Colorado Foreclosure Laws

Colorado Foreclosure Laws

authorWritten by Manuel Martinez, RealtyTrac contributorPublished May 29, 2013

Last updated

Key Takeaways

  • Colorado allows judicial and non-judicial foreclosure, but non-judicial foreclosure through a public trustee is most common.
  • A non-judicial foreclosure takes about six months.
  • The sale is scheduled 110 to 125 days after the foreclosure is recorded.
  • There is no redemption period for the former owner after a Colorado foreclosure sale.

Foreclosure Process Overview

Colorado allows for both judicial (in-court) and non-judicial (out-of-court) foreclosure proceedings. Managed by a public trustee, the non-judicial foreclosure process is the most common, taking about six months. Judicial foreclosures, on the other hand, are not commonly used in Colorado.

Judicial Non Judicial Comment Process Period Publish Sale Redemption Period Sale/NTS
• • Judicial rarely 145 days 60 days None Trustee

Pre-foreclosure Period

The public trustee for each county is either appointed by the governor or elected by the public. The non-judicial foreclosure process begins when a lender files the appropriate documents with the public trustee to request a sale of the property. Once the public trustee officially records the foreclosure action, a foreclosure sale can be scheduled.

After the sale is scheduled, the lender still has to obtain a separate court order allowing the sale. The court schedules a hearing to consider the matter, and all affected parties are notified. If no one contests that the borrower is in default, the court allows the sale without a hearing.

If the borrower plans to pay off the default and stop the foreclosure, he or she needs to submit notice of his intention to do this to the public trustee at least 15 days before the sale. If this is done, the borrower can pay off the default and stop the foreclosure process up until noon of the day before the sale.

Notice of Sale / Auction

The public trustee schedules the sale 110 to 125 days after the initial foreclosure action was recorded. The notice of sale is published in a local newspaper for 12 weeks. The public trustee also mails a copy of the notice to the borrower.

The public trustee typically conducts the sale at the courthouse. At the sale, the public trustee reads the written bid submitted by the lender, and any party may bid. If anyone other than the lender is the winning bidder, that person must deliver the amount bid in cash – or by cashier’s check – to the public trustee. The winning bidder is given a certificate of purchase.

There is no longer any redemption period for the previous owner after a foreclosure sale in Colorado.

Frequently Asked Questions

How long does foreclosure take in Colorado?

The common non-judicial process, handled by a county public trustee, takes about six months.

Can a Colorado homeowner stop a foreclosure by paying the default?

Yes. The borrower must notify the public trustee at least 15 days before the sale and can then cure the default until noon the day before the sale.

Is there a redemption period after a foreclosure sale in Colorado?

No. Colorado no longer has a redemption period for the previous owner after the sale.

Manuel Martinez

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.

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