Foreclosure Law

Overview

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.

Foreclosure Process

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. Statement of Current Ownership
  6. Deposit of $900.00
  7. Statement of Loan Servicer (If Applicable)

(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.

Sale Bids

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. 

Sale Information

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. 

Foreclosure Definitions

PLEASE NOTE: Colorado’s foreclosure laws may change from time to time by legislation adopted by the Colorado General Assembly and signed by the Governor. Please refer to Colorado Revised Statutes, Title 38, Article 37 and 38 for the most recent laws and their effective dates. Foreclosure laws have changed several times over the last few years.

Every foreclosure case can go through many phases or legal steps during its processing from beginning to end. That’s what the “status” line is for and it generally shows which phase or step a foreclosure case is in at the current time. You must take into consideration that the Public Trustee’s office is currently processing foreclosure cases under different sets of laws, deadlines and requirements. The following is a general description of what each “status” means:

 Bankruptcy - When a borrower files a Bankruptcy Petition prior to or during publication of the notice of foreclosure, the U.S. Bankruptcy Court will usually issue a stay order requiring that the foreclosure action not be continued until further notice from the court. The foreclosure sale extends week to week until the Bankruptcy Court takes action. If the Bankruptcy Court subsequently issues an order granting relief from the stay order, then the foreclosure may be restarted.

Bid/Amended Bid - An initial written bid is due from the foreclosing lender/holder by noon (12:00 pm Mountain Time) two business days prior to the scheduled foreclosure sale date. A bid usually includes the outstanding principal amount, interest due, and statutorily-allowable fees and costs from the attorney and Public Trustee. Bids submitted on time may be amended by noon (12:00 pm Mountain Time), the day before the sale. If an initial written bid from the lender is not received timely for a foreclosure set to go to sale, the foreclosure sale is continued for at least one week.

Certificate of Purchase (COP) - The Public Trustee issues this document to the successful bidder at the Foreclosure Sale to show that the successful bidder has an interest in the property. It is recorded with the Clerk & Recorder’s office and made public record, but it does NOT transfer title or ownership of the property to the holder of the Certificate of Purchase. It may also be used as a lien if there is another foreclosure running at or about the same time period on the same property. The Certificate of Purchase is assignable to someone else at the option of the holder prior to title vesting.

Confirmation Deed/Deed Issued/Deeded - Once all redemption periods have expired and no redemption has been made (or a redemption has been made and a Certificate of Redemption has been issued and recorded), the Public Trustee may issue a Public Trustee’s Deed or Confirmation Deed to the holder of the Certificate of Purchase or the holder of the last-issued Certificate of Redemption. The Deed is then recorded with the Clerk & Recorder’s office and transfers title to the property from the previous owners (borrowers) to the new owner.

Continuance - The scheduled sale date may be continued (postponed) at the request of the lender or its attorney, or it may be continued by the Public Trustee, for legally defined reasons up to one year past the original sale date. Continuances cannot be made after that 12-month period has expired and the foreclosure may, at that time, be subject to withdrawal. The Public Trustee is NOT legally authorized to continue a sale date simply because the borrower/landowner has requested a continuance.

Cure/Intent to Cure - A cure may be made prior to the foreclosure sale only by certain people/entities who have a legal right to cure the default on the mortgage or Deed of Trust. If a property owner (or other legally-entitled person) believes they can bring the past-due payments current (plus all fees and costs of the lender, lender's attorney, and Public Trustee), they must file with the Public Trustee's office a Notice of Intent to Cure at least 15 days prior to the scheduled sale date. The Public Trustee's office then requests cure figures from the lender. Cure figures from the lender are due to the Public Trustee's office within 10 business days of the request or by the eighth (8th) calendar day before the sale. Once cure figures are received, the Public Trustee provides those to the party who filed the Intent to Cure. The cure amount given is effective through the deadline listed on the cure statement. 

Current Lender/Beneficiary - It is a common practice for mortgage companies to "sell" loans to other lenders or pools of lenders. The current lender (or beneficiary) of a loan will frequently not be the mortgage company that made the loan when the property was initially purchased.

Deed of Trust - In Colorado, a mortgage is generally called a Deed of Trust and that document is signed and recorded at the time the property is purchased and financed. The Deed of Trust gives the Public Trustee the right to sell the property through foreclosure proceedings if the borrower defaults on the terms of the Deed of Trust or Promissory Note (non-payment or other default).

Deficiency - Foreclosing lenders must submit bids that they believe reflect the property's value at the time of the foreclosure sale. If the lender feels the property is worth less than the amount owed on it, the "deficiency amount" reflects the difference. If the property is sold for less than the amount owed on the loan at the time of sale (plus all costs and fees), the lender may attempt to collect the deficiency amount personally against the borrower through a separate court action because the deficiency amount is NOT extinguished by the foreclosure.

Junior Lienor - There may be more than one deed of trust or other lien on a property. Anyone who holds a lien on a property is called a lienor and may have a right to redemption of the property according to law. Lienors need to have a recorded interest in the property being foreclosed prior to the NED recording date. In order to redeem the property in foreclosure, a lienor must file a Notice of Intent to Redeem within eight (8) business days of the sale. Lienors interested in exercising their legal rights on a foreclosure property are strongly advised to consult with an attorney.

