Foreclosure Posting Requirements
Foreclosures are by a quasi-judicial process. Once a borrower is at least thirty (30) days delinquent, the lender (or a
Trustee) mails to the borrower a notice containing contact information for the Colorado Foreclosure Hotline and
the lender’s loss mitigation department. Thirty (30) after the notice is sent, the Trustee may file a Notice of Election
with the Public Trustee, including evidence of the debt and the Deed of Trust, a list of parties entitled to notice, and
a document known as a combined notice. Within ten (10) days, the Public Trustee files the Notice of Election with
the County Clerk/Recorder. Within twenty (20) days of the recordation, the Public Trustee mails the combined
notice to the original grantor, any party obligated to the debt, and the ‘‘occupant’‘. Not less than sixty-five (65)
days prior the sale, the mortgagee must provide the Public Trustee with an updated mailing list. The Public Trustee
must again mail the combined notice to the above parties and also junior interests and the current owner between
forty-five (45) and sixty (60) days prior to the sale. During that same window, the Public Trustee must commence
publishing the combined notice for 5 consecutive weeks. The lender (or Trustee) must obtain a court order
authorizing the Public Trustee to conduct the sale. Payment defaults must be cured no later than fifteen (15) days
prior to the sale.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the
direction is as vague as ‘any public place within the county in which the property is located.’ Other times, the statute
requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales can be
conducted at public auction held at the front door of a courthouse of the superior court in the judicial district where
the property is located, unless the deed of trust specifically provides that the sale shall be held in a different place.
Foreclosure Timeline:
| Timeline Step | Days for Step | Total Days |
|---|---|---|
| Mailing of warning notice to grantor | 1 | 1 |
| Filing with Public Trustee | 30 | 31 |
| Recordation by Public Trustee | 1-10 | 32 |
| Initial Mailing by Public Trustee | 1-20 | 33 |
| Second Mailing (45-60 days before sale) | 1-15 | 50-80 |
| Publication | 29-35 | 74-95 |
| Obtain Court Ruling | 1 | 180-123 |
| Sale by Public Trustee | 110-125 | – |
(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)