How to Initiate a Foreclosure in Douglas County

Colorado Revised Statue 38-38-101 requires certain documents be filed with the Public Trustee in order to initiate a foreclosure. The following documents are required to start the Public Trustee foreclosure.

1. Cover letter
2. Originally signed Notice of Election and Demand forms, which state whether all or a portion of property is being foreclosed and which further states the outstanding principal balance.
3. $600 minimum deposit payable to the Douglas County Public Trustee (refer to Fees).
4. The Original Evidence of Debt including modifications and/or assignments or in lieu of original evidence of debt, one of the following:
   1. A corporate surety bond (lost instrument bond) issued by a company authorized to issue such bonds in the State of Colorado in one and one-half times the face value of the original evidence of debt; or
   2. A copy of the evidence of debt and a certification from the holder of evidence of debt, or by the attorney for the holder stating that the lender is:
      1. A qualified holder according to C.R.S. 38-38-100.3(20); and
      2. The copy of the evidence of debt is true and correct; and
      3. The use of the copy of the evidence of debt is subject to the conditions outlined in C.R.S. 38-38-101(2)(a) or
   3. A certified copy of a monetary judgment.
5. Original recorded Deed of Trust (include modifications and/or partial releases if appropriate); or
   
   1. A certified copy thereof. (A certified copy may be obtained from the Clerk and Recorder at 301 Wilcox St., Castle Rock, CO 80104; or
   2. Copies that are certified as in 4b above.
6. The Public Trustees's Office creates the Combined Notice automatically. The notice states the "The lien being foreclosed may not be a first lien." The attorney's name, address and telephone number are also included. The Public Trustee sale is held at the Wilcox Building, 301 Wilcox St., Castle Rock, CO 80104. Sales are on Wednesday at 10:00 a.m.
7. Mailing list with original grantor or holder of evidence of debt and "occupant" plus any others believed to be holders of evidence of debt or have other interests in the property and/or their attorneys. (Do not include the Public Trustee in the list). Also include, two sets of stamped, addressed envelopes with the Public Trustee's return address on them. The mailing list may be amended.
8. Any recorded affidavit used to modify the Deed of Trust.
9. Statement identifying the current owner.
10. Notice that property requires posting based on deferment laws found in C.R.S. 38-38-802.
11. No later than noon two days before the sale, provide:
    1. Bid Letter
    2. Order Authorizing Sale
    3. Balance of our fees (if any due)
    4. If in bankruptcy, the Lift of Stay
    5. The Certification of Purchase is automatically created and recorded by the Public Trustee's Office. It is held by our office until all redemption periods are over.
12. The Deed may be requested as early as day 9 after the sale if no intents to redeem have been presented to the Public Trustee. Please provide:
    1. Cover letter-requesting Deed
    2. Any assignments if applicable (assignments will be recorded with the Confirmation Deed).
    3. $36 for a one-page deed and $5 for each additional page
    4. The Confirmation Deed is automatically created, recorded and returned to requestor.

Bradford Publishing forms may be purchased online or by calling (1-800-446-2831).