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Douglas County Government offices closed Monday, July 4.  Visit DoItOnlineDouglas.com for dozens of services offered online.   Enjoy the 4th of July but remember Stage 1 Fire Restrictions are in place. 

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Public Trustee

Foreclosure Information for Homeowners

Information for Homeowners Facing Foreclosure

Are You In Foreclosure?

To verify if you are in foreclosure, use the Foreclosure Property Search.  Choose search option 2 , and search by: Borrower Last Name, a Property Address, a PT#, an Attorney File Number, etc. .

Upon receipt and acceptance of the required documents submitted by the foreclosing attorney:

  1. A Notice of Election and Demand is filed with the Clerk and Recorder.
  2. If no action is taken by the borrower,  a Combined Notice of Sale (CNOS), which establishes the time and place of sale, is mailed to all parties and published for five consecutive weeks as required by law. Foreclosure notices are published in the Douglas County Newspress, Highlands Ranch Herald, Parker Chronicle and Lone Tree Voice.
  3. The right to Cure and a copy of the published notice are mailed to each individual on the mailing list provided by the foreclosing attorney.

The foreclosure sale is set between 110 and 125 days after the date of the Notice of Election and Demand (215 and 230 days if the property is agriculture). The foreclosure sale is published in a general circulation newspaper for five consecutive weeks with the Colorado Community Newspapers (Douglas County NewsPress, Highlands Ranch Herald, Parker Chronicle and Lone Tree Voice).

 

Verify Properties in Foreclosure

Foreclosure Property Search

What steps do I take if I received a foreclosure notice?

Young family looking at paperwork with worried expression

How to stop a foreclosure

If you plan to pay the debt

If you feel you may be able to obtain sufficient funds to cure the default (get caught up to date on your payments), you may file a  Notice of Intent to Cure.  

Submit the completed Intent to Cure form to our office.  We will request the cure amount from the attorney for the foreclosing party, the amount must be provided within 10 business days of receipt of the request unless the Intent to Cure was filed late.  Failure to provide these figures will postpone the foreclosure sale until figures are received.

The borrower will be contacted as soon as the office of the Public Trustee receives the cure figures.  The funds must be payable to the Douglas County Public Trustee in the form of cash, certified funds, or federal wire transfer.  The borrower must cure the default on the property by the deadline in the Cure Statement or by 12 noon on the day before the foreclosure sale, whichever is earlier.

Also, you should contact the Douglas County Housing Partnership at 303.784.7856 or your lender to determine if foreclosure mitigation/loan modification services are available to you. 

Intent to Cure information

  • 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.  It can be filed by the property owner, a junior lienholder, a surety or guarantor of the evidence of debt and others as specified 38-38-104(1).
  • 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 beyond the expiration date in the Cure statement
  • Please provide a working phone number and/or e-mail address where we may contact you with the cure amount.

Loss Mitigation

If you believe that your lender or servicer has failed to provide a single point of contact or they are still pursuing foreclosure even though you have submitted a completed loss mitigation application or you have been offered and have accepted a loss mitigation option, you may file a complaint with the Colorado Attorney General (720-508-6006) or the Consumer Financial Protection Bureau (855-411-2372) or both. However, the filing of a complaint in and of itself will not stop the foreclosure process.

Excess Sale Proceeds

When your home sells for more than was owed to the foreclosing lender, you may be entitled to some or the entire excess amount. However, if there are any liens on your home or if you are behind in your HOA dues, we may have to pay those liens first. Please contact our office to find out if you may be able to receive the funds at 303-660-7417. If you contact us directly, there is no cost to you to claim the excess amount due to you.

Postponement & Bankruptcy

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 for bankruptcy.  Filing of a bankruptcy by the owner of the property stops the foreclosure until the automatic stay is lifted by the Bankruptcy Court or the bankruptcy case is dismissed or closed.  The foreclosure sale date extends week to week until the Bankruptcy Court takes action and the lender requests the foreclosure begin again.

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

A property can be continued for up to one year from the originally scheduled sale date by the foreclosing attorney after which time the attorney must withdraw the foreclosure.  Properties that are part of a bankruptcy proceeding can be continued indefinitely as long as they are under the jurisdiction of the Bankruptcy Court.