Underwriting Q&A: How does a divorce affect an appointment (e.g., an agent under a power of attorney) or beneficiary designation (e.g., a devise under a will)?
July 20, 2020
Underwriting Q&A: How do I correct an error in a legal description? (Florida)
July 21, 2020
COLORADO
A: Nine years. C.R.S. 39-12-104 provides that an owner of real property who was under a legal disability at the time of issuance and recording of the Treasurer’s Deed has a right of redemption of the property from the tax sale for up to nine years from the date of recording of the Treasurer’s Deed. A determination of legal disability (or removal of legal disability) must be made by a court of competent jurisdiction. The question of an owner’s legal disability can rarely be determined from an examination of the real property records and a title examiner must never try to determine whether or not the owner was under a legal disability at the time of issuance of the Treasurer’s Deed.
Q. Is there any way around this nine year waiting period?
A. Yes. A quiet title action under C.R.C.P. 105. The grantee of the Treasurer’s Deed may bring an action to quiet title to the property prior to the expiration of the owner’s nine year redemption period. If a quiet title action has taken place we must determine that the property owner was personally served and that all other lien holders on the property were properly served. Once a final quiet title decree has been entered by the court, a company underwriter can then move forward with approval of insuring the property following the tax sale.
