Skip to main content
How to avoidForeclosure

Colorado · What this letter means

You got a Colorado demand for possession or eviction summons after a foreclosure sale: what it means

After a Colorado public trustee sale, the buyer gets a certificate of purchase, and title passes 8 business days after the sale if no lienholder redeems. The buyer must then demand possession in writing and, if you stay, file an eviction case. The summons sets a court date 7 to 14 days after it is issued.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

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)).

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

Sources

  1. C.R.S. 38-38-106, 38-38-111, 38-38-302, 38-38-401, 38-38-501 (Colorado Revised Statutes 2026, Title 38)
  2. C.R.S. 13-40-104, 13-40-106, 13-40-111, 13-40-113, 13-40-122 (Colorado Revised Statutes 2026, Title 13)
  3. Colorado General Assembly: 2026 CRS Titles for Download

Free, official, nationwide

Free help anywhere in the country

Ask a question

Need help avoiding foreclosure in Colorado?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in Colorado.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.