EstatePass
Real Estate FinancingHARDFREE

Colorado deficiency judgments are:

2:24
0 views

Question & Answer

Review the question and all answer choices

A

Always prohibited

Deficiency judgments are not always prohibited in Colorado; while some states like California have broad anti-deficiency statutes for purchase-money mortgages, Colorado does not categorically prohibit deficiency judgments and allows them under specific procedural conditions.

B

Available in certain circumstances

Correct Answer
C

Automatic

Deficiency judgments are not automatic in Colorado; the lender must take affirmative legal steps by filing a separate court action after the foreclosure sale, meaning they do not arise automatically from the foreclosure proceeding itself.

D

Only for commercial property

Colorado's deficiency judgment rules are not limited to commercial property; they apply to residential mortgage foreclosures as well, subject to the procedural requirements and any applicable statutory protections for certain loan types.

Why is this correct?

Answer B is correct because Colorado Revised Statutes Section 38-38-106 allows lenders to pursue deficiency judgments after a foreclosure sale, but only through a separate civil lawsuit filed within a specific timeframe following the sale. The court in that separate action may consider the fair market value of the property, not just the foreclosure sale price, to determine the actual deficiency owed. This conditional availability β€” permitted but not automatic β€” is the defining characteristic of Colorado's deficiency judgment law.

Ready to Ace Your Real Estate Exam?

Access 2,000+ free video lessons covering all 11 exam topics.