Mailings - By law, the Public Trustee must mail notices and information to persons/entities specified on the mailing lists provided to the Public Trustee by the lender or its attorney.  This notice sets out the time and date of the foreclosure sale. There are at least two mailings sent out to the mailing lists provided.

Notice of Election and Demand (NED) - The notice of Election & Demand for Foreclosure (NED) is the first document the Public Trustee’s office receives from the lender or its attorney. This is recorded with the Clerk & Recorder’s office, and the foreclosure is officially started at this time.

Order Authorizing Sale (OAS)/Rule 120 Court Action - When a loan is referred to an attorney for a foreclosure action, the attorney files a court action under Rule 120 of the Colorado Rules of Civil Procedure. The borrowers/owners are notified of the date and time for the court hearing and may attend that hearing. The purpose of the hearing is to provide the lender's attorney an opportunity to prove to the judge that a "reasonable probability” exists that the loan is in default. If the borrower/owner does NOT appear at the court hearing, the court will consider from the evidence presented whether there is a reasonable probability that a default exists and then, if so, will enter an Order Authorizing Sale to permit the foreclosure action to proceed. Before the Public Trustee's office may sell a property on the foreclosure sale date, it must have received from the lender's attorney a signed copy of the Order Authorizing Sale. Any foreclosure sale made without that Order is invalid.

Overbid - If a property goes to foreclosure auction sale and is purchased for more than the total owed to the lender (amount of lender’s bid plus any deficiency equals the total owed to lender) and amounts owed to all other lien holders, the owner of the property at the time of the NED filing should contact the Public Trustee’s office after the sale has occurred because such owner may have funds due to him/her.

Publications - By law, the Public Trustee must publish the mailed notice in a newspaper of general circulation within Weld County. We currently publish in the Greeley Tribune. The notice must be published at least 5 consecutive weeks.

Recission - Means the foreclosing lender (who was the successful bidder at the Foreclosure Sale and is the holder of the Certificate of Purchase) has filed with the Public Trustee no later than 8 business days after the Foreclosure Sale a Notice of Rescission of Sale. Once a sale has been rescinded, it is essentially set aside and voided as if the sale had never taken place. The foreclosure action may be re-set for a new Sale Date or withdrawn if requested by the lender or its attorney.

Redemption - Means that a lienor (or other qualified person/entity with a recorded interest in the property PRIOR to the NED recording date), other than the foreclosing lender, has timely redeemed the property after the Foreclosure Sale has been held. A redemption requires that all funds owing to the foreclosing lender or holder of the Certificate of Purchase (COP), including attorney's fees and costs and Public Trustee's fees and costs, be paid in full. If a property is redeemed before the deadline expires, a Certificate of Redemption (COR) will be issued. Once the COR has been issued by the Public Trustee, it is assignable to someone else at the option of the holder. Ultimately, the last COR issued will obtain ownership of the property through a Public Trustee's Confirmation Deed.

Restart - When a borrower files a Bankruptcy Petition prior to or during publication of the notice of foreclosure, the U.S. Bankruptcy Court will usually issue a “stay order” requiring that the foreclosure action not be continued until further notice from the court. If the Bankruptcy Court subsequently issues an order granting “relief” from the stay order, then the foreclosure may be restarted. If the foreclosure is restarted, the Public Trustee’s office must follow the court’s order to re-record the NED, re-publish the Notice in the newspaper and reset a new Foreclosure Sale Date.

Scheduled Sale Date - A sale date is established somewhere between 110 and 125 days for non-agriculture properties, and between 215 and 230 days for agriculture properties  after the NED is recorded to allow time for legal notice mailings and for newspaper publications to be completed. The original sale date may be continued upon request of the lender or its attorney, or it may be continued by the Public Trustee only under legally-defined circumstances.

Set Aside Court Order - There are many legal reasons why a sale may have to be set aside by Court Order, and this means that a motion has been or is being filed to set aside the sale on the property or that a court order has already been entered setting aside a sale previously held. The foreclosure case may be restarted, and the sale may be continued to a new date once the Order of Court is signed or there could be other court-ordered requirements if the foreclosing lender wishes to proceed with the foreclosure thereafter.

Temporary Restraining Order (TRO) – This means that a court with jurisdiction has issued an order temporarily restraining anyone from proceeding with the foreclosure action.

Third Party Bidder - If someone other than the foreclosing lender (usually referred to as a "third party bidder") bids more than the initial written bid submitted by the foreclosing lender, that is an overbid. The successful third party bidder must submit certified funds by 2:00 pm (Mountain Time) the day of the sale via wire or cashier’s check.

Withdrawn/To be Withdrawn - A foreclosure may be withdrawn (stopped) for several reasons at the request of the lender or its attorney, or by the Public Trustee if the sale has been continued for too long a period of time and not held within 12 months from the originally-scheduled Sale Date. When a foreclosure is cured that will also withdraw the file. Once a foreclosure is withdrawn, if the default remains or occurs again, a new foreclosure action may be started by the lender.

Bid-Rigging Alert

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!