Surplus funds in Colorado: the rules, straight.
State law tightly limits (or bars) contingency recovery here, so intake is case-by-case with counsel review first.
Foreclosure / mortgage surplus
State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.
Public trustee holds the overbid ~6 months (§ 38-38-111).
C.R.S. § 38-38-111(2.5): pre-escheat recovery agreements are UNENFORCEABLE and inducing one is a class 2 MISDEMEANOR. No lawful pre-escheat model.
Tax sale overages
State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.
Post-HB24-1056 auction regime.
Same § 38-38-111(2.5) exposure — HOLD until counsel clears a model.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: ≥$25 → Great Colorado Payback; post-escheat 10% cap after waiting period.
Cars, boats & RVs in Colorado: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.
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