Foreclosure in Colorado: public trustee sale timeline

Is foreclosure judicial or non-judicial in Colorado?

For a deed of trust, the lender (the “holder”) files a notice of election and demand with the public trustee of the county where the home sits (§ 38-38-101). The public trustee records it within ten business days if the filing is complete (§ 38-38-102). That is a non-judicial process, with one court step: the lender must obtain an order authorizing the sale from a court under Rule 120 of the Colorado Rules of Civil Procedure, and a sale without that order is invalid (§ 38-38-105).

The Rule 120 hearing is narrow. The Colorado Judicial Branch says the court’s review is “very limited” and that a judge may not weigh hardship such as job loss. If you want to respond, your answer must be filed and mailed at least 7 days before the hearing, or the order can be entered without a hearing.

Timeline step by step

The clock starts when the notice of election and demand is recorded. Dates below come from the statute.

Example. If a notice were recorded on January 4, 2027, the first sale could not be earlier than April 24, 2027 (110 days) or later than May 9, 2027 (125 days). A notice of intent to cure would be due 15 days before the actual sale date.

How do you stop a foreclosure sale?

Cure the default. The owner, anyone liable on the debt, a guarantor and certain junior interest holders may file a notice of intent to cure (§ 38-38-104(1)). The public trustee asks the lender for a cure statement listing every sum needed. You then pay the public trustee all sums due under the loan and the lender’s allowed fees and costs. Principal that was due only because the lender accelerated the loan is left out (§ 38-38-104(2)(b)). A cure statement is effective for 10 to 30 days, and you can ask for an update (§ 38-38-104(5), (6)).

Use a loss-mitigation process. If the servicer confirms in writing that it has a complete loss-mitigation application, or that you accepted an offer, you can give that letter to the public trustee at least 14 days before the sale. The public trustee then must continue the sale and ask the servicer for the status (§ 38-38-103.2(3)). Federal rules also bar a servicer from making the first foreclosure filing until the loan is more than 120 days delinquent (12 CFR § 1024.41(f)). A servicer generally cannot move for a foreclosure order or hold a sale if a complete application arrives more than 37 days before the sale, until the application is resolved (§ 1024.41(g)).

Is there a right of redemption?

Not for the owner, in the sections I read. After a public trustee sale, junior lienors (such as a second lender or judgment creditor who recorded before the foreclosure) must file a notice of intent to redeem within 8 business days of the sale. Redemption by those lienors happens between 15 and 19 business days after the sale (§ 38-38-302). If no lienor redeems, title vests in the buyer or lender eight business days after the sale, and a confirmation deed follows (§ 38-38-501).

If the home sells for more than the lender and other lienors are owed, the leftover overbid goes to the borrower after lienors are paid (§ 38-38-111). Under H.B. 26-1098, effective July 1, 2026, the public trustee holds an unclaimed overbid for two years instead of six months before it goes to the state treasurer as unclaimed property. Contact the public trustee after the sale if you think funds are owed.

Can the lender seek a deficiency?

The statute assumes it can. The lender must bid at least its good-faith estimate of the home’s fair market value, less senior liens and holding costs. If it bids less, that can be raised as a defense by anyone sued for a deficiency (§ 38-38-106(6)). The amount bid at the sale determines the deficiency left on the debt (§ 38-38-302(4)(c)). A different rule applies when a lender forecloses only on missed installments without acceleration: no deficiency bid is allowed and the borrower is released from personal liability on the debt after the sale and redemption periods (§ 38-38-201).

Where can homeowners get help?

• Colorado Foreclosure Hotline: (877) 601-4673, listed by the Colorado Judicial Branch and HUD.
• HUD-approved housing counselors: (800) 569-4287, or search on hud.gov.
• Colorado Attorney General Mortgage Fraud Information Center: (800) 222-4500, if a foreclosure rescue or loan modification firm took your money. Colorado law makes it illegal for a foreclosure consultant to charge an up-front fee (§ 38-38-102.5(2)(c)).
• Legal aid: Colorado Legal Services, listed by HUD.

If you are buying a foreclosed home, see closing costs in Colorado and the guides on earnest money and title insurance.