CPTA Legislative Committee Meeting  Minutes
August 20, 2004

Attendees:  Bob Sagel, Jeannie Reeser, Mary Wenke, Karen Sheaffer, Mary Schaefer, Larry Gilliland, Connie Joiner, Jack Arrowsmith, Jim Covington, Peggy Foley, and Tina Whitmer

 ·       Prior Year Legislation

HB 1300-Notarization

Release Statue:  The question was presented if we should change statue to reflect new legislation.  It was decided that a change was not necessary.

New forms:  The forms Committee will meet Sept. 10, 2004.  Arapaho and Morgan County will send copies of their new forms as they are processing without notarization.  They are using a seal.  The seal can be registered with the Sec. of State, although not required.

HB 219-County Clerk e-filing systems

As of July 1, 2004 the C&R no longer sends $.50 to the state. As the C&R moves forward  in their e-filing process, it will be imperative for the Public Trustees to be part of the planning process.

  ·       Bar Association meetings and proposals.

We assume they will begin meeting in the upcoming months.  Bob Sagel has been our representative in the past and will continue with support.  Jeannie Reeser, Larry Gilliland, Peggy Foley, and Mary Wenke will attend if there should be any need to do so.

Bar Association Past Proposals:

  1. Excess Bid procedures

  2. E-Filing for foreclosures

  3. Allowable  expenses for cure and redemptions

  4. Procedures for setting aside a sale

  5. Procedures for handling overlapping redemption periods/parallel sales

  6. Omitted party issues

 ·       Previous Committee Recommendations

  1. Correct the foreclosure fee statute to change the calculation from $400,000.00 to $480,000.00

  2. Get better clarification of the indemnification section for releases

  3. Remove the requirement that continuances be read aloud.

  4. Give the PT's the authority to void or cancel a sale after a certain amount of time if the attorney fails to file a Withdrawal

  5. Lengthen the timeline for publication when a file has gone to sale in error due to bankruptcy

  6. Lengthen the cure period and do away with owner redemptions

All the above issues were discussed and the general consensus was that the minor issues could be rolled into a bill and if that bill would not garner a great deal of attention, we would move forward with these changes.  There was general consensus to pursue the PT authority to void or cancel a sale after a certain amount of time if the attorney fails to file a Withdrawal.  The committee would also consider moving ahead with the removal of the requirement that continuances be read aloud. 

There was also an agreement to bring consistency to our number of days for each procedure. i.e.  time line for publication when a file as gone to sale in error due to bankruptcy.

 The last, previously submitted recommendation was of interest for the future of our processes.  It was determined that the legislative committee as a whole would research, gather data and study the possible change in Cure and Redemption time lines.

 ·       New Proposals:

A suggestion was received to consider legislation as to when Deeds of Trusts are released and when the fee is collected.  It was determined that we would not pursue this issue.

Jeannie Reeser volunteered to work with Peg to consolidate all issues the committee had determined to be considered in 2005.

·       Next Meetings:

Limon Conference,   September 23, 2004

Fall Conference, October 14, 2004