the foreclosure process the Public Trustee ensures that the procedures are
conducted according to the Colorado State Statute (Title 38). We cannot give
legal, real estate, or financial advice.
subscribes to GTSData for Electronic Foreclosure filing. For more information
on PUSH GTS click HERE.
packets are submitted to the Public Trustee’s Office from the lender’s
foreclosing attorney. This packet must contain all documents required by
Colorado State Statute to start a foreclosure.
and Pitkin County’s Foreclosure Packet Requirements
for the deposit of $650.00 or 1/32 of 1% of the original or outstanding
principal amount, whichever is less; this deposit amount must cover the Public
Trustee Fee and recording fee for the Notice of Election and Demand
Holder of Evidence of Debt is not a qualified holder per 38-38-100.3(20)
Recorded Deed of Trust
Recorded Modifications, endorsement or assignments, and/or partial releases
Evidence of Debt (Note)
Holder of Evidence of Debt is a qualified holder per 38-38-100.3(20)
signed and properly acknowledged citing paragraph 38-38-100.3 (20) which holder
claims to be a qualified holder
o Copy Recorded
Deed of Trust
o Copy Recorded
Modifications, endorsement or assignments, and/or partial releases
o Copy Evidence of
affidavit recorded pursuant to 38-35-109 (5) affecting the deed of trust
of Election and Demand, C.R.S. 38-38-101(4)
Notice (optional since Pitkin County will create this notice based off
information provided in the Notice of Election and Demand)
identifying, to the best knowledge, the name and address of the current owner
of the property (can be included in the attorney’s cover letter)
separate document stating if the property requires posting under section C.R.S.
statement advising that there is a loan servicer, if applicable
to § 38-38-112, C.R.S., Pitkin County Public Trustee will accept the following
foreclosure documents in electronic form:
foreclosure packet required documents; unless the current holder is not a
qualified holder then the original Deed of Trust and Evidence of Debt must be
submitted along with any subsequent recorded documents
of Notice of Election and Demand for Sale
to Redeem, unless the current holder is not a qualified holder then the
original lien must be submitted
of Certificate of Purchase
of Certificate of Redemption
for Confirmation Deed
Foreclosure packet submitted to
the Public Trustee’s Office
Any time after a default/violation
occurs on a Deed of Trust secured by property located in Pitkin County
The Public Trustee will recorded
the Notice of Election and Demand (NED) within 10 business following the
receipt of a complete and correct foreclosure packet
Combine Notice, Notice of Sale and
Note of Rights –
Mailings and Publication
The mailing list is provided by
the attorney for the lender.
1st Mailing – No more
than 20 calendar days after the recording of the NED
2nd Mailing – No more
than 60 calendar days nor less than 45 calendar days prior to the first
schedule sale date
Will be published in the Aspen
Times Weekly for 5 consecutive weeks.
No more than sixty calendar days
nor less than 45 calendar days prior to the first schedule sale date
Cure (bring current)
The homeowner can file an Intent
to Cure no later than 15 calendar days prior to the date of sale.
The form can be found under the
Form & Links tab – Notice of Intent to Cure Default
Foreclosure Sale Date
(not agriculture property)
Not less than 110 calendar days
nor more than 125 calendar days from the recording of the NED.
Intent must be filed within 8
business day from the sale.
15 to 19 business days from date
of sale. Each subsequent Lienor has 5 business days to redeem
Title vest after the expiration of
all redemption periods or 8 business days after the sale if no intent to
redeem has been received. The Deed can be issued once an written request is
received from the holder of the Certificate of Purchase or Certificate of
are not accepted
must be received 24hours prior to the deadline
must be sent to the Public Trustee stating the amount, what bank the wire is
coming from, and when the wire was sent
Check payable to the Public Trustee
Foreclosure sales are held on Wednesday at 10 a.m.
on the south front step of the Pitkin County Courthouse. If you would like to
bid at a foreclosure sale you will need register with the Public Trustee’s
Office the day of sale by 9:50 a.m. Only you or an agent for you may take part
in the bidding. No two persons from the same company may bid at the same sale.
Bidding will go up increments of $50.00 or more. At the time of registering you
must have in hand the written bid amount in certified funds. If you are the
winning bidder you will have until noon to provide the overbid amount in
certified funds. Not complying with any of the mentioned rules will
automatically forfeit your bid. A forfeit bid will result in twelve month
period that you will not be able to bid at our foreclosure sales.
It is the responsibility of the
bidder to do their own research
foreclosure sale may be continued from the original day of sale to a later date
if the attorney for the beneficiary provides the Public Trustee with a written
request to continue the sale to a specific later date or for any reason deemed
by the Public Trustee for good cause. On the original day and place set for
sale, the information in the letter of continuance is read or the Public
Trustee may continue the sale by oral announcement, informing one and all about
the later sale date. The letter is kept in the official file. No re-publishing
is necessary. No sales can be held later than twelve (12) months from the
original date set for sale.
Withdrawal of Notice of Election and Demand for Sale can be submitted to the
Public Trustee’s Office by the foreclosing attorney. This document will be
recorded and the foreclosure closed.
Fees for Sale
All fees must be paid in full before a sale
If the fees are not paid in full prior to a schedule sale date, the sale will
All fees must be paid in full prior to the
recording of a withdrawal.
to CRS 38-38-109(3)(b), if no sale or a withdrawal has not been filed within
forty-five calendars days after the last date of sale (no later than twelve
months from the original sale date, not effected by bankruptcy proceedings) you
will be notified by our office stating if there is no response received within
thirty calendar days from such notice an Administrative Withdrawal of Notice of
Election and Demand for Sale by Public Trustee will be recorded. Additional
fees will be added to the file.
NOTICE TO AN
OWNER IN FORECLOSURE
your property goes to foreclosure auction sale and is purchased for more than
the total owed to the lender and to all other lien holders, please contact the
public trustee’s office after the sale because you may have funds due to you.
24-hour free bilingual service offersassistance
and guidance from trained professional housing counselors to homeownerson the foreclosure process and rights.
free counseling service provided by the non-profit Homeownership Preservation Foundation
whose mission is to help homeowners avoid foreclosure.
Court (for attorney)
- toll free 877-888-1370
Department of Regulatory Agencies (for agent or broker)