• Foreclosures & Denver Public Trustee

    The role of the Denver Public Trustee is to record foreclosure documents and to administer the process in a legal and transparent manner. 
    The Public Trustee Can:
    • Explain the foreclosure process to homeowners
    • Provide a list of outside resources for homeowners 
    • Provide foreclosure cure information to homeowners

    The Public Trustee Cannot:

    • Provide legal advice to homeowners
    • Administer debt mitigation agreements
    • Administer appeals
      

    Additional Foreclosure Information & Resources

    Information for Homeowners

    A number of resources are available to help homeowners facing foreclosure.

    This brochure, created by the Denver Public Trustee office, explains the basics of the foreclosure process and is available in English and Spanish:

    The Denver Public Trustee also offers a flyer listing foreclosure counseling resources in the area. The flyer is available in both English and Spanish:

    Please note: The Denver Public Trustee cannot offer assistance or legal advice to homeowners or to lenders. Our assistance is limited to explaining how the process works. 

    Colorado Foreclosure Hotline

    hotline graphic with phone number: 1-877-601-HOPE

    The Colorado Foreclosure Hotline is a key resource. Hotline counselors offer free assistance helping homeowners navigate the foreclosure process, and can act as a facilitator between homeowners and their mortgage lenders.

    The hotline is the product of a consortium of private-sector and government organizations that have come together to address the foreclosure rate inColorado, and is operated by the nonprofit Brothers Redevelopment.

    Notice to owners in foreclosure:  If your property goes to foreclosure auction sale and is purchased for more that the total owed to the lender and to all other lien holders, please contact the Public Trustee’s office after the sale because you may have excess funds due to you.

    Video: Five Myths About Foreclosures (View below):

    Absent a renegotiation of the loan between the lender and borrower, the borrower may stop the foreclosure process by "curing" the default. This means the borrower may bring the loan up to date by paying the outstanding loan default.

    The lender provides the cure amount, which may include past payment amounts due and owing, late fees, interest, attorney fees, Denver Public Trustee fees, and any other fees and charges associated with processing the foreclosure.

    Filing an Intent to Cure

    • Intent to Cure forms may be obtained on the Forms page, in person at the Public Trustee office, or at any local office supply store such as Bradford Publishing at 17th and Wazee.
    • An Intent to Cure form must be filled out and signed and turned in to the Public Trustee. If it is signed in the presence of Public Trustee personnel, it need not be notarized. Otherwise, it must be notarized before it can be accepted by the Public Trustee.
    • Faxed Intent to Cure forms cannot be accepted.
    • There is no filing fee.

    Cure Deadline

    Homeowners must file at least 15 days before the current auction date of their property in order to be guaranteed timely receipt of payment figures. For an Intent to Cure filed after that date, the lender’s attorney is not legally obligated to provide cure payment figures.

    1. Once a homeowner has filed an Intent to Cure, the Public Trustee will contact the lender’s attorney to obtain current cure figures.

    2. The foreclosing lender's attorney is required to supply cure figures to the Public Trustee within ten business days but no later than seven days prior to the sale at auction.

    3. The Public Trustee will then contact the homeowner with the cure figures. The homeowner will be contacted via telephone, mail and email, as listed on the Intent to Cure form submitted.

    4. If the Public Trustee does not speak to the homeowner in person and must instead leave a voicemail, the contact will still be considered complete.

    5. Once the homeowner has been given the cure payment figures, it is the responsibility of the homeowner to remit the correct payment to the Public Trustee by the deadline provided in order to stop the auction of the property and to close the foreclosure case.

    All cure payments must be in the form of a wire transfer, certified check, cashier's check, teller's check, or draft denominated as an official check as those terms are defined in and governed by the "Uniform Commercial Code", Title 4, C.R.S. Checks are to be made payable to Denver County Public Trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado. (See the Forms page for wire transfer instructions.)

    I Have Cured My Property. What Happens Now?

