Foreclosure Process Prior to Sale

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 (215 and 230 days if the property is agriculture). The foreclosure sale is published in a general circulation newspaper for five consecutive weeks.

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.

How to Cure the Default on a Property in the Foreclosure Process

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.

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.  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).

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 the request or at least 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.

The owner will be contacted as soon as the office of the Public Trustee receives the cure figures.  The funds must be in the form of cash or certified funds.  The owner 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.

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 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

Foreclosure Deferment

Colorado Revised Statutes 38-38-801 et. seq. make provisions for a property owner to qualify for a foreclosure deferment.  Please call the Douglas County Housing Partnership for details at 303.784.7856.

Postponement of Scheduled Sale Date

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.

Additional Resources