(1) Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:
To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and
In the case of proceedings and actions for enforcement or foreclosure of any othertypes of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.
(2) On and after October 1, 1990, in all proceedings for the foreclosure of deeds of trust and mortgages executed before July 1, 1965:
The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes 1963, assaid sections existed prior to July 1, 1965, shall apply in lieu of section 38-38-302 and section 38-38-303 (1) to (3) as it existed prior to January 1, 2008; and
The provisions of section 118-9-18, Colorado Revised Statutes 1963, as in effect onJuly 1, 1965, and numbered as sections 38-38-103 and 38-38-104 on and after October 1, 1990, shall not apply.
Wherever the term "foreclosure", or variations thereof, or the concept of "foreclosure" is used in or referred to in article 37, 38, or 39 of this title, it shall be deemed to include sales of real estate upon execution, unless the context otherwise requires.
If a deed of trust grants a power of sale to the public trustee but contains no provisionon the manner in which the power of sale is to be exercised, the deed of trust shall not be void or voidable, and the holder of the evidence of debt may foreclose the deed of trust in accordance with the provisions of this article on the foreclosure of deeds of trust through the office of the public trustee or in the manner of a mortgage through the courts.
Source: L. 90: Entire article R&RE, p. 1674, § 2, effective October 1. L. 2006: (1) and
(2)(a) amended and (4) added, p. 1480, § 38, effective January 1, 2008.
Editor's note: (1) This section is similar to former § 38-39-119, as it existed prior to 1990.
(2) The effective date for amendments made to subsections (1) and (2)(a) and for the enactment of subsection (4) 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.)