    • The Public Trustee will place your file on hold (this process stops the foreclosure from advancing).
    • The Public Trustee will immediately notify the foreclosing lender’s attorney of the cure.
    • The lender’s attorney is statutorily-required to process a withdrawal of the foreclosure filing.
    • The cure funds will not be released to the foreclosing lender’s attorney until a withdrawal of the file is received by the Public Trustee.
    • Once the withdrawal has been received and recorded, the Public Trustee will create a check to the lender for the cure amount, and the attorney will  pick it up and forward it to the lender.
    • This process takes approximately 14 business days.  


    In the meantime, the office of the Public Trustee recommends that the borrower contact their lender directly to advise them that the property was cured. The borrower should:

    • Supply the lender with the date cured
    • Supply the lender with the amount of the cure
    • Upon cure, the Public Trustee supplies a receipt and date/time-stamped copy of the cure figures. Advise your lender that you can send them a copy if they would like it as proof of the cure.
    • Ask the lender to supply a new updated mortgage statement.  


    The statement should include the due date, address where payment should be mailed and the amount of the next payment so routine loan payments can resume on your obligation without delay.

    Filing a Foreclosure

    In order to file a foreclosure with the Denver Public Trustee, you must submit the following documents:
    • Notice of Election and Demand
    • Evidence of Debt
    • The original evidence of debt, or
    • A corporate surety bond in the amount of one and one-half times the face value of the original evidence of debt, or
    • A copy of the evidence of debt along with a certificate of qualified holder.
    • Deed of Trust
    • The original deed of trust, or
    • A certified copy of the deed of trust (obtainable at the Denver Clerk and Recorder's Recording counter), or
    • A copy of the recorded deed of trust along with a certificate of qualified holder.
    • An initial mailing list
    • An amended mailing list (not less than sixty calendar days prior to the first scheduled property auction date)

    The following additional documentation may also be necessary:

    • Legal description of the property
    • Letter from the attorney representing you.

    Attention law firms:

    Attorneys who are submitting legal documents may send a "how to" request to foreclosures@denvergov.org. One of the Public Trustee staff will respond. Please allow a minimum of 24 hours for a response.

    E-File

    If you would like to set up an account to file foreclosures electronically, please contact Tech Services at 1-425-712-8899 to obtain information on purchasing software compatible with the Public Trustee database to file electronically.

    E-Mail

    If you intend to file a new foreclosure via e-mail, the following guidelines must be followed.

    • All new foreclosures should be e-mailed to:foreclosuresetup@denvergov.org
    • All documents must be scanned as a TIFF file at a resolution of 200 DPI. If you use a compression method, it must be CCITT.
    • If the legal description of the property is attached to the Notice of Election and Demand as an exhibit, it must be scanned as a second page to the Notice of Election and Demand and it must be scanned as a stand-alone document.
    • When filing a foreclosure, a deposit of $650.00 is required. This can be sent via postal mail or you may use ACH. If you do not have an ACH account with us and would like to use ACH, please contact Lisa Sandovalin the Public Trustee office by e-mail or call her at 311 (720-865-8400 outside of Denver) and ask to be transferred to her extension.

    We strongly recommend that if you are filing foreclosures via e-mail, you enable the "read receipt" feature on your e-mail program. Due to the large volume of foreclosures that we process daily, you will not receive manual confirmation of receipt from the Denver Public Trustee.

    If you are filing your foreclosure via e-mail, you will be charged for postage and copies for each mailing. Accordingly, you do not need to send us envelopes.

    All foreclosures filed via e-mail will be set up within ten days of receipt. Please do not send a request multiple times as this will cause the same file to be set up multiple times. If you need additional information, please contact Sindee Wagner by e-mail or by phone (call 311, or 720-865-8400 outside of Denver, and ask to be transferred).

    Paper Filing

    The third option for filing a new foreclosure is with paper documents. This can be done in person, by courier, or via postal mail. If you are filing a foreclosure by sending paper documents, include a self-addressed, stamped envelope to receive these documents back from our office.

    Your documents will be scanned into our database and the originals will be sent back to you. If you do not include a self-addressed, stamped envelope, your documents will still be sent back to you and you will be charged for postage and packaging.

    Redemptions


    Redemptions take place only after a property has been sold at a foreclosure auction, and is a mechanism primarily for junior lien holders. For homeowners, redemptions are possible only for foreclosures initially filed prior to January 1, 2008.

