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COLORADO REVISED STATUTES Page 2 of 4
<br />statement of all sums necessary to cure the default. The attorney for the holder or servicer or, if none, the holder or servicer, shall file the cure
<br />statement with the officer, and the cure statement must set forth the amounts necessary to cure. Upon receipt of the statement of the amounts
<br />needed to cure, the officer shall transmit in writing to the person filing the notice of intent to cure the default:
<br />(A) The cure statement; and
<br />(B) A statement that the person filing the notice of intent to cure is entitled to receive from the attorney for the holder or servicer or, if not
<br />represented, from the holder or servicer, upon written request mailed to the attorney for the holder or servicer or, if not represented, to the
<br />holder of servicer at the address stated on the cure statement„ copies of receipts or other credible evidence to support the costs claimed on
<br />the cure statement. This request may be sent only after payment to the officer of the amount shown on the cure statement and must be sent
<br />within ninety days after payment of the cure amount. .
<br />(II) If a cure statement is required pursuant to subparagraph (1) of this paragraph (a), the holder of the evidence of debt shall submit a signed
<br />and acknowledged cure statement, or the office of the attorney for the holder shall submit a signed cure statement, specifying the following
<br />amounts, itemized in substantially the following categories and in substantially the following form:
<br />CURE STATEMENT
<br />To: Public Trustee (or Sheriff) of the County (or City and County) of , State of Colorado (hereinafter the "officer").
<br />Foreclosure Sale Number:
<br />Grantor:
<br />The date through which the cure statement is effective:
<br />The following is an itemization of all sums necessary to cure the default (any amount that is based on a good faith estimate is indicated with an
<br />asterisk):
<br />Payments due under the evidence of debt: payments of $ each
<br />Accrued late charges
<br />Other amounts due under the evidence of debt (specify){ t
<br />Property inspections
<br />Property, general liability, and casualty insurance
<br />Certificate of taxes due
<br />Property taxes paid by the holder
<br />Owner association assessment paid the by holder
<br />Permitted amounts paid on prior liens
<br />Less impound /escrow account credit
<br />Plus impound /escrow account deficiency
<br />Title costs
<br />Rule 120 docket fee
<br />Rule 120 posting costs
<br />Court costs
<br />Postage /delivery costs
<br />Service /posting costs
<br />Attorney fees
<br />Other fee and costs (specify):
<br />Reinstatement Total $
<br />(does not include officer's fees and costs)
<br />Officer's fees and costs $
<br />(to be added by officer)
<br />Total to cure $
<br />(to be added by officer),: • ; .... ;.
<br />It may take several days before the cure is processed and entered into the holder's records.
<br />The total to cure does not include any future monthly mortgage payments that may be due.
<br />Name of the holder of the evidence of debt and the attorney for the holder:
<br />Holder:
<br />Attorney:
<br />Printed Name:
<br />Signature:
<br />Attorney address:
<br />Attorney business telephone:
<br />(III) The cure statement is a representation of fact, made upon the current information and belief of the person signing it. If the holder or
<br />servicer determines that there is an inaccurate amount contained in the cure statement, the holder or servicer, or the attorney for the holder or
<br />servicer, shall inform the officer immediately and provide a cure statement with updated figures; except that any additional or increased
<br />amounts must be added at least ten calendar days before the effective date of the original cure statement. If an inaccurate amount is reported
<br />and a corrected cure statement is not provided within the time specified in this subparagraph (III), the officer may continue the sale for one
<br />week in accordance with section 38 -38- 109(1). An estimate as allowed under subsection (5) of this section is not an inaccurate amount for
<br />purposes of this subparagraph (III).
<br />(IV) Within seven business days after the officer's notification to the holder or servicer, or to the attorney for the holder or servicer, that the
<br />officer has received the funds necessary to cure the default as reflected on the initial or updated cure statement, the holder or servicer or the
<br />attorney for the holder or servicer shall deliver to the officer a final statement, reconciled for estimated amounts that were not or would not be
<br />incurred as of the date the cure proceeds were received by the officer, along with receipts or invoices for all rule 120 docket costs and all
<br />statutorily mandated posting costs claimed on the cure statement. All amounts of cure proceeds received by the officer in excess of the
<br />amounts reflected on the final statement shall be remitted by the officer to the person who paid the cure amount.
<br />(V)(A) The holder or servicer shall remit to the person who paid the cure amount any portion of the cure amount that represents a fee or cost
<br />listed on the cure statement that exceeds,the amount actually incurred and that was not remitted by'the'officer in,accordance with
<br />subparagraph (1) of paragraph (d) of this subsection (2).
<br />(B) The officer shall remit to the person who paid the cure amount any portion of the cure amount that represents a fee or cost of the officer
<br />that exceeds the amount actually incurred by the officer.
<br />(VI) The holder or servicer is responsible for retaining receipts or other credible evidence to support all costs claimed on the cure statement,
<br />including rule 120 docket fees and posting costs, and the person who paid the cure amount is entitled to receive copies upon written request
<br />mailed to the attorney for the holder or servicer or, if not represented, to the holder or servicer at the address stated on the cure statement. The
<br />request may be made at any time after payment to the officer of the amount shown on the cure statement, but must be made within ninety
<br />days after payment of the cure amount. The attorney for the holder or servicer or, if not represented, the holder or servicer shall provide copies
<br />of all receipts or other credible evidence within thirty days after receiving the request, and may provide the copies electronically.
<br />(b) No later than 12 noon on the day before the sale, the person desiring to cure the default shall pay to the officer all sums that are due and
<br />owing under the evidence of debt and deed of trust or other lien being foreclosed and all fees and costs of the holder of the evidence of debt -
<br />allowable under•the evidence of debt, deed of trust, or other lien being foreclosed through the effective date that are set forth in the cure
<br />statement; except that any principal that would not have been due in the absence of acceleration shall not be included in such sums due.
<br />(c) If a cure is made, interest for the period of any continuance pursuant to section 38 -38 -109 (1) (c) shall be allowed only at the regular rate
<br />and not at the default rate as may be specified in the evidence of debt, deed of trust, or other lien being foreclosed. If a cure is not made,
<br />interest at the default rate, if specified in the evidence of debt, deed of trust, or other lien being foreclosed, for the period of the continuance
<br />shall be allowed.
<br />(d) (1) Upon receipt of the cure amount, and conditioned upon the withdrawal or dismissal of the foreclosure from the holder or servicer or the
<br />attorney for the holder or servicer, the officer shall:
<br />(A) Deliver the cure amount, less the fees and costs of the officer and any adjustments required under subparagraph (III) of paragraph (a) of
<br />this subsection (2), to the attorney for the holder or servicer or, if none, to the holder or servicer; and
<br />Effective 111f2015
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