- Who sends it
- The lender's attorney, who files a verified motion in district court and posts the notice of hearing on your home
- What it starts
- A response deadline at least 7 days before the hearing date
- Do this first
- Find the hearing date and court, then get form JDF 621 from the Colorado Judicial Branch website
What this document is in Colorado
C.R.S. 38-38-105 says that whenever a public trustee forecloses a deed of trust, the lender must get an order authorizing sale from a court under Rule 120 of the Colorado Rules of Civil Procedure. A sale held without that order is invalid.
The case starts with the lender's verified motion. For a home, the lender must post a notice of hearing in a conspicuous place on the property, on the front door if possible, at least 14 days before the hearing (C.R.S. 38-38-105(3)(a)). For most servicers, the notice must also tell you that you may complain to the Colorado attorney general or the CFPB about single point of contact or dual tracking violations, but that a complaint will not stop the foreclosure (C.R.S. 38-38-105(3)(b)).
What it does and does not mean
- It is not a full lawsuit. The Colorado Judicial Branch says the court's review is very limited: whether there is a reasonable probability of a default, and whether the order is proper under the Servicemembers Civil Relief Act.
- It does not end your right to cure a payment default. Unless the order finds a default other than nonpayment, you can still file a notice of intent to cure (C.R.S. 38-38-104(1)).
- If you do not respond in time, the court looks only at the lender's motion and, if satisfied, can enter the order without a hearing.
- The judge's order must reach the public trustee by 12 noon on the second business day before the sale, or the public trustee must postpone the sale (C.R.S. 38-38-105(2)(b)).
The deadlines and how to count them
- Posting: the notice must be posted at least 14 days before the hearing date (C.R.S. 38-38-105(3)(a)).
- Your response: file JDF 621, Verified Response to a Rule 120 Notice, with the court and mail a copy to the lender's attorney not less than 7 days before the hearing date shown on the notice. Count back 7 days from the hearing date and file before then.
- Hearing timing: the hearing must be scheduled or completed no later than the day before the last day you can file a notice of intent to cure (C.R.S. 38-38-105(2)(a)).
- Filing fee: the Colorado Judicial Branch self-help page lists $222 for a response. If you cannot afford it, file JDF 205 and JDF 206 to ask to file without payment.
What to do this week
- Read the notice for the court, the case number and the hearing date. Plan to attend.
- Download JDF 621 and the JDF 620 instructions from the Colorado Judicial Branch Residential Foreclosures page.
- On JDF 621, explain why the judge should not order the sale. Attach proof such as a payment plan, cancelled checks or a servicer letter, labeled as exhibits.
- Check the military box if you or anyone on the loan is in the military now. If the case is not in the county where your home is, you can ask to move it.
- Fill out the certificate of service and mail a copy to the lender's attorney. Keep copies.
- Contact Colorado Legal Services for free legal help, and keep working your cure and loss mitigation deadlines at the same time.
If you filed bankruptcy, and where to get help
- The court's instructions say to talk to a bankruptcy attorney if you filed bankruptcy, because federal law may stop the case.
- If you think your servicer broke Colorado's dual tracking or single point of contact rules, the notice lists how to complain to the attorney general and the CFPB.
- The Colorado foreclosure help page lists housing counselors, legal aid and the bar's lawyer finder.
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
What happens if I do not respond to a Colorado Rule 120 notice?
The Colorado Judicial Branch says that if no response is filed in time, a hearing may not be held and the judge can enter an order authorizing the sale based on the lender's motion. You still keep your right to cure a payment default before the sale.
How many days before the Rule 120 hearing must I file my response?
Not less than 7 days before the hearing date, both filed with the court and mailed to the lender's attorney, according to the court's self-help page and JDF 620 instructions.
Can a Rule 120 hearing stop my Colorado foreclosure?
The review is narrow. The judge decides whether there is a reasonable probability of a default and whether the Servicemembers Civil Relief Act applies. If you can show you are not in default, such as with payment proof, bring it. For other defenses, talk to a lawyer.
Is there a fee to respond to a Colorado Rule 120 notice?
Yes. The court's self-help page lists $222. You can ask to file without paying by filing JDF 205 and JDF 206.
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.
- 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.
- Demand for possession and eviction summons after a public trustee saleAfter 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.