Foreclosure sale date set in Colorado: what you can still do

Options still open before a sale in Colorado

• Confirm the sale date with the public trustee

  Today

  Call the county public trustee's office named on your combined notice and give the sale number. Continuances are announced or posted at the time and place set for the sale, so the date on your notice may have changed.

  C.R.S. § 38-38-109(1)(a)

• File a notice of intent to cure

  At least 15 calendar days before the sale

  File it in writing with the public trustee, with proof that you are the owner. The public trustee asks the lender for a cure statement, and if the lender is late in providing it the sale is continued a week at a time.

  C.R.S. § 38-38-104

• Give the public trustee your loss mitigation letter

  No later than 14 calendar days before the sale

  Bring the servicer's written notice that it received your complete application, dated at least 37 days before the sale, or that you accepted an option. The public trustee must ask the lender about it within three business days and continue the sale until the lender responds.

  C.R.S. § 38-38-103.2(3)

• Pay the cure amount

  By 12 noon the day before the sale

  Pay the amount on the cure statement to the public trustee. Ask the office ahead of time what form of payment it accepts.

  C.R.S. § 38-38-104(2)(b)

• Ask the servicer to request a continuance

  Before the sale begins

  The public trustee may continue the sale on the lender's written request. If a loan modification, refinance or sale of the home is close, ask the servicer or its attorney in writing to request more time.

  C.R.S. § 38-38-109(1)(a)

• Talk to a bankruptcy attorney

  Before the sale is held

  A bankruptcy filing stays the public trustee from conducting the sale. It has serious long-term effects, so get advice from a licensed attorney or legal aid before the sale date, not on it.

  C.R.S. § 38-38-109(2)

Common questions in Colorado