38-37-101. Creation of the office of public trustee.

Statute text

There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. In all counties of the second class, such public trustee shall be appointed as provided in section 38-37-102, and, in counties of all other classes, the county treasurer of the county shall be such public trustee; except that, in the city and county of Denver and the city and county of Broomfield, the public trustee shall be such equivalent officer as shall be provided by its charter or code.

History

Source: L. 90: Entire article R&RE, p. 1648, 1, effective October 1. L. 2001: Entire section amended, p. 267, 11, effective November 15. L. 2013: Entire section amended, (HB 13-1051), ch. 23, p. 54, 1, effective August 7.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article on the history and purpose of the public trustee act, see 9 Dicta 9 (1932). For note, "A Survey of the Colorado Torrens Act", see 5 Rocky Mt. L. Rev. 149 (1933). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 14 Dicta 5 (1936). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 28 Dicta 437 (1951). For article, "Enforcement of Security Interests in Colorado", see 25 Rocky Mt. L. Rev. 1 (1952). For article, "Marketable Title: What Certifiable Copies of Court Papers Should Appear of Record", see 34 Dicta 7 (1957). For article, "Limitation of Bank's Liabilities in Letters of Credit Agreements", see 15 Colo. Law. 1019 (1986).

Annotator's note. Since 38-37-101 is similar to 38-37-101 as it existed prior to the 1990 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

Grantee sufficiently identified as public trustee. A deed of trust to "the public trustee", executed by a resident of a particular county, conveying lands situate in that county, requiring notice of the sale, upon default, to be published in that county, sufficiently identifies the grantee as the public trustee of the same county. Healey v. Zobel, 45 Colo. 294, 101 P. 56 (1909).

Public trustee is not peace officer; he is no part of a statewide system, and he is uncontrolled by state authority, save for the power to remove those appointed by him which is lodged in the governor. Chambers v. People ex rel. Storer, 70 Colo. 496, 202 P. 1081 (1921).

Applied in Brewer v. Harrison, 27 Colo. 349, 62 P. 224 (1900); Brown v. Denver Omnibus & Cab Co., 254 F. 560 (8th Cir. 1918).