After the required documentation is received by the Office of the Douglas County Public Trustee, the Public Trustee files a Notice of Election and Demand with the Clerk and Recorder. The foreclosure sale is set between 110 and 125 days after the date of the Notice of Election and Demand. The foreclosure sale is published in a general circulation newspaper for five consecutive weeks.

The combined Rights to Cure and Redeem and a copy of the published sale notice are mailed to each individual on the mailing list provided by the foreclosing attorney.

Before the sale, the owner of the property has an opportunity to cure the default on the property by filing an Intent to Cure form with the Public Trustee's office. The Intent to Cure form must be filed at least 15 days prior to the sale. We cannot accept late intent forms without the permission of the foreclosing party. The owner must cure the default on the property by 12 noon on the day before the foreclosure sale.

Often, a property will not go to sale on its originally scheduled date because the foreclosing attorney has not filed a bid or because an owner has filed bankruptcy. Filing of a bankruptcy by the owner of the property stops the foreclosure until the automatic stay is lifted, the bankruptcy by the bankruptcy court abandons the property, or the bankruptcy case is dismissed or closed. The foreclosure sale date extends week to week until the Bankruptcy Court takes action.

A property that has not gone to sale on its originally scheduled date is listed as being continued. A list of properties that are being sold or continued is posted each Wednesday morning by our office.

A property can be continued for up to one year by the foreclosing attorney at which time the attorney must withdraw the foreclosure. Properties that are part of a bankruptcy proceeding can be continued indefinitely.

How to Cure the Default on a Foreclosed Property

Colorado Revised Statute 38-38-104 makes provisions for a property owner to cure the default on his mortgage before it goes to foreclosure sale.

Colorado Revises Statues 38-38 Part 8 makes provisions for a property owner to qualify for a foreclosure deferment. Please call the Douglas County Partnership for details at 303-784-7856.

Filing an Intent to Cure

The Intent to Cure form must be filed with the Office of the Public Trustee at least 15 days prior to the scheduled foreclosure sale date.

The owner must provide evidence of ownership. This may be in the form of the recorded Warranty Deed, Quit Claim Deed, etc. If you do not have the document, a recorded copy may be obtained at the Clerk and Recorder office, 301 Wilcox St., Castle Rock.

Upon receipt of the completed Intent To Cure form, the Public Trustee will request the cure amount from the attorney for the foreclosing party. The foreclosing party must provide the cure amount to the office of the Public Trustee within 10 days of receipt of request or eight calendar days prior to the sale date, whichever is earlier. Failure to provide these figures will postpone the foreclosure sale until figures are received.

You will be contacted as soon as the office of Public Trustee receives the cure figures. The funds must be presented to the Office of the Public Trustee no later than noon the day before the scheduled foreclosure sale date. The funds must be in the form of cash or certified funds.

Some things to remember:

• The Public Trustee cannot accept late Intent to Cure forms
• It may take 10 days to receive the cure amount -- please file your Intent to Cure as soon as possible
• It is your responsibility to contact the office of the Public Trustee for updated figures for the amount to cure as interest, late fees, attorney fees, etc., continue to accrue
• Please provide a working phone number and/or e-mail address where we may contact you with the cure amount