Foreclosure Law

In order to start the foreclosure process, certain documents must be submitted to the Weld County Public Trustee's Office. The foreclosure begins when the Notice of Election and Demand (NED) is recorded within 10 business days after the NED and other documents are received from the foreclosing lender in the Weld County Public Trustee Office. For non-agricultural property, the sale of property takes place 110 to 125 calendar days after the NED is recorded. For agricultural property, the sale takes place 215 to 230 days after recording.

The longer cure period gives the property owner the opportunity to work things out. In order to cure, payment of the amounts in arrears plus costs and expenses of the foreclosure is required. On the other hand, redemption would require payment of the amount bid at sale and often the amount bid at sale is the entire amount of the secured debt which makes redemption much more costly. The owner will no longer have the ability to redeem property after the sale.

Only lienors or assignees of lienors may have a right to redeem. Redemption rights are available to holders of interests that are junior in priority to the lien foreclosed. To prevent misuse of the redemption process, the junior lien must have been recorded prior to the NED. The lienor must file a notice of intent to redeem within eight business days after the sale. After the end of all redemption periods, a Confirmation Deed is issued to the Certificate of Purchase holder or the last redeeming lien holder. Title vests free and clear of all liens and encumbrances subordinate or junior to the foreclosed lien.

The article is not intended to serve as legal advice but is information only. To learn more about the new law and the foreclosure process, refer to Title 38 of the Colorado Revised Statutes or consult with your own legal counsel.

The foreclosure must be commenced with the Weld County Public Trustee in the county where the property being foreclosed is located. The following documents are submitted to the Weld County Public Trustee's Office to start the foreclosure.

1. Notice of Election and Demand (NED)
2. Original Evidence of Debt with all assignments/endorsements
3. Original Deed of Trust
4. Initial Mailing List
5. Combined Notice
6. Deposit of $900.00

(Please refer to C.R.S. 38-38-101 which sets out in detail the specific documentation to the submitted to the office of the Public Trustee).

The documents must be submitted by a Colorado-licensed attorney representing the lender of the loan in default. The Weld County Public Trustee records the Notice of Election and Demand (NED) within ten business days after receiving the documents from the lender's attorney. Recording of the NED starts the foreclosure process.

The Combined Notice of Sale and Right to Cure and Redeem is sent to the parties on the Initial Mailing List. The mailing list must include all parties whose interests appear in an instrument recorded subsequent to the foreclosed Deed of Trust and prior to the recording of the NED. Two mailings of the Combined Notice are required. The Combined Notice must be mailed no more than 20 calendar days after recording of the NED to those persons and addresses on the initial mailing list. The Combined Notice must be mailed again to persons on the amended mailing list or if no amended mailing list to the persons on the mailing list 45 to 60 calendar days prior to the first scheduled sale date. The Combined Notice is published for four weeks (five consecutive weekly publications) unless a longer period is specified in the Deed of Trust or other lien being foreclosed.

The Weld County Public Trustee sets the sale date to be not less than 110 calendar days and not more than 125 calendar days from the date of recording of the NED for residential properties. For agricultural properties, the sale date is set not less than 215 calendar days nor more than 230 calendar days.

A listing of all foreclosures going to sale is available for viewing on the Weld County Public Trustee reports page.

After the Weld County Public Trustee is assured that funds are collected by it, a Certificate of Purchase will be issued by the Weld County Public Trustee and recorded at the office of the Weld County Clerk & Recorder. The original Certificate of Purchase will be retained in the Weld County Public Trustee's Office. There will be no duplicate Certificate of Purchase and the successful bidder will not receive a Certificate of Purchase from the Weld County Public Trustee's Office. A copy of the recorded Certificate of Purchase can be purchased at the office of the Weld County Clerk & Recorder. After all redemption periods have expired, a Public Trustee's Confirmation Deed will be issued.

The interest under the Certificate of Purchase is fully assignable in writing. Written Assignments of the Certificate of Purchase should be recorded prior to being provided to the Weld County Public Trustee so that an accurate Confirmation Deed may be issued.

As of July 1, 2024 , any property sold to a 3rd party at a Weld County Foreclosure sale after July 1, 2024, will require a payment of a $300.00 fee, over and above the winning bid amount. Pursuant to C.R.S. § 38-37-104(1)(b)(XIII), performing actions related to processing a sale if the holder of the certificate of purchase is not the holder of the evidence of debt, no more than $300.00.

Bid Statements

The foreclosure sale bid must be submitted to the Public Trustee no later than noon on the second business day before the date of sale. The bid must be signed by the attorney or signed and acknowledged by the holder. The Public Trustee is not responsible for the legitimacy or accuracy of the bid at a sale. Costs included in bid statements can include late payment charges, default interest, prepayment premiums, appraisal fees, engineering fees, inspection fees, and costs and expenses relating to foreclosure. Costs can also include attorney fees. A deficiency bid occurs when the foreclosing party bids less than the amount of the debt. The difference between the debt and the bid is the deficiency. Failure to timely submit the bid will result in the Public Trustee continuing the sale from week to week.

