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Second Regular Session
Sixty-first General Assembly
LLS NO. 980059.01 JAG
SENATE BILL 98112
STATE OF COLORADO
BY SENATOR Coffman
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING RAISING THE PRIORITY LEVEL OF LIENS FOR
DEFERRED PROPERTY TAXES AND INTEREST.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Increases the priority level of liens for deferred
property taxes and interest that attach on or after a specific
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 393.5105 (4) (a), Colorado Revised Statutes, is amended to read:
393.5105. Listing of taxdeferred
property tax as lien interest accrual.
A lien for deferred taxes and interest shall attach on the date
of recordation of the certificate for deferral AND SHALL HAVE
PRIORITY WITH RESPECT TO OTHER LIENS AS FOLLOWS:
(I) A LIEN FOR DEFERRED TAXES AND INTEREST ATTACHING PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH (a), AS AMENDED, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 393.5110 to 393.5112.
(II) A LIEN FOR DEFERRED TAXES AND INTEREST ATTACHING ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (a), AS AMENDED, SHALL HAVE PRIORITY OVER ALL LIENS EXCEPT LIENS ATTACHED PURSUANT TO SECTION 391107 (2) AND SHALL NOT BE FORECLOSED EXCEPT AS PROVIDED IN SECTIONS 393.5110 TO 393.5112.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.