Colorado surplus funds list

Colorado surplus funds rules

Sales that create surplus

Public trustee (non-judicial) foreclosure sale; Judicial/sheriff foreclosure sale; Treasurer's deed public auction after tax lien (HB24-1056, CRS 39-11.5); HOA foreclosure (via public trustee/sheriff, same overbid rules)

Who holds the money

Public trustee holds overbid in escrow 6 months from sale (38-38-111(3)(a)(II)); must mail notice within 30 days after redemption periods expire if >= $25 and publish if > $500 unclaimed 60 days after redemption. Tax-lien auction overbid: county treasurer (39-11.5).

Unclaimed funds go to

Public trustee overbid unclaimed 6 months after sale: < $25 to county general fund; >= $25 transferred to State Treasurer unclaimed property ('Great Colorado Payback'). Treasurer-deed auction overbid holding period/escheat: . verify

How owners claim

Public trustee: contact trustee and submit claim form within 6 months (Denver form linked); after transfer, claim free at Great Colorado Payback (colorado.findyourunclaimedproperty / State Treasurer). Treasurer deed auction: junior lienors file overbid claim with treasurer after sale; owner contacts county treasurer. — deadline: 6 months from public trustee sale, then claim from State Treasurer with no deadline.

Agent / finder fee cap

While held by public trustee: any agreement to pay compensation to recover overbid is unenforceable; inducing one is a class 2 misdemeanor (38-38-111(2.5)(c)). After transfer to State Treasurer: 20% max if agreement made 2-3 years after transfer; 30% max if > 3 years (38-13-1304). Treasurer-deed overbid (HB24-1056): compensation agreements to recover owner's overbid from treasurer prohibited/unenforceable, class 2 misdemeanor. verify

Waiting period

No fee agreement during public trustee custody; finder agreement unenforceable unless made at least 2 years after transfer to State Treasurer (i.e., roughly 2.5 years after sale).

Registration

No finder registration in 38-13-1304; agreement must be written, signed by owner, describe property and sale date, services, and state owner may claim directly from State Treasurer free.

Getting the list

Denver Public Trustee posts an 'Excess funds list' PDF (e.g., as of 5/8/26) on its 'Did your house sell?' page. Douglas County Public Trustee publishes unclaimed funds PDF. Public trustees with websites must post an owner notice (38-38-111(2.5)(a)). Others: CORA request to public trustee; State Treasurer unclaimed property database for transferred funds.

Law: CRS 38-38-111(2.5), 38-13-1304; CRS 39-11.5 (HB24-1056) · confirm details with the county; rules change.