Colorado foreclosure, explained

The Colorado foreclosure timeline, step by step

Most Colorado foreclosures are handled by the county Public Trustee, not a judge. Here's every step, the real deadlines, and what you can still do at each stage.

Short answer: In Colorado, the foreclosure officially starts when your lender records a Notice of Election and Demand (NED) with the county Public Trustee. The sale is usually set about 110–125 days later. In between there's a Rule 120 court hearing, and you can still cure (catch up) up to noon the day before the sale if you file a notice of intent to cure at least 15 days before. There is no owner redemption period after the sale.
StageTypical timingWhat it means for you
First missed paymentDay 1Late fees, calls and letters from your loan servicer.
30 days lateAbout 1 monthUsually reported to credit bureaus. If you live in the home, Colorado's Foreclosure Protection Act now protects you from investors ("equity purchasers").
60–120 days late2–4 monthsLoss mitigation: your servicer should review options like a repayment plan, modification or short sale. Many lenders take months here before filing.
Notice of Election and Demand (NED) recordedOften 3–6+ months after the first missed paymentThe official start. The Public Trustee mails notices and sets a sale date.
Rule 120 hearingBetween the NED and the saleYour lender asks a court to authorize the sale. It's a narrow hearing: hardship isn't a defense, but you can attend. Talk to an attorney if you think something is wrong.
Notice of intent to cureAt least 15 days before the saleFile it with the Public Trustee to keep your right to catch up.
Cure deadlineNoon the day before the salePay the full cure amount (missed payments, fees and costs) to reinstate the loan.
Public Trustee saleAbout 110–125 days after the NED, unless postponedAn auction. The lender usually bids about what's owed; if there's equity, investors may bid more.
After the saleDays to weeksNo owner redemption period. The new owner can move to take possession (eviction).

What you can still do at each stage

Before the NED (pre-foreclosure)

This is when you have the most options: repayment plan, forbearance, loan modification, selling the home, or a short sale. Call your servicer's loss-mitigation department and get free advice from a HUD-approved housing counselor.

After the NED

The clock is running. You can still cure, apply for a modification, sell (if you have equity), or pursue a short sale. Lenders sometimes postpone a sale while a complete application or offer is under review, but they don't have to.

Inside 37 days of the sale

Federal servicing rules don't require your servicer to review a new application or short sale offer received within 37 days of the sale. It can still happen, but it's much harder. Call right away.

Sources: Colorado Revised Statutes Title 38, Article 38 (foreclosure); Colorado Rule of Civil Procedure 120; federal mortgage servicing rules (Regulation X). Exact dates depend on your file. Check your Public Trustee notice, and remember sale dates can be postponed.

Common questions

How long does foreclosure take in Colorado?

From the first missed payment it often takes 6 months to a year or more, depending on how long your lender waits to file. From the recorded Notice of Election and Demand to the sale is usually about 110–125 days, unless the sale is postponed.

Can I get my house back after a Colorado foreclosure sale?

Generally no. Colorado removed the owner's redemption period after the sale in 2008. Act before the sale.

How do I find out if my home is in foreclosure in Colorado?

Check the mail from your county Public Trustee, or search your county Public Trustee's website by name or address. Most have a public foreclosure search.

What is the cure deadline in Colorado?

You can cure (catch up) up to noon on the day before the sale, but you must file a written notice of intent to cure with the Public Trustee at least 15 days before the sale.

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