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Judicial foreclosure available: Yes
Non-Judicial foreclosure available: Yes
Public Trustee - A Colorado Concept
In contrast to most states, where the trustee is usually
the hired gun of the lender, Colorado has an impartial, accountable, "public
trustee" appointed by the Governor for each county, who handles power of sale
foreclosures on request. The public trustee may take only the compensation set
by law. A private lender engages a public trustee by filing with the trustee
two copies of a notice of election and demand for sale, the original note or a
suitable bond and a mailing list of persons who must receive foreclosures
notices.
Non-judicial Foreclosure
Preliminary Notices
Advertising
A notice of sale stating the time and place of the
foreclosure must be advertised in accordance with the terms of the deed of
trust, but under Colorado law all deeds of trust must prescribe a weekly
advertising period for the notice of sale in a newspaper of general
circulation, of not less than four weeks.
Recording
The public trustee must record the lender’s notice
of election and demand for sale.
Mailing
The public trustee must mail, within ten days after the
publication of the notice of election and demand for sale, a copy of the same
and a notice of sale as published in the newspaper, to the borrower and any
owner or claimant of record, at the address given in the recorded instrument.
The public trustee must also mail, at lease 21 days before the foreclosure
sale, a notice to the borrower describing how to redeem the property.
Right-to-Cure Default
If the loan default is due to nonpayment, then the
borrower can give notice of an intention to cure the default at least seven
days before the foreclosure sale. The trustee must then, on request,
investigate and tell the borrower the sum due on the loan. If, on or before
12:00 noon of the day before the date of the sale, the owners, parties or
borrowers pay to the officer conducting the sale all delinquent principal and
interest payments that are due as of the date of such payment, plus costs,
expenses, late charges and attorney’s fees, but not future principal
(since no extra debt is allowed due to acceleration) then the foreclosure must
be stopped. This right my be exercised more than one time.
Sale Procedures
Date
The foreclosure sale must be held between 45 days and 60
days after the recording of the election and demand for sale.
Place
The public trustee may conduct the sale at any door or
entrance to a courthouse, not withstanding the deed of trust’s provisions,
or the trustee may conduct the sale at the location specified in the deed of
trust.
Post-Sale Matters
The trustee will pay an excess proceeds from the
foreclosure sale to creditors in order of their priority, and the balance to
the grantor, who has five years to claim it. Title is conveyed by deed to the
higher bidder, who may be the lender.
Deficiency
The lender may sue for a deficiency.
Redemption
The borrower has 75 days after the date of sale to
redeem the premises by paying the public trustee the sum for which the property
was sole, with interest. A variety of redemption periods exists for junior lien
holders. Special rights exist in the case of agricultural borrowers.
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