all redemption periods allowed to all lienors entitled to redeem under part 3 of this article or, if there are no redemption periods, upon the close of the officer's business day eight business days after the sale, title to the property sold shall vest in the holder of the certificate of purchase or in the holder of the last certificate of redemption in the case of redemption. Subject to the right to cure and the right to redeem provisions of section 38-38-506 and subject to the provisions of section 38-41-212 (2), such title shall be free and clear of all liens and encumbrances junior to the lien foreclosed. No earlier than ten business days nor later than fifteen business days after both the title vests and the officer has received all statutory fees and costs, the officer shall execute and record a confirmation deed pursuant to section 38-38-502 or 38-38-503 to the holder of the certificate of purchase or, in the case of redemption, to the holder of the last certificate of redemption confirming the transfer of title to the property; except that the officer shall execute and record a confirmation deed prior to the tenth business day after title vests, if the officer has received all statutory fees and costs and notice from the appropriate holder that the certificate will not be assigned. But under no circumstances shall the officer be required to issue a confirmation deed unless the officer has received an order authorizing the sale that meets the requirements of section 38-38-105 (2)(a). Failure of the officer to execute and record such deed or to record the deed within the time specified shall not affect the validity of the deed or the vesting of title.
(2) Notwithstanding any provision of law to the contrary, an officer may not include an assignee as a grantee in a confirmation deed, unless:
The officer has received a copy of the assignment executed in accordance with section 38-38-403 within ten business days after title vests; and
The assignment was dated, signed, and notarized or recorded prior to the time titlevests.
Source: L. 90: Entire article R&RE, p. 1669, § 2, effective October 1. L. 2006: Entire section amended, p. 1474, § 28, effective January 1, 2008. L. 2007: Entire section amended, p. 1844, § 21, effective January 1, 2008. L. 2009: Entire section amended, (HB 09-1207), ch. 164, p. 720, § 17, effective January 1, 2010. L. 2012: Entire section amended, (SB 12-030), ch. 96, p. 324, § 12, effective September 1.
Editor's note: (1) This section is similar to former § 38-39-110, as it existed prior to 1990.
(2) The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)