- Who sends it
- The buyer at the sale (often the lender) or its attorney, after title has vested
- What it starts
- A court eviction case with an appearance date 7 to 14 days after the summons is issued
- Do this first
- Find the court date on the summons and file a written answer by then; call Colorado Legal Services
What these papers are in Colorado
After the sale, the public trustee records a certificate of purchase within 5 business days. It shows the price paid, the buyer, and any deficiency left on the loan (C.R.S. 38-38-401). If no lienholder files to redeem, title passes to the buyer at the close of business 8 business days after the sale, and the public trustee later records a confirmation deed (C.R.S. 38-38-501).
Under C.R.S. 13-40-104(1)(f), staying in a home sold under a power of sale in a deed of trust becomes unlawful detention once title has been perfected and the buyer has demanded possession. The demand must be in writing, describe the property, state the grounds, give the date and time to deliver possession, and be signed by the buyer, its agent or its attorney (C.R.S. 13-40-106(1)).
What it does and does not mean
- The demand is not a court order. Only a judgment and a writ of restitution from the court let the sheriff remove you.
- You cannot buy the home back. After a deed of trust foreclosure, only junior lienholders can redeem (C.R.S. 38-38-302).
- If you do not file an answer in a case after a foreclosure sale, the court can examine the complaint and enter judgment for possession without a hearing (C.R.S. 13-40-111(3)).
- If the sale brought more than you owed, money may be waiting for you at the public trustee. See Colorado surplus funds.
The deadlines and how to count them
- Title: passes at close of business 8 business days after the sale if no one files to redeem. Business days skip weekends and holidays (C.R.S. 38-38-501(1)).
- Summons: it must order you to appear on a date not less than 7 and not more than 14 days after the day it was issued (C.R.S. 13-40-111(1)). Count from the issue date printed on the summons, not the day you got it.
- Answer: file a written answer with the court at or before the appearance date and time in the summons (C.R.S. 13-40-113(1)). The summons must include a blank answer form.
- Writ: the court cannot issue a writ of restitution until 48 hours after judgment (C.R.S. 13-40-122(1)(a)).
See after a foreclosure sale in Colorado for everything that follows.
What to do this week
- Read the summons for the court, the appearance date and time, and whether you may appear by phone or video.
- Fill out and file the answer form before the appearance date. Say whether you got a proper written demand and anything else you want the judge to know.
- Apply to Colorado Legal Services for free legal help, or call the CARE Center at 303-838-1200, which the Division of Housing lists for counseling and legal help.
- If you need time to move, ask the buyer in writing for a move-out date and get any agreement signed.
- Call the public trustee in the county of the sale about any overbid. A notice must be mailed within 30 days after the redemption periods end if $25 or more is left (C.R.S. 38-38-111(2.5)(b)).
Deficiency and scam warnings
- The certificate of purchase lists any deficiency. Colorado allows a lender to seek it, but the lender had to bid at least its good faith estimate of fair market value, less taxes, senior liens and selling costs. A lower bid can be raised as a defense if you are sued (C.R.S. 38-38-106(6)). See Colorado deficiency judgments.
- An agreement to pay someone to recover your overbid from the public trustee is not enforceable, and pushing you to sign one is a crime (C.R.S. 38-38-111(2.5)(c)).
The rest of the Colorado process
See how foreclosure works in Colorado, the timeline, ways to stop it and free help in Colorado, or read the national guide to this letter.
Common questions
How long can I stay after a Colorado foreclosure sale?
Title does not pass until at least 8 business days after the sale (C.R.S. 38-38-501). Then the buyer must demand possession in writing and win an eviction case. The summons sets a court date 7 to 14 days after it is issued, and the writ cannot issue until 48 hours after judgment.
What if I ignore a Colorado eviction summons after foreclosure?
In a case after a foreclosure sale, if no answer is filed, the court can enter judgment for possession, damages and costs without a hearing (C.R.S. 13-40-111(3)). File your answer by the date and time in the summons.
Can the new owner just change the locks in Colorado?
The law gives the buyer a court process: a written demand, then an eviction case under C.R.S. 13-40-104(1)(f). If someone locks you out without a court order, contact legal aid right away.
Other Colorado letters
- Notice prior to residential foreclosure (hotline notice)Before a Colorado lender can file a foreclosure with the county public trustee, it must mail you a notice with the Colorado foreclosure hotline number and a direct line to its loss mitigation staff. It is not a foreclosure filing, but it means one can start in as little as 30 days.
- Notice of election and demandIn Colorado, the lender starts a foreclosure by filing a notice of election and demand with the county public trustee, who records it. Its recording date sets the first sale date 110 to 125 calendar days later for most homes. It is not a sale and not an eviction.
- Combined notice of sale, right to cure and right to redeemThe combined notice is the public trustee's notice of the sale date and place, your right to cure and lienholders' right to redeem. You get it twice: within 20 days after the foreclosure is recorded and again 45 to 60 days before the first sale date. The key date it gives you is the 15-day cure deadline.
- Rule 120 notice of hearing (motion for order authorizing sale)Before a Colorado public trustee can sell your home, the lender must get a court order authorizing the sale under Rule 120. The notice of hearing must be posted on your home at least 14 days before the hearing. To be heard, you file a Verified Response (JDF 621) at least 7 days before the hearing, or the judge may order the sale without a hearing.
- Cure statementIn Colorado, after you file a notice of intent to cure with the public trustee, the lender must give the public trustee a cure statement listing everything you must pay to catch up. The public trustee sends it to you. You must pay the total to the public trustee by 12 noon the day before the sale.