For junior lien holders, the redemption period begins the day after the sale. The first junior lien holder has 19 business days following the sale to redeem after filing their intent. Each subsequent junior lien holder then has five additional days to redeem (See Foreclosure Timeline).
All Intent to Redeem forms from junior lien holders must be filed with the Public Trustee within eight business days after the sale. For all junior lien holder redemptions, the junior lien holder must have a recorded interest in the property prior to the Notice of Election and Demand recording date. There is a $50 fee to file each Intent to Redeem. In addition, the junior lien holder must present a certified copy of the recorded interest in the foreclosed property.
Special Requirements for HOA Lien Holders
Douglas County requires the following documentation for all HOA lien holders wanting to redeem an HOA lien
- Intent to redeem specifying the amount of the lien, deduction of senior amount (if any senior amount was assigned), and any interest amount.
- The HOA general ledger for the last 18 months for the property address in foreclosure
- Copy of the first page of the HOA covenant declarations showing the recording stamp
- Assignment showing the transfer of the lien amount
- Lien statement
If there is an Internal Revenue Service (IRS) or U.S. Government agency (i.e. Small Business Administration or U.S. Treasury) lien against the property, the agency may file an intent to redeem with the Public Trustee and must follow the junior lien holder redemption process outlined in the state statutes except that Douglas County will extend the redemption period to 120 days. If the agency redeems under federal law, the Public Trustee’s office is not involved in the redemption.
A redeeming lien holder must present the redemption amount in cash or certified funds to the Public Trustee by the close of business on the final day of his redemption period. The Public Trustee cannot accept late redemption proceeds. A certificate of purchase holder may pass on certain expenses to a redeeming lien holder. (See Affidavit to be Filed by Lienor). A junior lien holder may only include expenses as outlined in C.R.S. 38-38-107.
A Certificate of Redemption is issued to the party redeeming the property from the foreclosure. The cost of a one-page Certificate of Redemption is $36.00. The redemption interest is fully assignable meaning that the Certificate of Redemption may be sold.
A Confirmation Deed may be issued to the holder of the Certificate of Purchase the 9th day after the sale if there are no redeemers. Otherwise, the Confirmation Deed is issued to the Certificate of Purchase holder, or to the last redeeming junior lien holder after the expiration of all redemption periods have expired.
In both instances, title vests free and clear of all liens and encumbrances junior to the foreclosed lien except omitted parties--parties that were not notified of the foreclosure but who have an interest in the property, C.R.S. 38-38-506.