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A Colorado lender forecloses on a property through the Public Trustee process. After the foreclosure sale, the Public Trustee issues a deed to the winning bidder at the public auction. What type of deed does the Public Trustee issue in Colorado to convey the foreclosed property?

Correct Answer

D) Public Trustee's deed, which conveys the property without personal warranty by the Public Trustee

In Colorado's non-judicial foreclosure process, the county Public Trustee issues a Public Trustee's deed (also called a trustee's deed) to the successful bidder at the foreclosure sale. This deed is a statutory instrument that conveys the property pursuant to the power of sale in the deed of trust. The Public Trustee does not make personal warranties of title — the deed conveys the property 'as is' with respect to title. The Public Trustee's deed is unique to Colorado's Public Trustee system and is the standard deed used in the non-judicial foreclosure process under C.R.S. § 38-38-501.

Answer Options
A
Quitclaim deed, because the Public Trustee only conveys whatever interest the defaulting borrower had
B
Sheriff's deed, because all Colorado foreclosure sales are conducted by the county sheriff
C
General warranty deed, because the Public Trustee guarantees clear title
D
Public Trustee's deed, which conveys the property without personal warranty by the Public Trustee

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Related Topics & Key Terms

Key Terms:

public_trustees_deedforeclosurepublic_trusteenon_judicial_foreclosuredeed_types

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