The holder's bid will be made public upon receipt. The holder or holder's attorney need not attend the sale. The written bid may be amended by the holder or the holder's attorney no later than noon of the day before sale in writing or electronically, or orally at the time of sale. A person amending the bid at sale must be physically present at the sale and must note the modification on the itemized bid and re-execute the bid at that time.

Bidding at Sale

A listing of all foreclosures going to sale is available for viewing on the Weld County Public Trustee's website. 

A successful bidder who does not complete a purchase within the allotted period of time three times will be banned from bidding on foreclosed properties at the Weld County Public Trustee auction.

After the Public Trustee is assured that funds are collected, a Certificate of Purchase will be issued by the Public Trustee and recorded at the Clerk and Recorder's Office. The Certificate of Purchase will be issued in the name that appears on the bid sheet. The original recorded Certificate of Purchase will be retained in the Public Trustee's Office. There will be no duplicate Certificate of Purchase and the successful bidder will not receive the Certificate of Purchase from the Public Trustee. A copy of the recorded Certificate of Purchase can be purchased at the Clerk and Recorder's Office. After all redemption periods have expired, a Public Trustee's Confirmation Deed will be issued and recorded at the Clerk and Recorder's Office 15 days after title vests. 

Statements of Authorization/Bid Sheets

• Foreclosure sales are every Wednesday at 10:00 a.m.
• You or your representative (with documentation as outlined below) must be present to bid.
  • If it is your first time at sale and you are bidding under a company name or on behalf of another person, you MUST submit a Notarized Statement of Authorization (SOA). Please list all names that are authorized to bid.
  •  Any time a new person is authorized to bid on behalf of another person or company a new SOA must be submitted.
  • The SOA form can be found and downloaded in the forms section below. 

Pre-Sale List

• The Pre-Sale List is updated on the Weld County Public Trustee’s website on Mondays after 5:00p.m.
•  All properties going to sale for that week will be listed on the Pre-Sale List.
• If the property you are looking for is not on the Pre-Sale List, then the PT office did not receive a bid from the lender’s attorney.
• The Pre-Sale List will state the lender’s bid amount.
  • The lender’s bid amount = the starting bid amount
• A deficiency occurs when the foreclosing lender submits a written bid less than the amount owed.
• The lender may elect to sue the homeowner or anyone else who signed the original promissory note for the amount of the deficiency.
• Bids can be pulled up until 9:59 a.m. the day of sale.
• Properties are sold to the highest bidder.

Certificate of Purchase/Intent to Redeem Public Trustee Deed

• Certificate of Purchase (COP) holders DO NOT have access to the property for the first eight business days after sale.
• The COP will be issued to the name that appears on the bid sheet.
• The COP does not transfer title. A Junior Lienor may file an Intent to Redeem (ITR) no later than close of business on the eighth business day after sale.
• If an ITR is filed, the COP holder will be notified by the contact information provided on the bid sheet.
•  If the Junior Lienor redeems the property, the COP holder will be fully refunded plus interest.
• Title does not vest until all redemptions periods are over.  If an ITR is not filed, title will vest into the COP holder’s name on the ninth business day after the sale
• A Public Trustee Deed (PTD) aka Confirmation Deed will be issued once title vests into the new owner’s name
• If the COP is not going to be assigned, the PTD can be issued as soon at title vests. • Please email the Public Trustee stating the foreclosure number and state the COP will not be assigned. Emails can be sent to eforeclosures@weld.gov.
• If the Public Trustee does not receive notification that the COP is not going to be assigned, the PTD will automatically be issued 15 business day after title vests.
• If the COP is going to be assigned, our office must receive the assignment no later than close of business on the eighth business day.
  • The assigned COP must already be recorded with the Weld County Clerk and Recorder.
  • CRS 38-38-403 outlines the required information needed for the Assignment of the Certificate of Purchase
• Once title vests into the new owner’s name they will have access to the property.
• If the property is still occupied when title vests, please contact the Weld County Sheriff’s Department regarding the eviction process.
• Unofficial recorded copies of the COPs and PTDs are available on our website to print and view at your convenience. The Weld County Public Trustee does not provide copies of these documents. To receive an official copy, please contact the Weld County Clerk and Recorder.

The Weld County Public Trustee office does not offer legal advice. The above information provided is for informational purposes only. 

•  Notice of Intent to Cure Form(PDF, 115KB)(PDF, 167KB)
• Statement of Authority Form(PDF, 109KB)
• Affidavit of Discrepancy(PDF, 2MB)

It is illegal for any person to contract, combine, or conspire with any person to rig any bid, or any aspect of the bidding process, in any way related to the provision of any commodity or service. CRS 6-4-106

This includes but is not limited to:

• Arranging with others to take turns bidding
• Agreeing to not bid
• Asking someone to not bid
• Suppressing bidding in any way
• Agreeing to withdraw bids after the sale is closed
• Attempts to collude to influence the outcome of the foreclosure sale

There are civil and criminal penalties for such activities including one to three years imprisonment, two years of parole and up to $250,000 fine and we will prosecute.

If anyone approaches you at any time, and attempts to discuss any of these tactics, notify one of our staff members immediately!