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Right to the remaining overbid after a treasurer’s public auction

Colo. Rev. Stat. § 39-11.5-109

In plain words

Since 2024 (after Tyler v. Hennepin County), Colorado requires a public auction before a tax-lien holder can take your property, and the extra money (overbid) is paid out. After junior lienholders are paid, any remaining overbid must be paid to the property owner. The treasurer must mail you a notice about it within 30 days after the auction.

Who is protected

Owners of Colorado property sold at a treasurer’s public auction.

When it applies

  • Only in Colorado.
  • Only after the foreclosure sale.
  • Only if you are behind on property taxes.
Check whether it applies to you

What you can do

  • Get property-tax help

    Answer the treasurer’s overbid notice and give your current address and proof of ownership.

    Deadline: As soon as you receive the notice

    Open the tool

Honest limits

  • Colorado restricts paid “recovery” agreements for this money; you can claim it yourself.
  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State lawTreatment of an overbid (tax auction)

    Colo. Rev. Stat. § 39-11.5-109

    What it says: After lienors, any remaining overbid is paid to the property owner, with notice mailed within 30 days.

    Read the official text

Court cases

  • Homeowner wonCited for this right
    Tyler v. Hennepin County

    Tyler v. Hennepin County, 598 U.S. 631 (2023)

    a government that sells a home for unpaid taxes and keeps the value beyond the tax debt takes property without just compensation

  • Homeowner lostCited for this right
    Pung v. Isabella County

    Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)

    after a fairly conducted tax sale, the government owes the former owner the surplus from the sale price, not the property's fair market value

  • Homeowner wonSame topic
    Hall v. Meisner

    Hall v. Meisner, 51 F.4th 185 (6th Cir. 2022)

    a homeowner's equity in property taken for a smaller tax debt is protected property, and taking it without compensation states a federal takings claim

  • Homeowner wonSame topic
    Jones v. Flowers

    Jones v. Flowers, 547 U.S. 220 (2006)

    when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property

  • Homeowner wonSame topic
    Mennonite Board of Missions v. Adams

    Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)

    a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner lostSame topic
    Milton v. U.S. Bank National Ass'n

    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)

    an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced

  • Homeowner lostSame topic
    BFP v. Resolution Trust Corp.

    BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)

    the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code

Related rights

State lawVerified Sep 23, 2026

Right to redeem after a tax lien sale

Colo. Rev. Stat. § 39-12-103(1)

In Colorado, the county sells a tax lien on your property, not the property itself. You, or anyone with a legal or equitable claim, can redeem by paying the treasurer the taxes, interest and costs. The lien buyer generally cannot seek a public auction of the property until three years after the sale.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to real notice before the government takes or sells your home

U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

Read this right
Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

Read this right
Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

Read this right
Federal regulationVerified Sep 23, 2026

Fair handling of your escrow account

12 C.F.R. § 1024.17(c)(1)

If your servicer collects money for taxes and insurance (escrow), it must pay those bills on time as long as you are not more than 30 days behind. It must review the account every year and send you a statement. It cannot keep more than a small cushion (one-sixth of a year's payments), and it must refund a surplus of $50 or more within 30 days of the review. When you pay off the loan, it must return what is left within 20 business days.

Read this right