    The homeowner’s Intent to Redeem form may be obtained on the Public Trustee website, in person at the Public Trustee Office, or at an office supply store.

    The lien holder’s Intent to Redeem form (this is a different form from the homeowner’s Intent to Redeem form) is also on the Public Trustee website, on the Forms page.

    Intent to Redeem forms must be:

    • accompanied by the lien being used to redeem the property;
    • filled out and notarized, and turned in to the Public Trustee (If it is signed in the presence of Public Trustee personnel, it need not be notarized; otherwise, it must be notarized before it can be accepted by the Public Trustee office);
    • accompanied by a $50 redemption fee - cash, check or credit card. (Certified check not necessary.)


    The lien holder Intent to Redeem form must be notarized in all cases. Faxed Intent to Redeem forms cannot be accepted.

    HOA Redemptions

    Homeowner associations redeeming a property must provide:

    • a completed Intent to Redeem form (find this on our Forms page)
    • certified copy of the Declaration of Covenants (This is required by state statute, and may be returned to the association upon request after it has been recorded in the Public Trustee Office).
    • $50.00 redemption fee - cash, check or credit card. (Certified check not necessary.)

    A signed and notarized statement confirming that the amount claimed as the portion of the lien used to redeem does not include an amount equal to the first 6 months of dues that would have been due immediately prior to the acceleration of the loan.

    You will find an explanatory document with more detail on HOA redemptions on the Forms page.

    In Colorado, the Public Trustee processes releases of Deeds of Trust upon payoff or re-finance of a property loan. Recording the release of the corresponding Deed of Trustee lien signifies that the lien is satisfied.

    The Public Trustee's office highly recommends that all title companies, banks, and other lending institutions file their releases of deeds of trust electronically. For information on electronic filing of releases of deeds of trust with the Public Trustee, please contact either Simplifile or Ingeo (see below).

    Simplifile
    715 Heather Glen Lane
    Fort Collins, CO 80525
    Toll Free:  800-460-5657
    Fax:  801-373-1417

    Ingeo
    Josh Smith - Western Regional Sales Representative
    E-mail: Josh Smith
    Phone:; 435-764-6556

    Obtaining a Copy of a Deed Release

    Are you in need of a photocopy or certified copy of a deed release? Please see our Records page for information on obtaining a copy of a deed release.

    Statistics

    Numbers of deed releases in Denver, by year, may be found on this page.

    Procedures for Deed Releases

    Documents required for processing a release of deed of trust are:

    • Release of Deed of Trust form, signed and notarized
    • Deed of Trust, original or copy
    • Promissory Note, the original document only, marked “paid” or “cancelled” (except in the case of a “Live Note” or Partial Release)
    • Indemnification Release form — The is an alternative available to qualified lenders in the case where a promissory note is not submitted.

    Certified mail is recommended for documents submitted by postal mail.

    Costs for filing, recording and additional pages can be found on the Fees page. Visit the Forms page to download appropriate forms for the release of deed of trust.

    All completed releases are recorded and become public documents searchable in Denver's recorded documents database.

    Note: True "mortgages" are rare in Colorado, which is a "deed of trust" state.  If you have a document that has been recorded as a mortgage, the release of this document is completed through the Clerk and Recorder's Office, though it is not exactly the same procedure as a release of deed of trust. If you have a release of an actual mortgage, please contact the Recording Division in the Clerk and Recorder's office at 311 (or 720-865-8400 outside of Denver) to get the exact wording and requirements for properly recording the release.

    The Denver Public Trustee accepts monthly payments into escrow accounts for real estate taxes on properties sold under installment land contracts.

    Escrow account balances are transferred to the Denver Treasury Division each April. The annual escrow fee can be found on the Fees page.

    To set up payments for an installment land contract, send an email to foreclosures@denvergov.org, with "installment land contract" in the subject line. Please include your name and a contact phone number.

    Learn How to Purchase Foreclosed Properties

    Free seminars:  Learn how to purchase a foreclosed property at Denver's Public Trustee auctions, or how to redeem a foreclosed property if you are a lien holder. Earn real estate CE credit. Visit Our News Announcement to Learn More.

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