Colorado's public trustee system

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When people look for a Colorado foreclosure defense attorney, they are often surprised to learn that the sale is run by a county public trustee, a government official, rather than a private trustee hired by the lender.

That structure, used in Denver, Colorado Springs, Aurora, Fort Collins, and every other county, comes with published deadlines and filings that are available for review. Two documents get the most searches: the Notice of Election and Demand, which starts the case, and the Notice of Intent to Cure, which a homeowner files to catch up.

How foreclosure generally works in Colorado

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Colorado foreclosures are nonjudicial, with limited court involvement. The lender files a Notice of Election and Demand with the county public trustee, who records it and sends required notices. Separately, the lender asks a district court for an order authorizing the sale under C.R.C.P. Rule 120. That hearing is narrow, focused mainly on whether a default exists and whether servicemember protections apply, but it is a chance to raise certain issues.

Colorado homeowners may also be able to cure the default before the sale by filing a written Notice of Intent to Cure with the public trustee by the required deadline and paying the cure amount. Colorado allows deficiency judgments, according to Nolo.

Process source: Nolo – 50-state foreclosure chart and Nolo Colorado foreclosure law center.

Colorado foreclosure help programs

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Use the official links below. Be careful with search results: an old domain once tied to a Colorado foreclosure hotline now points to an unrelated site, so start from the agency pages listed here.

• Colorado Housing and Finance Authority (CHFA) – State housing finance authority; mortgage-assistance information for CHFA borrowers.
• Colorado Housing Connects – Statewide housing helpline and counseling referral.
• HUD-approved housing counseling agencies – Colorado list – Free or low-cost HUD-approved counselors (HUD counselor line 1-800-569-4287).

Options Summit can discuss with Colorado homeowners

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Colorado's public trustee file, the Rule 120 docket, and your servicer correspondence give a fairly complete picture. Summit can review them with you and talk through these paths.

• Foreclosure defense – A review of your Colorado notices, loan history and the lender's paperwork to identify any defenses or errors that may help stop foreclosure or slow it down.
• Loan modification – A request that your servicer change the loan terms so the payment is manageable. It is one of the most common foreclosure prevention tools for Colorado homeowners who want to keep the home.
• Foreclosure alternatives – A repayment plan, forbearance, short sale or deed in lieu can help you avoid foreclosure when catching up or keeping the property is not realistic.
• Stop sale dates – If a sale is already scheduled, ask right away about a postponement while a complete loss-mitigation application is reviewed, and about any other step that may stop a sale date in Colorado.

Which options are available depends on your loan, your servicer and how much time is left. No outcome is guaranteed.

Example Colorado foreclosure timeline

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Every loan moves at its own pace, but most Colorado foreclosures pass through the same stages.

1. First missed payment. Late fees begin. Federal mortgage servicing rules generally require the servicer to try to reach you by the 36th day of delinquency and to send written notice of loss mitigation options by the 45th day.
2. More than 120 days behind. Federal rules generally bar a servicer from starting a foreclosure on a primary residence until the loan is more than 120 days delinquent. This window is the best time to submit a complete loss mitigation application.
3. Foreclosure starts. Depending on the process the lender uses in Colorado, this is either a court filing served on you or a formal notice of default or sale. Either one carries deadlines.
4. Sale date. A court order or a notice of sale sets the auction date.
5. After the sale. What happens next, including any right to redeem, any claim for a remaining balance and the time you have to move out, depends on Colorado law and your loan documents.

Timing in your case depends on your loan and your notices. The dates printed on your own documents control.

Documents your servicer will usually ask for

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Having these ready makes it easier to apply for a loan modification or another foreclosure alternative before a deadline passes.

• The servicer's own application form, often called a Request for Mortgage Assistance
• Recent pay stubs, or a profit and loss statement if you are self-employed
• Your last two months of bank statements
• Your most recent tax returns
• A short hardship letter explaining what happened and what has changed
• Your latest mortgage statement and every foreclosure notice you have received
• A list of your monthly household expenses

Requirements vary by servicer and loan type, so confirm the list with your servicer in writing.

Common mistakes Colorado homeowners make

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• Ignoring the mail. Notices contain the deadlines that decide which options are still open.
• Waiting until a sale is close. Federal protections against a sale while an application is under review generally apply only when a complete application reaches the servicer more than 37 days before the sale.
• Sending an incomplete application. A missing page can restart the review while the foreclosure keeps moving.
• Relying on phone promises. Ask for any postponement, plan or approval in writing.
• Trusting a guarantee. Be cautious of anyone who promises to stop a foreclosure or asks you to sign over your deed.
• Moving out too early. A notice is not a sale. Leaving the home does not end the loan or the foreclosure.

Colorado Foreclosure FAQ

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What is a Notice of Intent to Cure in Colorado?

It is a written notice a homeowner files with the public trustee to bring the loan current before the sale. Deadlines and cure figures come from the public trustee, so ask for them in writing.

Do I have to go to court in a Colorado foreclosure?

Not necessarily, but the lender must obtain a Rule 120 order. Homeowners can file a response and appear at that hearing.

Where can I find free help in Colorado?

Colorado Housing Connects and HUD-approved counselors offer free guidance, and CHFA lists mortgage-assistance information for its borrowers.

Guides & Resources

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• Foreclosure Defense: How We Review a Foreclosure Case
• Loan Modification: Applying and Overcoming Denials
• Foreclosure Alternatives: Repayment Plans, Forbearance, Short Sales and More
• Foreclosure Frequently Asked Questions
• Navigating Foreclosure Defense in 2026: Key Strategies to Save Your Home and Equity
• Foreclosure Help by State: All 50 States

Talk with Summit about your Colorado foreclosure

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Colorado's deadlines are published, which means they can be planned around. Have your latest mortgage statement and any foreclosure notice handy, then call (866) 259-8777 or schedule online. Prefer to write first? Use our contact form.

Speak directly with our law firm. When you call or send the form on this page, your inquiry comes to Summit Real Estate Law Firm.

General information, not legal advice. Attorney licensing and service availability for this state must be confirmed during intake. An inquiry does not establish representation.